Activities of Alexandr VONDRA related to 2022/0095(COD)
Shadow reports (1)
REPORT on the proposal for a regulation of the European Parliament and of the Council establishing a framework for setting eco-design requirements for sustainable products and repealing Directive 2009/125/EC
Amendments (100)
Amendment 98 #
Proposal for a regulation
Recital 1
Recital 1
(1) The European Green Deal25 is Europe’s sustainable growth strategy that aims to transform the Union into a fair and prosperous society, with a modern, competitive, climate-neutral and circular economy. It sets the ambitious objective of ensuring that the Union becomes the first climate neutral continent by 2050. It recognises the advantages of investing in the Union’s competitive sustainability by building a fairer, greener and more digital Europe. Products have a pivotal role to play in this green transition. Underlining that current production processes and consumption patterns remain too linear and dependent on a throughput of new materials extracted, traded and processed goods and finally disposed of as waste or emissions, the European Green Deal emphasises the urgent need to transition to a circular economy model and stresses the significant progress that remains to be made. It also identifies energy efficiency as a priority for the decarbonisation of the energy sector and for reaching the climate objectives in 2030 and 2050, while underlining the importance of energy security and affordability. __________________ 25 Communication from the Commission to the European Parliament, the European Council, the Council, the European Economic and Social Committee and the Committee of the Regions The European Green Deal COM(2019)640 final.
Amendment 101 #
Proposal for a regulation
Recital 2
Recital 2
(2) To accelerate the transition to a circular economy model, the Commission designed a future-oriented agenda in its Circular Economy Action Plan for a cleaner and more competitive Europe26 (CEAP), with the objective of making the regulatory framework fit for a sustainable future. The plan underlines that, for citizens, the circular economy will provide high-quality, functional and safe products, which are efficient and affordable, last longer and are designed for reuse, repair, and high-quality recycling. As set out in this plan, there is currently no comprehensive set of requirements to ensure that all products placed on the Union market become increasingly sustainable and stand the test of circularity. In particular, product design does not sufficiently promote sustainability over the whole life cycle. As a result, products are being replaced frequently, involving significant energy and resource use in order to produce and distribute new products and dispose of old ones. It is still too difficult for economic operators and citizens to make sustainable choices in relation to products given that relevant information and affordable options to do so are lacking. This leads to missed opportunities for sustainability and for value-retaining operations, limited demand for secondary materials and obstacles to the adoption of circular business models. __________________ 26 Communication from the Commission to the European Parliament, the European Council, the Council, the European Economic and Social Committee and the Committee of the Regions A new Circular Economy Action Plan For a cleaner and more competitive Europe COM(2020)98 final.
Amendment 109 #
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, affordability and safety, enabling remanufacturing and high-quality recycling and reducing carbon and environmental footprints.
Amendment 119 #
Proposal for a regulation
Recital 8
Recital 8
(8) This Regulation should also contribute to achieving the Union’s wider environmental objectives. The 8th Environmental Action Programme38 enshrines in a legalmonitoring framework the Union’s objective of staying within the planetary boundaries and identifies enabling conditions to achieve priority objectives, which include the transition to a non-toxic circular economy. The European Green Deal also calls for the Union to better monitor, report, prevent and remedy air, water, soil and consumer products pollution. This means that chemicals, materials and products have to be as safe and sustainable as possible by design and during their life cycle, leading to non-toxic material cycles39 . In addition, both the European Green Deal and the CEAP recognise that the Union internal market provides a critical mass that is able to influence global standards on product sustainability and product design. This Regulation should therefore play a significant role towards achieving several targets established under the United Nations’ Sustainable Development Goals of the UN’s 2030 Agenda for Sustainable Development ‘Responsible consumption and production’40 , both inside and outside the Union. __________________ 38 Decision (EU) 2022/…. of the European Parliament and of the Council of … on a General Union Environment Action Programme to 2030 [Add reference when published in OJ – trilogue agreement 2 December 2021]. 39 As set out in the EU Action Plan Towards zero pollution for air, water and soil (COM(2021)400 final) and the Chemicals Strategy for Sustainability (COM(2020)667 final), which calls for embracing the zero pollution goals in production and consumption. 40 Including in particular targets under SDG 12 (“Responsible consumption and production”).
