2022/0095(COD) | [ParlTrack]

Proposal for a regulation
Article 5 – paragraph 5 – point f a (new)

(f a) the requirements shall effectively contribute to the Union’s climate and environmental objectives and targets;

Amendment 101 #

Ivars IJABS, Nils TORVALDS, Andrus ANSIP, Klemen GROŠELJ, Nicola DANTI

Proposal for a regulation
Article 5 – paragraph 5 – point f a (new)

(f a) there shall be evidence that the requirements will deliver the intended environmental benefits;

Amendment 102 #

Proposal for a regulation
Article 5 – paragraph 5 – point f b (new)

(f b) challenges associated with expertise necessary to ensure an appropriate implementation of certification on a huge scale shall be taken into account;

Amendment 103 #

Ivars IJABS, Nils TORVALDS, Andrus ANSIP, Klemen GROŠELJ, Nicola DANTI

Proposal for a regulation
Article 5 – paragraph 5 – point f b (new)

(f b) they shall be technically feasible in accordance with commercially available technologies.

Amendment 104 #

Proposal for a regulation
Article 5 – paragraph 6

6. The Commission shall, where appropriate, require supply chain actors to: (a) provide, upon request, manufacturers, notified bodies and competent national authorities with available information related to their supplies or services that is relevant in order to verify compliance with ecodesign requirements; (b) allow, in the absence of information referred to in point (a), manufacturers to assess their supplies or services in order to verify compliance with ecodesign requirements and give access to relevant documents or facilities to those manufacturers; (c) enable notified bodies and competent national authorities to verify the correctness of information related to their activities and relevant for verifying compliance with ecodesign requirements.deleted

Amendment 105 #

Ivars IJABS, Nils TORVALDS, Andrus ANSIP, Klemen GROŠELJ

Proposal for a regulation
Article 5 – paragraph 6 – introductory part

6. The Commission shall~~, where appropriate,~~ require supply chain actors to:

Amendment 106 #

Proposal for a regulation
Article 5 – paragraph 6 – point a

(a) provide, upon request, manufacturers, notified bodies and competent national authorities with ~~available~~ information available to the supply chain actor according to the Digital Product Passport of the product category in question, according to Art. 8, related to their supplies or services that is relevant in order to verify compliance with ecodesign requirements;

Amendment 107 #

Ivars IJABS, Nils TORVALDS, Andrus ANSIP, Klemen GROŠELJ

Proposal for a regulation
Article 5 – paragraph 6 – point a

(a) provide, upon request, from manufacturers, notified bodies ~~and~~or competent national authorities with available information related to their supplies or services that is relevant in order to verify compliance with ecodesign requirements;

Amendment 108 #

Ivars IJABS, Nils TORVALDS, Andrus ANSIP, Klemen GROŠELJ, Nicola DANTI

Proposal for a regulation
Article 5 – paragraph 6 – point b

(b) allow, in the absence of information referred to in point (a) and in line with intellectual property considerations, manufacturers to assess their supplies or services in order to verify compliance with ecodesign requirements and give access to relevant documents or facilities to those manufacturers;

Amendment 109 #

Proposal for a regulation
Article 5 – paragraph 8

8. The Commission shall publish, in due time before the adoption of delegated acts, relevant studies and analyses used in the establishment of ecodesign requirements in accordance with this Regulation.

Amendment 110 #

Proposal for a regulation
Article 7 – paragraph 2 – point b – paragraph 1 – point i

(i) information on the performance of the product in relation to the product parameters referred to in Annex I;. For product parameters referred to in points (a) and (b) of Annex I, the information shall be displayed in an easy-to- understand manner and clearly visible at the time of purchase, including in case of distance selling, pursuant to requirements under Article 14 of this Regulation.

Amendment 111 #

Proposal for a regulation
Article 7 – paragraph 4 – subparagraph 2

Those classes of performance shall correspond to statistically significant improvements in performance levels and follow logical progression in improvement that are easy to understand for consumers. Specific information on the differences between the performance levels should be easily accessible to consumers, for example through a website clearly displayed or found through a visible data carrier. The purpose of the classes of performance shall be to empower the consumer to make informed and sustainable choices, and to support a consumption trajectory that is compliant with EU legislation and targets when it comes to climate, environment, energy efficiency, resource security, social sustainability and biodiversity.

Amendment 112 #

Proposal for a regulation
Article 7 – paragraph 5 – subparagraph 3

Exemptions referred to in the second subparagraph, point (c), may be provided based on the technical feasibility or relevance of tracking substances of concern, the need to protect confidential business information, trade secrets and in other duly justified cases.

Amendment 113 #

Proposal for a regulation
Article 7 – paragraph 6 – subparagraph 2 – point e

~~(e) in a user manual;~~deleted

Amendment 114 #

Proposal for a regulation
Article 7 – paragraph 6 – subparagraph 2 – point f

~~(f) on a free access website or application.~~deleted

Amendment 115 #

Proposal for a regulation
Article 7 – paragraph 6 – subparagraph 2 a (new)

In appropriate cases, for example in the case of the production of unique items, other ways to pass on the information to the consumer are allowed, provided that they equally ensure that consumers receive the relevant information.

