Activities of Adam BIELAN 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 (78)
Amendment 163 #
Proposal for a regulation
Article 1 – paragraph 2 – point g a (new)
Article 1 – paragraph 2 – point g a (new)
(g a) works of art, collectors’ items and antiques;
Amendment 166 #
Proposal for a regulation
Article 2 – paragraph 1 – point 16
Article 2 – paragraph 1 – point 16
(16) ‘remanufacturing’ means an industrial process in which a product is produced or modified from objects that are waste, products or components and in which at least one change is made to the product that affects the safety, performance, purpose or type of the product typically placed on the market with a commercial guarantee and requiring a new conformity assessment of the emerging product to ensure compliance with applicable legal requirements;
Amendment 167 #
Proposal for a regulation
Article 2 – paragraph 1 – point 17
Article 2 – paragraph 1 – point 17
(17) ‘upgrading’ means substantial enhancing of the functionality, performance, capacity or aesthetics of a product;
Amendment 173 #
Proposal for a regulation
Article 2 – paragraph 1 – point 18
Article 2 – paragraph 1 – point 18
(18) ‘refurbishment’ means preparing or modifying an object that is waste or a product to restore its performance orand functionality within the intended use, range of performance and maintenance originally conceived at the design stage, and to maintain the compliance or to meet applicable technical standards or regulatory requirements applicable at the time of placing on the market, with the result of making a fully functional product;
Amendment 175 #
Proposal for a regulation
Article 2 – paragraph 1 – point 20
Article 2 – paragraph 1 – point 20
(20) ‘repair’ means returnbringing a defective product or waste to a condition where it fulfils its intended use;
Amendment 185 #
Proposal for a regulation
Article 2 – paragraph 1 – point 52
Article 2 – paragraph 1 – point 52
(52) ‘conformity assessment’ means the process demonstrating whether the requirements set out in the relevant delegated acts adopted pursuant to Article 4 have been fulfilledconformity assessment as defined in Article 2(12) of Regulation (EC) No 765/2008;
Amendment 186 #
Proposal for a regulation
Article 2 – paragraph 1 – point 53
Article 2 – paragraph 1 – point 53
(53) ‘conformity assessment body’ means a body that performs conformity assessment activities including calibration, testing, certification and inspections defined in Article 2(13) of Regulation (EC) No 765/2008;
Amendment 187 #
Proposal for a regulation
Article 2 – paragraph 1 – point 55
Article 2 – paragraph 1 – point 55
(55) ‘provider of an online marketplace’ means a provider of an intermediary service using software, including a website, part of a website or an application, that allows customers to conclude distance contracts with economic operators for the sale of products covered by delegated acts adopted pursuant to Article 4online marketplace as defined in [Article 3(14) of Regulation (EU) 2021/0170 on General Product Safety];
Amendment 190 #
Proposal for a regulation
Article 2 – paragraph 1 – point 58
Article 2 – paragraph 1 – point 58
Amendment 191 #
Proposal for a regulation
Article 2 – paragraph 1 – point 59
Article 2 – paragraph 1 – point 59
Amendment 198 #
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’ in Article 3, points (3), (4), (11), (15), (16), (21), (22), (23), (24) and (25), of Regulation (EU) 2019/1020 and definitions of 'risk' and 'serious risk' in Article 3, points (4) and (5), of [of Regulation (EU) 2021/0170 on General Product Safety] shall also apply.
Amendment 200 #
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 reasonon grounds 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 205 #
Proposal for a regulation
Article 3 – paragraph 4
Article 3 – paragraph 4
Amendment 208 #
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
The Commission is empowered to adopt delegatedimplementing acts in accordance with Article 667 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. (This amendment applies throughout the text in the context of Article 4 and related parts.)
