42 Amendments of Luisa REGIMENTI related to 2022/0095(COD)
Amendment 159 #
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. This Regulation also should not result in the duplication or replacement of restrictions of substances covered by other legislations, including 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 180 #
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 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 tacklInformation requirements should only require actors to deliver data once. __________________ 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 259 #
Proposal for a regulation
Recital 105 a (new)
Recital 105 a (new)
(105a) Business Models, such as Product- as-a-Service, have a high potential of circularity. Instead, the ownership remains with the business and the need to buy new products is a business cost. Policy and economic incentives are necessary to scale up these business models. Therefore, when establishing ecodesign requirements related to the product aspects listed in Article 5, the European Commission shall consider the potential of a product to be placed on the EU market under Product-as-a-Service business models.
Amendment 272 #
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 274 #
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 294 #
Proposal for a regulation
Article 1 – paragraph 2 – point g a (new)
Article 1 – paragraph 2 – point g a (new)
(ga) energy carriers according to Directive (UE) 2018/2001 and Directive 2009/30/EC.
Amendment 334 #
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 and relevant Product Environmental Footprint Category Rules (PEFCRs), or other scientifically validated standards ensuring accuracy and reliability according to the future Green Claims framework legislation;
Amendment 350 #
Proposal for a regulation
Article 2 – paragraph 1 – point 28 – introductory part
Article 2 – paragraph 1 – point 28 – introductory part
(28) ‘substance of concern’ means a substance that is both present in the product as placed on the market and in practice impedes the re-use and recycling of materials in that product. A substance can be of concern only if it:
Amendment 361 #
Proposal for a regulation
Article 2 – paragraph 1 – point 28 – point b – indent 6
Article 2 – paragraph 1 – point 28 – point b – indent 6
— chronic hazard to the aquatic environment categories 1 to 42,
Amendment 362 #
Proposal for a regulation
Article 2 – paragraph 1 – point 28 – point b – indent 8
Article 2 – paragraph 1 – point 28 – point b – indent 8
— specific target organ toxicity – repeated exposure categories 1 and 2, and
Amendment 364 #
Proposal for a regulation
Article 2 – paragraph 1 – point 28 – point b – indent 9
Article 2 – paragraph 1 – point 28 – point b – indent 9
Amendment 381 #
Proposal for a regulation
Article 2 – paragraph 1 – point 28 – point c
Article 2 – paragraph 1 – point 28 – point c
(c) negatively affectsthe evaluation on an ongoing basis of the state-of-the-art recycling techniques and waste collection systems, has confirmed that the substance continues to impede the re-use and recycling of materials in the product in which it is present;
Amendment 511 #
Proposal for a regulation
Article 5 – paragraph 1 – point g
Article 5 – paragraph 1 – point g
(g) presence of substances of concern which negatively affect product’s sustainability;
Amendment 521 #
Proposal for a regulation
Article 5 – paragraph 1 – point j
Article 5 – paragraph 1 – point j
(j) recycled content and recyclability;
Amendment 523 #
Proposal for a regulation
Article 5 – paragraph 1 – point j a (new)
Article 5 – paragraph 1 – point j a (new)
(ja) renewability of raw material content;
Amendment 569 #
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 assure the avoidance of double regulation or over-regulation;
Amendment 580 #
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) appropriate consultations, including at expert level.
Amendment 589 #
Proposal for a regulation
Article 5 – paragraph 4 – point c
Article 5 – paragraph 4 – point c
(c) take into consideration relevant technical information used as a basis for or derived from Union legislation or instruments, including Regulation (EC) No 66/2010, Directive 2010/75/EU, technical screening criteria adopted pursuant to Regulation (EU) 2020/852 and green public procurement criteria;
Amendment 637 #
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
3. Performance requirements based on the product parameter set out in Annex I, point (f), shall not restrict the presence of substances in products for reasons relating primarily to chemical safety. When the reason relates to chemical safety, the Commission shall initiate, where appropriate, the procedures referred to in Regulation (EC) No 1907/2006.
Amendment 661 #
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
3. Information requirements based on the product parameter set out in Annex I, point (f), shall not provide obligations on the labelling of substances or mixtures for reasons relating primarily to their hazards to health or the environment. When the reason relates to chemical safety, the Commission shall initiate, where appropriate, the procedures referred to in Regulation (EC) No 1907/2006.