Amendment 116 #

Ivars IJABS, Nils TORVALDS, Andrus ANSIP, Klemen GROŠELJ, Nicola DANTI

Proposal for a regulation
Article 7 – paragraph 6 – subparagraph 3

Priority should be given to providing the information via electronic means. 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 (Digital Product Passport) and, where possible, given on the product.

Amendment 117 #

Proposal for a regulation
Article 7 – paragraph 6 – subparagraph 3 a (new)

In addition to the points mentioned in subparagraph 1, the required information can, as appropriate, be provided using the following manners: (a) in a user manual, (b) on a free access website or application.

Amendment 118 #

Ivars IJABS, Nils TORVALDS, Andrus ANSIP, Klemen GROŠELJ

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

7 a. Any supplier of an article, a substance or a mixture shall provide the recipient of that 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).

Amendment 119 #

Proposal for a regulation
Article 8 – paragraph 3 – point a

(a) ensure that actors along the value chain, in particular consumers, economic operators and competent national authorities, can easily access product information relevant to them;

Amendment 120 #

Proposal for a regulation
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 121 #

Proposal for a regulation
Article 9 – paragraph 1 – subparagraph 1 – point f a (new)

(f a) it shall rely on existing databases including existing industry solutions, where relevant and after having positively assessed the robustness, appropriateness and usefulness of the data with regards to the goals stipulated in this Regulation.

Amendment 122 #

Proposal for a regulation
Article 10 – paragraph 1 – point b

(b) consumers, economic operators and other relevant actors shall have free and easy access to the product passport based on their respective access rights set out in the applicable delegated act adopted pursuant to Article 4;

Amendment 123 #

Erik BERGKVIST, Miapetra KUMPULA-NATRI, Carlos ZORRINHO, Robert HAJŠEL

Proposal for a regulation
Article 10 – paragraph 1 – point d

(d) if the data included in the product passport is stored or otherwise processed by operators authorised to act on their behalf, those operators shall not be allowed to sell, re-use or process such data, in whole or in part, beyond what is necessary for the provision of the relevant storing or processing services, and those operators are liable to ensure sufficient cybersecurity for the data;

Amendment 124 #

Proposal for a regulation
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 information.

Amendment 125 #

Erik BERGKVIST, Miapetra KUMPULA-NATRI, Carlos ZORRINHO, Robert HAJŠEL

Proposal for a regulation
Article 10 – paragraph 1 – point g a (new)

(g a) The product passport shall be a long-lasting part of the product, also in cases when the product is resold one or several times.

Amendment 126 #

Proposal for a regulation
Article 10 – paragraph 1 – point h a (new)

(h a) An appropriate transition period for the implementation of the Digital Product Passport shall apply in order to ensure a proper functioning of the Digital Product Passport;

Amendment 127 #

Ivars IJABS, Nils TORVALDS, Andrus ANSIP, Klemen GROŠELJ

Proposal for a regulation
Article 12 – paragraph 1 – subparagraph 1

The Commission shall set up and maintain a registry storing ~~information included in the product passports required by delegated acts adopted pursuant to~~a list of the data carriers and unique product identifiers referred to in Article 49(1).

Amendment 128 #

Ivars IJABS, Nils TORVALDS, Andrus ANSIP, Klemen GROŠELJ

Proposal for a regulation
Article 12 – paragraph 1 – subparagraph 2

~~The registry referred to in the first subparagraph shall at least include a list of the data carriers and unique product identifiers referred to in Article 9(1).~~deleted

Amendment 129 #

Ivars IJABS, Nils TORVALDS, Andrus ANSIP, Klemen GROŠELJ

Proposal for a regulation
Article 12 – paragraph 2 – introductory part

2. ~~The Commission shall, in the delegated acts adopted pursuant to Article 4, specify the information which, in addition to being included in the product passport, shall~~Information required to be stored in the registry referred to in paragraph 1~~, taking into account at least~~ shall be justified for the following ~~criteria~~reasons:

Amendment 130 #

Proposal for a regulation
Article 12 – paragraph 2 – point c

(c) the need to avoid disproportionate administrative burden for economic operators, for example, by excluding SMEs from the obligation to upload information in the product passport registry.