Amendment 129 #
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. 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 ecodesign requirements, including products used by the military or in law enforcement operations. 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. and products intended for specifically military, defence or law enforcement purposes. __________________ 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 139 #
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 productsnot be applicable . Similarly, the space industry is strategic for Europe and for its technological non- dependence and should bfalance sustainability considerations with resilience and expected performancel outside the scope of this Regulation. 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 141 #
Proposal for a regulation
Recital 17
Recital 17
(17) To avoid duplication of efforts and regulatory burden, consistency should be ensured between this Regulation and requirements set in or pursuant to other Union legislation, especially products, chemicals and waste legislation51 . However, the existence of empowerments under other Union legislation to set requirements with the same or similar effects as requiDouble regulation should be avoided at all times. In that regard, the principle of one rule in, one rule out, as enshrined in the Better Regulation Communication, should be respected. The Commission should, where appropriate, premsents under this Regulation does not limit the empowerments included in this Regulation, unless specified legislative proposals in order to reduce the administrative burden and remove unnecessary requirements in othis Reguer legislation. __________________ 51 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions on the implementation of the circular economy package - options to address the interface between chemical, product and waste legislation (COM(2018) 32 final).
Amendment 144 #
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 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 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 148 #
Proposal for a regulation
Recital 19
Recital 19
(19) In order to take into account the diversity of products, the Commission should select the methods to assess the setting of the ecodesign requirements and, as appropriate, develop them further based on the nature of the product, its most relevant aspects and its impacts over its life cycle. In doing so, the Commission should take account of its experience in assessing the setting of requirements under Directive 2009/125/EC and the continuing efforts to develop and improve science-based assessment tools, such as the update of the methodology for ecodesign of energy- related products, and the Product Environmental Footprint method set out in Commission Recommendation (EU) 2021/227956 , including as regards temporary storage of carbon, as well as the development of standards by international and European standardisation organisations, including on the material efficiency of energy-related products. Building on these tools and using dedicated studies when needed, the Commission should further reinforce circularity aspects (such as durability, reparability including reparability scoring, identification of chemicals hindering re-use and recycling) in the assessment of products and in the preparation of ecodesign requirements, and should develop new methods or tools where appropriate. New approaches may also be needed for the preparation of mandatory public procurement criteria and for bans on the destruction of unsold consumer products. __________________ 56 Commission Recommendation (EU) 2021/2279 of 15 December 2021 on the use of the Environmental Footprint methods to measure and communicate the life cycle environmental performance of products and organisations.
Amendment 151 #
Proposal for a regulation
Recital 20
Recital 20
(20) Performance requirements should relate to a selected product parameter relevant to the targeted product aspect for which potential for improving environmental sustainability has been identified. Such requirements may include minimum or maximum levels of performance in relation to the product parameter, non-quantitative requirements that aim to improve performance in relation to the product parameter, or requirements related to a product’s functional performance to ensure that the selected performance requirements do not negatively impact the ability of the product to perform the function for which it was designed and marketed. Regarding minimum or maximum levels, they may for example take the form of a limit on energy consumption in the use phase or on the quantities of a given material incorporated in the product, a requirement for minimum quantities of recycled content, or a limit on a specific environmental impact category or on an aggregation of all relevant environmental impacts. An example of a non-quantitative requirement is the prohibition of a specific technical solution that is detrimental to product reparability. Performance requirements will be used to ensure the removal of the worst performing products from the market where this is necessary to contribute to the environmental sustainability objectives of the Regulation.