Amendment 664 #
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 throughout the life cycle of products the tracking of allrelevant substances of concern throughout the life cycle of products, unless such tracking is already enabled by anotherremaining in the product as placed in the market and negatively impacting its sustainability, according to a threshold-based approach equal to or higher than those already set out in the relevant reference legislation on chemicals and products and covered by delegated acts adopted pursuant to Article 4 covering the products concerned, and shall include at least the following:
Amendment 686 #
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 691 #
Proposal for a regulation
Article 7 – paragraph 5 – subparagraph 1 – point d
Article 7 – paragraph 5 – subparagraph 1 – point d
Amendment 698 #
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 horizontal criteria developed in dialogue with stakeholders;
Amendment 703 #
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 step-by-step process, referred to in the first subparagraph, with possible differentiation between substances; and. Substances of concern should be selected and reported based on science- based evidence, technical feasibility, direct relevance to circularity for the specific product group, and the need to protect confidential business information and in other duly justified cases. Substances of concern falling under the definition in Article 2(28), point (a), shall not be exempted from the information requirement referred to in the first subparagraph if they are present in the relevant products, or spare parts in a concentration above 0,1% weight by weight.
Amendment 707 #
Proposal for a regulation
Article 7 – paragraph 5 – subparagraph 2 – point c
Article 7 – paragraph 5 – subparagraph 2 – point c
Amendment 780 #
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 789 #
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; andensure 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 790 #
Proposal for a regulation
Article 8 – paragraph 3 – point c
Article 8 – paragraph 3 – point c
(c) improve traceability of products along the value chain.facilitate the verification of product compliance by competent national authorities; and
Amendment 793 #
Proposal for a regulation
Article 8 – paragraph 3 – point c a (new)
Article 8 – paragraph 3 – point c a (new)
(ca) 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 shared in a secure way.
Amendment 828 #
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) The system shall ensure the protection of value chain operators’ confidential information.
Amendment 833 #
Proposal for a regulation
Article 9 – paragraph 3
Article 9 – paragraph 3
3. The economic operator placing the product on the market shall provide dealers with a digital copy ofproduct identifier, related to the data carrier to allow the dealer to make it accessible to customers the relevant information of the DPP where they cannot physically access the product. The economic operator shall provide that digital copyidentifier free of charge and within 5 working days of the dealer’s request.
Amendment 851 #
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 proprietary;
Amendment 900 #
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 industrya broad representation of industry across their value chains (especially those that are in the scope of the working plan mentioned in Art. 16-2), including SMEs and, craft 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. To that end, the Commission shall establish an expert group, in which those parties shall meet, referred to as the ‘Ecodesign Forum’. The Forum shall advise the Commission on the delegated acts referred to in Article 4. The Forum shall carry out its tasks in accordance with the principle of transparency. The Commission shall publish the minutes of the meetings of the Forum and other relevant documents on the Commission website.
Amendment 959 #
Proposal for a regulation
Article 20 – paragraph 1 – subparagraph 1 – introductory part
Article 20 – paragraph 1 – subparagraph 1 – introductory part
An economic operator that discards unsold consumer products directly, or on behalf of another economic operator, shall disclosemake available, upon request of competent national authorities and the European Commission, the following information:
Amendment 965 #
Proposal for a regulation
Article 20 – paragraph 1 – subparagraph 1 – point a
Article 20 – paragraph 1 – subparagraph 1 – point a
(a) the numberamount in weight (tons) of unsold consumer products discarded per year, differentiated per type or category of products;
Amendment 973 #
Proposal for a regulation
Article 20 – paragraph 1 – subparagraph 1 – point b
Article 20 – paragraph 1 – subparagraph 1 – point b
(b) the reasons for the discarding of products;, including but not limited to whether products are discarded due to:
Amendment 974 #
Proposal for a regulation
Article 20 – paragraph 1 – subparagraph 1 – point b a (new)
Article 20 – paragraph 1 – subparagraph 1 – point b a (new)
(ba) health and safety concerns, including of counterfeit goods;
Amendment 975 #
Proposal for a regulation
Article 20 – paragraph 1 – subparagraph 1 – point b b (new)
Article 20 – paragraph 1 – subparagraph 1 – point b b (new)
(bb) damage to products as a result of their handling or detected after a product has been returned by a consumer;
Amendment 976 #
Proposal for a regulation
Article 20 – paragraph 1 – subparagraph 1 – point b c (new)
Article 20 – paragraph 1 – subparagraph 1 – point b c (new)
(bc) fitness of the product for the purpose for which it is intended, taking into account, where applicable, Union and national law and technical standards;
Amendment 977 #
Proposal for a regulation
Article 20 – paragraph 1 – subparagraph 1 – point b d (new)
Article 20 – paragraph 1 – subparagraph 1 – point b d (new)
(bd) refusal of products for donation, preparing for re-use or remanufacturing;
Amendment 986 #
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 available,provide the competent national authority with that information until a delegated act adopted pursuant to paragraph 3 starts applying to the category of unsold consumer products discarded by the operator in question.