Amendment 211 #
Proposal for a regulation
Article 4 – paragraph 3 – point a
Article 4 – paragraph 3 – point a
Amendment 213 #
Proposal for a regulation
Article 4 – paragraph 3 – point b
Article 4 – paragraph 3 – point b
(b) requiring within their capacity, manufacturers, their authorised representatives or importers to make available to the Commission information on the estimated quantities of a product covered by those delegated acts placed on the market or put into service, in accordance with Article 31(1);
Amendment 215 #
Proposal for a regulation
Article 4 – paragraph 3 – point d
Article 4 – paragraph 3 – point d
(d) subject to trade secrets and 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 217 #
Proposal for a regulation
Article 4 – paragraph 3 – point e
Article 4 – paragraph 3 – point e
(e) requiring the use of online tools to calculate the performance of a product in relation to a product parameter referred to in Annex I, in accordance with Article 32(2);
Amendment 218 #
Proposal for a regulation
Article 4 – paragraph 3 – point f
Article 4 – paragraph 3 – point f
Amendment 223 #
Proposal for a regulation
Article 4 – paragraph 3 – point h a (new)
Article 4 – paragraph 3 – point h a (new)
(h a) specifying requirements applicable to second-hand, refurbished or repaired products offered to consumers on the Union market;
Amendment 225 #
1. The Commission shall, as appropriate to the relevant product groups and with due consideration for all stages of their life cycle, technical and economic feasibility as well as unique tradeoffs between their characteristics, establish ecodesign requirements to improve the following product aspects:
Amendment 229 #
Proposal for a regulation
Article 5 – paragraph 1 – point b
Article 5 – paragraph 1 – point b
Amendment 230 #
Proposal for a regulation
Article 5 – paragraph 1 – point f
Article 5 – paragraph 1 – point f
(f) possibility of maintenance and refurbishment;
Amendment 236 #
Proposal for a regulation
Article 5 – paragraph 2 – subparagraph 1
Article 5 – paragraph 2 – subparagraph 1
Ecodesign requirements shall be established for a specific product type or where possible product group.
Amendment 237 #
Proposal for a regulation
Article 5 – paragraph 2 – subparagraph 2
Article 5 – paragraph 2 – subparagraph 2
However, where two or more product types or groups 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 244 #
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) Commission Communication COM(2021) 219 and the "Better Regulation" guidelines and toolbox;
Amendment 254 #
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 for the low income categories, also taking into account access to second-hand products, durability and the life cycle cost of products;
Amendment 261 #
Proposal for a regulation
Article 5 – paragraph 8
Article 5 – paragraph 8
8. The Commission shall publish relevant, immediately upon completion and without undue delay, all relevant impact assessments, studies and analyses used in the establishment of ecodesign requirements in accordance with this Regulation.
Amendment 270 #
Proposal for a regulation
Article 7 – paragraph 2 a (new)
Article 7 – paragraph 2 a (new)
2 a. The information requirements referred to in paragraph 1 shall not apply to products manufactured prior to the application of this Regulation.
Amendment 283 #
Proposal for a regulation
Article 8 – paragraph 2 – point -a (new)
Article 8 – paragraph 2 – point -a (new)
(-a) shall be deemed to substantially contribute to environmental sustainability of products and enhance the principle free movement in the internal market;
Amendment 298 #
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 related to environmental sustainability relevant to them;
Amendment 315 #
Proposal for a regulation
Article 8 – paragraph 4 – point b a (new)
Article 8 – paragraph 4 – point b a (new)
(b a) the product has been manufactured prior to the application of this Regulation;
Amendment 317 #
Proposal for a regulation
Article 8 – paragraph 4 a (new)
Article 8 – paragraph 4 a (new)
4 a. Economic operators responsible for compliance with the information requirements referred to in Article 7 of this Regulation shall not be held liable for inaccurate information provided by producers or suppliers of articles, substances or mixtures;
Amendment 340 #
Proposal for a regulation
Article 20 – paragraph 3
Article 20 – paragraph 3
Amendment 355 #
Proposal for a regulation
Article 21 – paragraph 3
Article 21 – paragraph 3
3. Manufacturers shall keep the technical documentation and the EU declaration of conformity for 106 years after the product has been placed on the market or put into service. Delegated acts adopted pursuant to Article 4 may specify a period longer or shorter than 10 years in order to take account of the nature of the products or requirements concerned.