Amendment 166 #
Proposal for a regulation
Recital 23
Recital 23
(23) To improve environmental sustainability of products, information requirements should relate to a selected product parameter relevant to the product aspect, such as the product’s environmental footprint or its durability. They may require manufacturer to make available information on the product’s performance in relation to a selected product parameter or other information that may influence the way the product is handled by parties other than the manufacturer in order to improve performance in relation to such a parameter. Such information requirements should be set either in addition to, or in place of, performance requirements on the same product parameter as appropriate. Where a delegated act includes information requirements, it should indicate the method for making the required information available, such as its inclusion on a free- access website, product passport or product label. Information requirements are necessary to lead tohave the potential to become an important tool to achieve the behavioural change needed to ensure that the environmental sustainability objectives of this Regulation are achieved. By providing a solid basis for, as long as the information in question remains meaningful and concise. An information overload should be avoided at all times. By requiring that concise and meaningful information be provided to purchasers and public authorities to compare products on the basis of their environmental sustainability, information requirements are expected to drive consumers and public authorities towards more sustainable choices.
Amendment 177 #
Proposal for a regulation
Recital 24
Recital 24
(24) Where delegated acts include information requirements, they may in addition determine classes of performance in relation to one or more relevant product parameters, in order to facilitate comparison between products on the basis of that parameter. Classes of performance should enable differentiation of products based on their relative sustainability and could be used by both consumers and public authorities. As such, they are intended to drive the market towards more sustainable products, without compromising functionality.
Amendment 182 #
Proposal for a regulation
Recital 25
Recital 25
(25) Information on the presence of substances of concern in products is a keyn important 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 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 relevant 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 tackleInformation requirements should only require actors to deliver data once. An obligation to provide information should not be understood as an obligation to disclose trade secrets. __________________ 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 225 #
Proposal for a regulation
Recital 47
Recital 47
(47) To dis-incentivise the destruction of unsold consumer products and to further generate data on the occurrence of this practice, this Regulation should introduce a transparency obligation for economic operators holding consumer products in the Union, requiring them to disclose information on the number of unsold consumer products discarded per year. The economic operator falling under the scope of Directive 2013/34/EU should indicate the product type or category, the reasons for their discarding and their delivery for subsequent waste treatment operations. While economic operators should be free to determine how to disclose that information in a manner appropriate to their business environment, it should be considered a best practice to include the required information in a publicly available non-financial statement drafted in accordance with Article 19a of Directive 2013/34/EU of the European Parliament and of the Council71 where applicable. Based on the information gathered, the Commission should, where appropriate, submit a legislative proposal to Parliament and the Council with a view to introducing a ban on the destruction of goods. __________________ 71 Directive 2013/34/EU of the European Parliament and of the Council of 26 June 2013 on the annual financial statements, consolidated financial statements and related reports of certain types of undertakings, amending Directive 2006/43/EC of the European Parliament and of the Council and repealing Council Directives 78/660/EEC and 83/349/EEC (OJ L 182, 29.6.2013, p. 19).
Amendment 227 #
Proposal for a regulation
Recital 48
Recital 48
Amendment 242 #
Proposal for a regulation
Recital 63
Recital 63
(63) In order to allow for a better estimation of relevant products’ market penetration, to better inform studies feeding into the drafting or updating of ecodesign requirement and working plans, and to help identify the market share of specific product groups in order to speed up the formulation or review of ecodesign requirements, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission to supplement this Regulation by requiring the collection of adequate and reliable data on the sales of products, by allowing the collection of such data by or on behalf of the Commission directly from manufacturers or retailers. When adopting rules on monitoring and reporting, the Commission should take into account the need to maximise the available data on market penetration and the need to minimise the administrative burden for economic operators. SMEs should be exempted from the obligation to provide data on the sales of products. Before adopting a delegated act, the Commission should consult all relevant stakeholders, and explain why there are no alternative options for obtaining the same or similar data.
