[ParlTrack]

Proposal for a regulation
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 ecodesgin requirements or for second- hand products that were placed or made available on the market before the entry into force of this Regulation or of the relevant Delegated Act. 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).

2022/12/06
Committee: IMCO

David CORMAND, Marcel KOLAJA

Proposal for a regulation
Article 2 – paragraph 1 – point 46 a (new)

(46 a) 'second-hand economic operator' means any economic operator who makes available on the market second-hand products or components, whether prepared for re-use, checked, cleaned, repaired, refurbished or without any action performed on the product in question;

2022/12/06
Committee: IMCO

David CORMAND, Marcel KOLAJA

Proposal for a regulation
Article 4 – paragraph 1

The Commission is empowered to adopt delegated acts in accordance with Article 66 to supplement this Regulation by establishing ecodesign requirements for, or in relation to, products to improve their environmental sustainability. Those requirements shall include the elements listed in Annex VI and shall be established in accordance with Articles 5, 6 and 7 and Chapter III. The empowerment to adopt ecodesign requirements includes the power to establish that no performance requirements, no information requirements or neither performance nor information requirements are necessary for certain specified product parameters referred to in Annex I, as well as specify rules applicable to second-hand products that were placed or made available on the market before the entry into force of this Regulation or of the relevant delegated act. Where relevant, delegated acts shall specify rules applying to second-hand economic operators with regard to their obligations, especially with regard to product's compliance with performance and information requirements.

2022/12/06
Committee: IMCO

David CORMAND, Marcel KOLAJA

Proposal for a regulation
Article 4 – paragraph 3 – point c a (new)

(c a) requiring products placed on the market to be able to replace the operating system without artificial restrictions, limitations or obstacles by services and users with an operating system of a third- party, including free and open-source software

2022/12/06
Committee: IMCO

David CORMAND, Marcel KOLAJA

Proposal for a regulation
Article 5 a (new)

Article 5 a Specific ecodesign requirements on durability and reparability of products 1. Pursuant to Article 5(1), first subparagraph, with regard to ecodesign requirements for durability of products falling under the scope of this Regulation, the following practices aimed at shortening a product’s lifespan by downgrading or limiting its functionality shall be prohibited : (a) Downgrading or limiting the reparability or functionality of a product when using consumables, spare parts or accessories that are not provided by the original manufacturer; (b) Downgrading or limiting the reparability or functionality of a product by requiring consumables, spare parts or related services to go through the use of a software during the repair; (c) Downgrading or limiting the functionality of the relevant product through the design of specific feature; (d) Providing software updates, including security updates that will downgrade or limit the functionality of the products ; (e) Not decoupling the provision of security and functionality updates; (f) Limiting reusability and upgradability by technical or legal measurements and actions that aim at preventing or unnecessarily impede services and users from installing third-party operating systems, including free and open source software. 2. Pursuant to Article 5(1), with regard to ecodesign requirements for reparability of products falling under the scope of this Regulation, restricting the reparability, including by impeding the disassembly of its key components or parts or by the of softwares, or allowing access to repair and maintenance information and spare parts exclusively to authorized repairers or authorized refurbishers shall be prohibited 3. In order to comply with the general requirements referred to in Paragraph 1 and 2 of this Article, manufacturers and importers shall fulfil the following obligations: (a) Make spare parts available to professional repairers, refurbishers and end-users for a minimum period of time after the last unit has been placed on the market. This minimum period shall be further defined in the delegated acts adopted pursuant to Article 4; (b) Provide access to repair and maintenance information, including access to diagnostic tool, to professional repairer, refurbishers and end-users; (c) Provide information on the availability and price of spare parts to relevant economic operators, including professional repairers, refurbishers and end-users; (d) For products with digital elements, provide software updates, including security updates, for the period of time that corresponds to consumers' expectations in accordance with Article 7 of Directive2019/771. Security and functionality updates shall be provided separately. This minimum period shall be further defined in the delegated acts adopted pursuant to Article 4. (e) For products with digital elements, the user shall have the option to de-install a functionality update and to re-install the version running on the device prior to the update, unless the device performance remains at least the same when performing the same functions after the update; (f) For products with digital elements, ensure, where applicable, that the core functionality of a connected product can bede-connected to enable performance without software updates of internet connection, when such functionality does not depend on an internet connection; (g) ensure that the user has the option to securely delete data from any data storage device.

2022/12/06
Committee: IMCO

David CORMAND, Marcel KOLAJA

Proposal for a regulation
Article 7 – paragraph 2 – point b – paragraph 1 – point ii a (new)

(ii a) information for consumers and other end-users on how to install third- party operating systems, including free and open-source software, in order to facilitate reusability, upgradability and reparability of electronical devices as required in Article 5(1);

2022/12/06
Committee: IMCO

David CORMAND, Marcel KOLAJA

Proposal for a regulation
Article 21 – paragraph 7 a (new)

7 a. Manufacturers shall ensure, 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 install, develop and maintain third-party operating systems, including free and open-source software, 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).

2022/12/06
Committee: IMCO

David CORMAND, Marcel KOLAJA

Proposal for a regulation
Article 24 a (new)

Article 24 a Obligations of second-hand economic operators 1. When making available a second-hand product covered by a delegated act adopted pursuant to Article 4,second economic operators shall act with due care with regard to the specific requirements of the product set out in that act. Before making available a product on the market, they shall verify the following: a) The second-hand product is labelled or linked to a digital product passport in accordance with requirements set under Article 4. b) The second-hand product is accompanied by the required documents and instructions stored in the Digital Product Passport, provided that they are granted access to them, 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. 2. Second-hand economic operators shall ensure that storage or transport conditions do not jeopardise its compliance with requirements set out in the delegated act adopted pursuant to Article 4. 3. Where second-hand economic operators replace a component of a second-hand product in view of making it available on the market, they shall ensure that the component comply with theecodesign requirements under this Regulation. 4. For cases where the second-hand economic operator has reasons to believe that the product, or a component introduced in the product before making it available on the market, is not inconformity with the ecodesign requirements as set under the delegated act adopted pursuant to Article 4 of this Regulation, it shall inform the competent authority of it and take corrective measures to bring the product in question into conformity, including withdrawal or recall. 5. Further to a reasoned request by a competent national authority, second- hand economic operators shall submit all information and required documents to demonstrate that they comply with the obligations under this Article.

2022/12/06
Committee: IMCO

8 Amendments of Marcel KOLAJA related to 2022/0095(COD)

ParlTrack - 2011-2024