Amendment 356 #
Proposal for a regulation
Article 21 – paragraph 4
Article 21 – paragraph 4
4. Manufacturers shall ensure that procedures are in place for series production to remain in conformity with the applicable requirements. Changes in the production process, product design or in characteristics, as well as changes in harmonised standards, common specifications or other technical specifications by reference to which product conformity is declared or by application of which its conformity is verified, shall be adequately taken into account by manufacturers and, in case they found that the product’s conformity is negatively affected, manufacturers shall carry out a re- assessment in accordance with the conformity assessment procedure specified in the delegated acts adopted pursuant to Article 4, or have it carried out on their behalf..
Amendment 357 #
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 productand technical documentation as required in the Regulation on [General Product Safety]and 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).
Amendment 363 #
Proposal for a regulation
Article 21 – paragraph 8 – subparagraph 1
Article 21 – paragraph 8 – subparagraph 1
Manufacturers who consider or have reason to believe that a product covered by a delegated act adopted pursuant to Article 4 that they have been placed on the market or put into service is not in conformity with the requirements set out in those delegated acts shall immediately taketake, without undue delay, the necessary corrective measures to bring that product into conformity, to withdraw it or recall it, if appropriate.
Amendment 364 #
Proposal for a regulation
Article 21 – paragraph 8 – subparagraph 2
Article 21 – paragraph 8 – subparagraph 2
Manufacturer shall immediately inform the market surveillance authorities of the Member States in which they made the product available of the suspected non- compliance and of any corrective measures taken without undue delay.
Amendment 366 #
Proposal for a regulation
Article 21 – paragraph 9 – subparagraph 1
Article 21 – paragraph 9 – subparagraph 1
Manufacturers shall, further to a reasoned request from a competent national authority, provide all the information and documentation necessary to demonstrate the conformity of the product, including the technical documentation in a language that can be easily understood by that authority. That information and documentation shall be provided in either paper or electronic form. The relevant documents shall be made available within 10 days ofas soon as possible, after the receipt of a request by a competent national authority.
Amendment 367 #
Proposal for a regulation
Article 22 – paragraph 1 – subparagraph 1
Article 22 – paragraph 1 – subparagraph 1
Amendment 368 #
Proposal for a regulation
Article 22 – paragraph 2 – point d
Article 22 – paragraph 2 – point d
(d) further to a request from a competent national authority, make available relevant documents within 10 days of the receipt of such a request as soon as possible relevant documents;
Amendment 369 #
Proposal for a regulation
Article 23 – paragraph 1
Article 23 – paragraph 1
Amendment 371 #
Proposal for a regulation
Article 23 – paragraph 4
Article 23 – paragraph 4
4. Importers shall ensure that the product is accompanied by instructions that enable the consumer to 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 shall include at least the information specified in the delegated acts adopted pursuant to Article 4.
Amendment 372 #
Proposal for a regulation
Article 23 – paragraph 6 – subparagraph 1
Article 23 – paragraph 6 – subparagraph 1
Importers who consider or have reason to believe that a product covered by a delegated act adopted pursuant to Article 4, which they have placed on the market or put into service, is not in conformity with the requirements set out in that act shall immediatelyact without undue delay and take the corrective measures necessary to bring that product into conformity, to withdraw it or recall it, if appropriate.
Amendment 373 #
Proposal for a regulation
Article 23 – paragraph 6 – subparagraph 2
Article 23 – paragraph 6 – subparagraph 2
Importers shall immediately informnform as soon as possible the market surveillance authorities of the Member States in which they made the product available of the suspected non- compliance and of any corrective measures taken.
Amendment 374 #
Proposal for a regulation
Article 23 – paragraph 7
Article 23 – paragraph 7
7. Importers shall, for 106 years or the period specified by a delegated act adopted pursuant to Article 4, keep a copy of the EU declaration of conformity at the disposal of the market surveillance authorities and ensure that the technical documentation can be made available to those authorities, upon request.