Amendment 243 #
Proposal for a regulation
Recital 64
Recital 64
Amendment 245 #
Proposal for a regulation
Recital 65
Recital 65
(65) In order to ensure the effective and harmonised application of ecodesign requirements set under this Regulation, including on aspects such as energy use or efficiency, durability and reliability, and recycled content, compliance with those requirements should be measured using reliable, accurate and reproducible methods that take into account the generally recognised state-of- the-art methods. Delegated acts establishing ecodesign requirements for products should in principle include the specifications for tests, measurements or calculations needed to establish or verify compliance. In addition, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission to supplement this Regulation by requiring the use of online tools reflecting applicable calculation requirements, in order to ensure their harmonised application.
Amendment 252 #
Proposal for a regulation
Recital 88
Recital 88
Amendment 254 #
Proposal for a regulation
Recital 92
Recital 92
Amendment 270 #
Proposal for a regulation
Article 1 – paragraph 1 – subparagraph 1 – point f
Article 1 – paragraph 1 – subparagraph 1 – point f
Amendment 286 #
Proposal for a regulation
Article 1 – paragraph 1 – subparagraph 2
Article 1 – paragraph 1 – subparagraph 2
This Regulation also establishes a digital product passport (‘product passport’), and provides for the setting of mandatory green public procurement criteria and creates a framework to prevent unsold consumer products from being destroyed.
Amendment 292 #
Proposal for a regulation
Article 1 – paragraph 2 – point g a (new)
Article 1 – paragraph 2 – point g a (new)
Amendment 297 #
Proposal for a regulation
Article 2 – paragraph 1 – point 1
Article 2 – paragraph 1 – point 1
(1) ‘product’ means any physical good that is placed on the market or put into servicecreated as a result of human activity;
Amendment 298 #
Proposal for a regulation
Article 2 – paragraph 1 – point 2
Article 2 – paragraph 1 – point 2
(2) ‘component’ means a product or spare part intended to be incorporated into another product;
Amendment 303 #
Proposal for a regulation
Article 2 – paragraph 1 – point 6
Article 2 – paragraph 1 – point 6
(6) ‘ecodesign’ means the integration of environmental sustainability considerationaspects into the characteristics of a product and the processes taking place throughout the product’s value chain;
Amendment 313 #
Proposal for a regulation
Article 2 – paragraph 1 – point 17
Article 2 – paragraph 1 – point 17
(17) ‘upgrading’ means enhancing the functionality, performance, capacity or aesthetics of a product;
Amendment 330 #
Proposal for a regulation
Article 2 – paragraph 1 – point 21
Article 2 – paragraph 1 – point 21
(21) ‘durability’ means the ability of a product to function as required, under specified conditions of use, maintenance and repair, until a limiting event prevents its functioningthe goods to maintain their required functions and performance through normal use;
Amendment 333 #
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 categoriesor product group's environmental impact including carbon, based on the Product Environmental Footprint method (PEF) or other standards;
Amendment 384 #
Proposal for a regulation
Article 2 – paragraph 1 – point 28 – point c
Article 2 – paragraph 1 – point 28 – point c
(c) negatively affects the sustainability, mainly the re-use and recycling of materials in the product in which it is present;
Amendment 393 #
Proposal for a regulation
Article 2 – paragraph 1 – point 29
Article 2 – paragraph 1 – point 29
(29) ‘(digital) product passport’ means a set of data specific to a product that includes the information specified in the applicable delegated act adopted pursuant to Article 4and/or product group and that is accessible via electronic means through a data carrier in accordance with Chapter III;
Amendment 404 #
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 that has been returned by a consumer who did not use the product and returns the product in view of their right of withdrawal in accordance with Article 9 of Directive (EU) 2011/83/EU;
Amendment 411 #
Proposal for a regulation
Article 2 – paragraph 1 – point 39
Article 2 – paragraph 1 – point 39
(39) ‘making available on the market’ means any supply of a product for distribution, consumption or use on the Union market in the course of a commercial activity, whether in return for payment or free of charge in Accordance with Regulation 2019/1020;
Amendment 423 #
Proposal for a regulation
Article 2 – paragraph 1 – point 46
Article 2 – paragraph 1 – point 46
(46) ‘economic operator’ means the manufacturer, the authorised representative, the importer, the distributor, the dealer and the fulfilment service providernatural or legal person responsible for ensuring that this Regulation is complied with at every stage of process that is under that person’s control;
Amendment 439 #
Proposal for a regulation
Article 2 – paragraph 1 – point 59 a (new)
Article 2 – paragraph 1 – point 59 a (new)
(59a) 'life cycle cost' is an approach the assesses the total cost of an asset over product's life cycle including initial capital, maintenance, distribution, operating and other costs.