Amendment 376 #
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;
Amendment 379 #
Proposal for a regulation
Article 24 – paragraph 4 – subparagraph 1
Article 24 – paragraph 4 – subparagraph 1
Distributors who consider or have reason to believe that a product which they have made available on the market is not in conformity with the requirements set out in a delegated act adopted pursuant to Article 4 shall make sure that the corrective measures necessary to bring that product into conformity, to withdraw it or recall it, if appropriate, are taken.
Amendment 382 #
Proposal for a regulation
Article 25
Article 25
Amendment 386 #
Proposal for a regulation
Article 26 – paragraph 1
Article 26 – paragraph 1
1. Where a delegated act adopted pursuant to Article 4 requires products to have a label as referred to in Article 14, the economic operator placing the product on the market or putting it into service shall ensure that products are accompanied, for each individual unit and free of charge, by printed or machine readable labels in accordance with that delegated act.
Amendment 387 #
Proposal for a regulation
Article 26 – paragraph 2
Article 26 – paragraph 2
2. Where a delegated act adopted pursuant to Article 4 requires products to have a label as referred to in Article 14, the economic operator placing the product on the market or putting it into service shall deliver printed labels or digital copies of the label to the dealer free of charge, promptly and in any event within 530 working days of the dealer’s request.
Amendment 392 #
Proposal for a regulation
Article 29 – title
Article 29 – title
Obligations of online marketplaces and online search engines
Amendment 396 #
Proposal for a regulation
Article 29 – paragraph 1 – point d
Article 29 – paragraph 1 – point d
Amendment 397 #
Proposal for a regulation
Article 29 – paragraph 1 – point e
Article 29 – paragraph 1 – point e
Amendment 402 #
Proposal for a regulation
Article 29 – paragraph 1 a (new)
Article 29 – paragraph 1 a (new)
1 a. Without prejudice to Article 29 (1), new obligations shall not be understood as requiring online marketplaces to: a) proactively ensure compliance with all the products sold by third-party sellers on its marketplaces; b) introduce monitoring obligations;
Amendment 403 #
Proposal for a regulation
Article 29 – paragraph 2 – subparagraph 1
Article 29 – paragraph 2 – subparagraph 1
For the purpose of the requirements of [Article 22(7)5] of Regulation (EU) …/… [the Digital Services Act]2022/2065, online marketplaces shall design and organise their online interface in a way that enables dealers to fulfil their obligations set out in Article 25 and allows economic operators to fulfil their obligations under Article 30(1) of this Regulation.
Amendment 404 #
Proposal for a regulation
Article 29 – paragraph 2 – subparagraph 2
Article 29 – paragraph 2 – subparagraph 2
Amendment 407 #
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 mechanism, 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 410 #
Proposal for a regulation
Article 29 – paragraph 3
Article 29 – paragraph 3
3. As far as powers conferred by Member States in accordance with Article 14 of Regulation (EU) 2019/1020 are concerned, Member States shall confer on their market surveillance authorities the power, for all products covered by a relevant delegated act adopted pursuant to Article 4, to order an online marketplace to remove specific illegal content referring to a non-compliant product from its online interface, disable access to it or display an explicit warning to end-users when they access it. Such orders shall comply with [Article 8(1)] of Regulation (EU) …/… [the Digital Services Act]2022/2065.
Amendment 413 #
Proposal for a regulation
Article 29 – paragraph 4
Article 29 – paragraph 4
Amendment 414 #
Proposal for a regulation
Article 29 – paragraph 5 – subparagraph 1
Article 29 – paragraph 5 – subparagraph 1
Online marketplaces shall establish or appoint an existing contact point as a single contact point allowing for direct communication with Member States’ market surveillance authorities in relation to compliance with this Regulation and the delegated acts adopted pursuant to Article 4.