Amendment 443 #
Proposal for a regulation
Article 2 – paragraph 1 – point 59 b (new)
Article 2 – paragraph 1 – point 59 b (new)
(59b) 'professional repairer' means an operator or undertaking which provides services of repair and professional maintenance.
Amendment 452 #
Proposal for a regulation
Article 2 – paragraph 3
Article 2 – paragraph 3
The definitions of ‘market surveillance’, ‘market surveillance authority’, ‘fulfilment service provider’, ‘online interface’, ‘corrective action’, ‘end-user’, ‘recall’, ‘withdrawal’, ‘customs authorities’ and, ‘release for free circulation’ , 'placing on the market' , 'manufacturer' , 'authorised representative' , 'importer' , 'distributor' , 'economic operator' in Article 3, points (3), (4), (11), (15), (16), (21), (22), (23), (24) and (25), of Regulation (EU) 2019/1020 shall also apply.
Amendment 460 #
Proposal for a regulation
Article 3 – paragraph 2 – subparagraph 1
Article 3 – paragraph 2 – subparagraph 1
Member States shall not prohibit, restrict or impede the placing on the market or putting into service of products that comply with the performance requirements set out in delegated acts adopted pursuant to Article 4 for reasons of non- compliance with national performance requirements relating to product parameters referred to in Annex I covered by performance requirements included in such delegated acts.
Amendment 464 #
Proposal for a regulation
Article 3 – paragraph 4
Article 3 – paragraph 4
Amendment 480 #
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 484 #
Proposal for a regulation
Article 4 – paragraph 3 – point b
Article 4 – paragraph 3 – point b
Amendment 486 #
Proposal for a regulation
Article 4 – paragraph 3 – point c
Article 4 – paragraph 3 – point c
Amendment 488 #
Proposal for a regulation
Article 4 – paragraph 3 – point d
Article 4 – paragraph 3 – point d
Amendment 494 #
Proposal for a regulation
Article 4 – paragraph 3 – point f
Article 4 – paragraph 3 – point f
Amendment 497 #
Proposal for a regulation
Article 4 – paragraph 3 a (new)
Article 4 – paragraph 3 a (new)
The requirements set out in the delegated acts shall respect business confidentiality, as well as the privacy of the consumer. The requirements shall not impose an obligation to disclose competitive sensitive information.
Amendment 498 #
Proposal for a regulation
Article 4 – paragraph 3 b (new)
Article 4 – paragraph 3 b (new)
The delegated acts referred to in this Article shall apply no sooner than 24 months after their adoption.
Amendment 499 #
Proposal for a regulation
Article 5 – paragraph 1 – introductory part
Article 5 – paragraph 1 – introductory part
1. The Commission shall, as appropriate to the relevant product groups and with due consideration for all stages of their life cycle, for technical and economic feasibility as well as unique trade-offs between their characteristics, establish ecodesign requirements for consumer products to improve the following product aspects: assessed in combination considering possible interdependencies:
Amendment 504 #
Proposal for a regulation
Article 5 – paragraph 1 – point b
Article 5 – paragraph 1 – point b
Amendment 510 #
Proposal for a regulation
Article 5 – paragraph 1 – point g
Article 5 – paragraph 1 – point g
(g) presence of substances of concern which are not already covered by other Union legislation;
Amendment 518 #
Proposal for a regulation
Article 5 – paragraph 1 – point j
Article 5 – paragraph 1 – point j
Amendment 531 #
Proposal for a regulation
Article 5 – paragraph 1 – point l
Article 5 – paragraph 1 – point l
(l) possibility of recovery of materialsrecyclability and ease of recycling;
Amendment 533 #
Proposal for a regulation
Article 5 – paragraph 1 – point m
Article 5 – paragraph 1 – point m
(m) environmental impacts, and footprint including carbon and environmental footprint;
Amendment 544 #
Proposal for a regulation
Article 5 – paragraph 2 – subparagraph 2
Article 5 – paragraph 2 – subparagraph 2
However, where two or more product groups verifiably display technical similarities allowing a product aspect referred to in paragraph 1 to be improved based on a common requirement, ecodesign requirements may be established horizontally for those product groups.
Amendment 557 #
Proposal for a regulation
Article 5 – paragraph 4 – point a – point i
Article 5 – paragraph 4 – point a – point i
(i) Union climate, environmental and energy efficiency priorities and other related Union priorities;
Amendment 581 #
Proposal for a regulation
Article 5 – paragraph 4 – point a – point v a (new)
Article 5 – paragraph 4 – point a – point v a (new)
(va) the Commission’s Better Regulation Guidelines;
Amendment 582 #
Proposal for a regulation
Article 5 – paragraph 4 – point a – point v b (new)
Article 5 – paragraph 4 – point a – point v b (new)
(vb) include the feedback from stakeholders, in particular SMEs and consumer organisations
Amendment 593 #
Proposal for a regulation
Article 5 – paragraph 4 a (new)
Article 5 – paragraph 4 a (new)
4a. Ecodesign requirements shall ensure harmonisation with existing Union law, and avoid duplication or overlaps of regulation.
Amendment 596 #
Proposal for a regulation
Article 5 – paragraph 5 – point a a (new)
Article 5 – paragraph 5 – point a a (new)
(aa) there shall not be a disproportional effect on the price of the product and there shall not be a disproportionate effect on the ability of the consumer to acquire the product.
Amendment 597 #
Proposal for a regulation
Article 5 – paragraph 5 – point c
Article 5 – paragraph 5 – point c
(c) there shall be no significant negative impact on consumers in terms of the affordability of relevant products, also taking into account access to second-hand products, durability and the life cycle cost of products;
Amendment 605 #
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 650 #
Proposal for a regulation
Article 7 – paragraph 2 – point b – paragraph 1 – point ii
Article 7 – paragraph 2 – point b – paragraph 1 – point ii
(ii) meaningful information for consumers and other end-users on how to install, use, maintain and repair the product in order to minimise its impact on the environment and to ensure optimum durability, as well as on how to return or dispose of the product at end-of-life;
Amendment 671 #
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 allrelevant substances of concern throughout the life cycle of products, unless such tracking is already enabled by another delegated act adopted pursuant to Article 4 covering the products concern, including the threshold, to be defined for a specific product group pursuant to a consultation in the ecodesign forum, throughout the life cycle of products, unless such tracking is already enabled, and shall include at least the following:
Amendment 683 #
Proposal for a regulation
Article 7 – paragraph 5 – subparagraph 1 – point a
Article 7 – paragraph 5 – subparagraph 1 – point a
(a) where relevant, the name of the substances of concern present in the product;
Amendment 685 #
Proposal for a regulation
Article 7 – paragraph 5 – subparagraph 1 – point b
Article 7 – paragraph 5 – subparagraph 1 – point b
(b) where relevant, the location of the substances of concern within the product;
Amendment 694 #
Proposal for a regulation
Article 7 – paragraph 5 – subparagraph 1 – point e
Article 7 – paragraph 5 – subparagraph 1 – point e
(e) information relevant for disassembly, dismantling, recycling, other forms of recovery and final disposal.