Amendment 416 #
Proposal for a regulation
Article 29 – paragraph 5 – subparagraph 2
Article 29 – paragraph 5 – subparagraph 2
Amendment 421 #
Proposal for a regulation
Article 30 – paragraph 1 – introductory part
Article 30 – paragraph 1 – introductory part
1. Where products are made available on the market online or through other means of distance sales by the relevant economic operators, the relevant product offer shall clearly and visibly provide at least the following information:[Article 20(5)] of Regulation (EU) …/… [the General Product Safety Regulation] shall apply accordingly.
Amendment 422 #
Proposal for a regulation
Article 30 – paragraph 1 – point a
Article 30 – paragraph 1 – point a
Amendment 423 #
Proposal for a regulation
Article 30 – paragraph 1 – point b
Article 30 – paragraph 1 – point b
Amendment 424 #
Proposal for a regulation
Article 30 – paragraph 1 – point c
Article 30 – paragraph 1 – point c
Amendment 425 #
Proposal for a regulation
Article 30 – paragraph 2 – subparagraph 2
Article 30 – paragraph 2 – subparagraph 2
Economic operators shall be able to provide this information for 106 years after they have been supplied with the relevant products and for 106 years after they have supplied such products. When adopting delegated acts pursuant to Article 4, the Commission may specify a period of more or less than 106 years to take account of the nature of the relevant products or requirements.
Amendment 428 #
Proposal for a regulation
Article 30 – paragraph 3 – subparagraph 1 – introductory part
Article 30 – paragraph 3 – subparagraph 1 – introductory part
Amendment 431 #
Proposal for a regulation
Article 31 – paragraph 1 – subparagraph 1 – point a
Article 31 – paragraph 1 – subparagraph 1 – point a
(a) where available, the availability of evidence on the market penetrations of the relevant product in order to facilitate the review of delegated acts adopted pursuant to Article 4 applicable to that product;
Amendment 436 #
Proposal for a regulation
Article 32 – paragraph 2 – subparagraph 1
Article 32 – paragraph 2 – subparagraph 1
Where necessary to ensure compliance with ecodesign requirements set out in delegated acts adopted pursuant to Article 4, third subparagraph, point (e), the Commission may require the use of online tools, based on relevant European or international standards, for the calculation of the performance of products in relation to the relevant product parameter referred to in Annex I reflecting the applicable calculation requirements.
Amendment 439 #
Proposal for a regulation
Article 33 – paragraph 4 – subparagraph 1
Article 33 – paragraph 4 – subparagraph 1
Amendment 442 #
Proposal for a regulation
Article 35
Article 35
Amendment 446 #
Proposal for a regulation
Article 39 – paragraph 3
Article 39 – paragraph 3
Amendment 447 #
Proposal for a regulation
Article 39 – paragraph 4
Article 39 – paragraph 4
4. The CE marking and, where applicable, the identification number of the notified body may be followed by a pictogram or other marking indicating a special risk or use.
Amendment 456 #
Proposal for a regulation
Article 58 – paragraph 1
Article 58 – paragraph 1
1. Requirements pursuant to Article 4, third subparagraph, point (h) for public contracts awarded by contracting authorities, as defined in Article 2(1) of Directive 2014/24/EU or Article 3(1) of Directive 2014/25/EU, or contracting entities, as defined in Article 4(1) of Directive 2014/25/EU, may take the form of mandatory technical specifications, selection criteria, award criteria, contract performance clauses, or targets, as appropriate.
Amendment 462 #
Proposal for a regulation
Article 58 – paragraph 2 a (new)
Article 58 – paragraph 2 a (new)
2 a. Public procurements related to national security or for which other union laws foresees exclusions, shall be exempted from the provisions of this Article.
Amendment 471 #
Proposal for a regulation
Article 69 – paragraph 1
Article 69 – paragraph 1
No sooner than [8 years after the date of application of this Regulation], 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 the impact on the products cost and affordability, a competitiveness of the European producers and businesses in general. The Commission shall present a report on the main findings, including specific, detailed data substantiating these findings to the European Parliament, the Council, the European Economic and Social Committee, and the Committee of the Regions. Member States shall provide the Commission with the information necessary for the preparation of that report.