Amendment 701 #
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), and are relevant for the purposes of the product groups covered; this relevance evaluation should be based on consultations in the ecodesign forum;
Amendment 706 #
Proposal for a regulation
Article 7 – paragraph 5 – subparagraph 2 – point b
Article 7 – paragraph 5 – subparagraph 2 – point b
(b) lay down deadlines for the entry into application of the information requirements, in a phased approach referred to in the first subparagraph, with possible differentiation between substances; and
Amendment 710 #
Proposal for a regulation
Article 7 – paragraph 5 – subparagraph 2 – point c
Article 7 – paragraph 5 – subparagraph 2 – point c
(c) where applicable provide exemptions for substances of concern or information elements from the information requirements referred to in the first subparagraph.
Amendment 734 #
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. If the information is available in digital format a digital provision of said information should be prioritised.
Amendment 741 #
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 of 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 referred to the first sub-paragraph is communicated to the manufacturer.
Amendment 748 #
Proposal for a regulation
Article 8 – paragraph 2 – point a
Article 8 – paragraph 2 – point a
(a) the information to be included in the product passport pursuant to Annex III while respecting confidentiality and relevant intellectual property rights;
Amendment 751 #
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;
Amendment 775 #
Proposal for a regulation
Article 8 – paragraph 2 – point h a (new)
Article 8 – paragraph 2 – point h a (new)
(ha) the form of communication between suppliers and recipients of an article, a mixture or a substance and manufacturers in accordance with Article 7 (8).
Amendment 785 #
Proposal for a regulation
Article 8 – paragraph 3 – point a
Article 8 – paragraph 3 – point a
(a) ensure that all relevant actors along the value chain, in particular consumers, economic operators, among which SMEs, and competent national authorities, can access product information relevant to them;
Amendment 787 #
Proposal for a regulation
Article 8 – paragraph 3 – point a a (new)
Article 8 – paragraph 3 – point a a (new)
(aa) protect confidential business information and comply with requirement (b) of paragraph 3, in accordance with the interests of the party concerned.
Amendment 797 #
Proposal for a regulation
Article 8 – paragraph 3 – point c a (new)
Article 8 – paragraph 3 – point c a (new)
(ca) be justified to ensure free movement in the internal market;
Amendment 821 #
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 secret information;
Amendment 852 #
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 the emphasis on trade secrets and protection on intellectual property;
Amendment 868 #
Proposal for a regulation
Article 14 – paragraph 3
Article 14 – paragraph 3
3. For energy-related products, where information on a relevant product parameter, including on classes of performance referred to in Article 7(4), cannot be incorporated in the energy label established pursuant to Regulation (EU) 2017/1369, the Commission, after assessing the best way to communicate about this particular information, may, if appropriate, require the establishment of a label in accordance with this Regulation instead.
Amendment 875 #
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 the goal of this Regulation, the Commission shall take into account their potential contribution to achieving Union climate, environmental and energy efficiencenergy efficiency and circular economy objectives, as well as the following criteria:
Amendment 877 #
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 the goal of this Regulation, the Commission shall take into account their potential contribution to achieving Union climate, environmental and energy efficiencenergy efficiency and circular economy objectives, as well as the following criteria:
Amendment 883 #
Proposal for a regulation
Article 16 – paragraph 1 – point c
Article 16 – paragraph 1 – point c
(c) the distribution of the environmental impacts, energy use and waste generation across the value chain and the whole life-cycle of the product, in particular whether they take place within the Union;
Amendment 906 #
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 relevant interested parties involved with the product or product group in question, such as industry, including SMEs and craft, craft and recycling 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 911 #
Proposal for a regulation
Article 17 – paragraph 2
Article 17 – paragraph 2
To that end, the Commission shall establish an expert group, in which those parties shall meet on a regular basis, referred to as the ‘Ecodesign Forum’.
Amendment 914 #
Proposal for a regulation
Article 17 – paragraph 2 a (new)
Article 17 – paragraph 2 a (new)
The Commission shall ensure that: (a) an appropriate timeframe is set for consultations; (b) the tasks are carried out in a transparent manner.
Amendment 920 #
Proposal for a regulation
Article 18 – paragraph 3 – subparagraph 1 – introductory part
Article 18 – paragraph 3 – subparagraph 1 – introductory part
The Commission shall assess in a timely manner the proposed self-regulation measure, and, where necessary, shall seek scientific advice from Union decentralised agencies. On the basis of that assessment, it shall establish whether it is a valid alternative to a delegated act adopted pursuant to Article 4 where the following criteria are fulfilled:
Amendment 924 #
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 850 % of units placed on the market or put into service;
Amendment 929 #
Proposal for a regulation
Article 18 – paragraph 4
Article 18 – paragraph 4
4. The Commission may at any point in timein substantiated cases request the signatories of a self- regulation measure to submit a revised and updated version of that measure in view of relevant market or technological developments within the product group concerned or where it has justified reason to believe that the criteria set out in paragraph 3 are no longer fulfilled. The signatories of a self- regulation measure are obliged to respond without unnecessary delay.
Amendment 932 #
Proposal for a regulation
Article 18 – paragraph 5
Article 18 – paragraph 5
5. Once a self-regulation measure has been listed in an implementing act adopted pursuant to paragraph 3, second subparagraph, the signatories of that measure shall report to the Commission, at regular intervals set out in that implementing act of once a year, on the progress towards achieving the objectives of the self- regulation measures and to demonstrate that the criteria set in paragraph 3, points (a) to (e), remain fulfilled. Those reports shall also be made available on a publicly accessible website within one month from the date of transmission of the report to the Commission at the latest.
Amendment 934 #
Proposal for a regulation
Article 18 – paragraph 6
Article 18 – paragraph 6
6. Where the Commission considers, based on information received pursuant to paragraphs 4 or 5, that a self-regulation measure no longer fulfils the criteria set out in paragraph 3, it shall delete it from the list referred to in that paragraph. In such cases, the Commission may decide to adopt ecodesign requirements applicable to the product covered by that self- regulation measure with effect from the first day of the following calendar year.
Amendment 938 #
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. In exceptional cases, where specific guidelines for SMEs would not be appropriate, the Commission shall explain in detail why that is the case. That explanation shall be published after consulting all relevant stakeholders, in particular representatives of SMEs.
Amendment 951 #
Proposal for a regulation
Article 20
Article 20
Amendment 1041 #
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 and transmitting in-use data;
Amendment 1042 #
Proposal for a regulation
Article 31 – paragraph 2 – subparagraph 1 – point b a (new)
Article 31 – paragraph 2 – subparagraph 1 – point b a (new)
(ba) the feasibility of anonymisation and the risk of re-identification;
Amendment 1043 #
Proposal for a regulation
Article 31 – paragraph 2 – subparagraph 1 – point c
Article 31 – paragraph 2 – subparagraph 1 – point c
(c) the need to avoid disproportionate administrative burden for economic operators, in particular SMEs.
Amendment 1044 #
Proposal for a regulation
Article 31 – paragraph 3 – subparagraph 1 – point b
Article 31 – paragraph 3 – subparagraph 1 – point b
(b) the need to avoid disproportionate administrative burden for economic operators, in particular SMEs.
Amendment 1056 #
Proposal for a regulation
Article 57
Article 57
Amendment 1062 #
Proposal for a regulation
Article 58
Article 58
Amendment 1085 #
Proposal for a regulation
Article 69 – paragraph 1
Article 69 – paragraph 1
No soonlater than [83 years after the date of application of this Regulation] and every two years thereafter, the Commission shall carry out an evaluation of this Regulation and of its contribution to the functioning of the internal market and the improvement of the environmental sustainability of products. The Commission shall present a report on the main findings to the European Parliament, the Council, the European Economic and Social Committee, and the Committee of the Regions and make it publicly available. The report shall be accompanied by a summary targeted at the general public. Member States shall provide the Commission with the information necessary for the preparation of that report. The report shall, in particular, focus on the impact of this Regulation on SMEs, the capacity for innovation within the Union, as well as the effects of this Regulation on consumers, in particular those with a lower or middle income.
Amendment 1108 #
Proposal for a regulation
Annex I – paragraph 1 – point h
Annex I – paragraph 1 – point h