Amendment 131 #

Proposal for a regulation
Article 12 – paragraph 5 a (new)

5 a. Information in the Digital Product Passport shall be integrated with functioning reporting systems in Member States in order to avoid unnecessary administrative burden on businesses;

Amendment 132 #

Proposal for a regulation
Article 16 – paragraph 1 – introductory part

1. When prioritising products to be covered by ecodesign requirements in accordance with this Regulation, the Commission shall take into account their potential contribution to achieving Union climate, environmental and energy efficiency objectives, their contribution in fostering EU’s economic resilience and competitiveness, as well as the following criteria:

Amendment 133 #

Proposal for a regulation
Article 16 – paragraph 1 – point c

(c) the distribution of the environmental impacts, energy use and waste generation across the value chain and across the entire life cycle of the product, and also, in particular whether they take place within the Union;

Amendment 134 #

Proposal for a regulation
Article 16 – paragraph 1 – point c

(c) ~~the distribution of the~~climate and environmental impacts, energy use and waste generation across the value chain, in ~~particular whether they take place within~~cluding outside the Union;

Amendment 135 #

Proposal for a regulation
Article 16 – paragraph 2 – subparagraph 2

When adopting or updating the working plan referred to in the first subparagraph, the Commission shall take into account the criteria set out in paragraph 1 of this Article and shall consult the Ecodesign Forum referred to in Article 17. and present in due time before the adoption of the working plan a draft to the European Parliament for consultation.

Amendment 136 #

Proposal for a regulation
Article 16 – paragraph 2 – subparagraph 2 a (new)

The first working plan shall be adopted no later than 3 months after the adoption of this regulation. The first delegated acts to be established as according to the first working plan shall include one or more product groups to cover the textile industry.

Amendment 137 #

Erik BERGKVIST, Miapetra KUMPULA-NATRI, Carlos ZORRINHO, Robert HAJŠEL

Proposal for a regulation
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 industry, including SMEs and craft industry, trade unions, traders, retailers, importers, environmental and climate protection groups ~~and consumer organisations~~, environmental and climate experts, consumer organisations and other relevant NGOs. The Ecodesign Forum shall also invite relevant stakeholders from outside the EU within the value chains that lead to the European Market, to share their views and expertise. 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 138 #

Proposal for a regulation
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 a broad representation of industry, including ~~SMEs and craft~~sector organisations and the whole value chain, including SMEs, 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 in a transparent process.

Amendment 139 #

Proposal for a regulation
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~~relevant for and with expertise in the product or product group in question, such as industry across all value chains, including SMEs ~~and~~, 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 140 #

Proposal for a regulation
Article 17 – paragraph 2

To that end, the Commission shall establish an expert group, in which those parties shall meet, referred to as the ‘Ecodesign Forum’. The Commission shall ensure adequate representation in the Ecodesign Forum of the sectors covered by the product groups that are to be regulated in accordance with the working plans according to Art. 16(2) over time. 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 141 #

Erik BERGKVIST, Miapetra KUMPULA-NATRI, Carlos ZORRINHO, Robert HAJŠEL

Proposal for a regulation
Article 17 – paragraph 2

To that end, the Commission shall establish an expert group, in which those parties shall meet, referred to as the ‘Ecodesign Forum’. The expert group shall achieve a balanced representation of the parties above listed, particularly in terms of environmental and climate protection groups and experts and it may not be dominated by industry-attached parties. The balance of the expert group may be adapted for the different topics to be discussed within the Ecodesign Forum. The expert group shall strive for gender balance.

Amendment 142 #

Proposal for a regulation
Article 17 – paragraph 2

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, it 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 143 #

Proposal for a regulation
Article 18 – paragraph 1

1. Twohree or more economic operators may submit a self-regulation measure establishing ecodesign requirements for products to the Commission as an alternative to a delegated act adopted pursuant to Article 4, if the delegated act is not expected to be adopted within a year, or the self-regulation measure is more ambitious. Those operators shall provide evidence that the criteria referred to in paragraph 3, points (a) to (e), are fulfilled. With respect to paragraph 3, point (a), that evidence shall consist of a structured technical, environmental and economic analysis, justifying the ecodesign requirements and objectives of the self- regulation measure, and assessing the impacts of the ecodesign requirements set in that self-regulation measure.

Amendment 144 #

Proposal for a regulation
Article 18 – paragraph 3 – subparagraph 1 – introductory part

The Commission shall assess the proposed self-regulation measure, and~~, where necessary,~~ shall seek scientific advice from Union decentralised agencies, as well as consult the relevant parties of the Ecodesign Forum that did not propose the self-regulation measure, in particular civil society organisations. The Commission shall also consult the Parliament.. 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 145 #

Proposal for a regulation
Article 18 – paragraph 3 – subparagraph 1 – point a

(a) the self-regulation measure contributes to improving the environmental sustainability of products and ensuring the free movement in the internal market quicklyer or ato a ~~lesser expens~~higher degree than a delegated act adopted pursuant to Article 4;

Amendment 146 #

Proposal for a regulation
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 147 #

Proposal for a regulation
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 860 % of units placed on the market or put into service;

Amendment 148 #

Proposal for a regulation
Article 18 – paragraph 4

4. The Commission may at any point in time 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 reason to believe that the criteria set out in paragraph 3 are no longer fulfilled. In a written statement to the signatories, the Commission shall substantiate and justify its request and provide for a reasonable time period for the signatories to react and potentially submit a revised and updated version.

Amendment 149 #

Proposal for a regulation
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, 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 and be presented to the Parliament.

Amendment 150 #

Ivars IJABS, Nils TORVALDS, Andrus ANSIP, Klemen GROŠELJ, Nicola DANTI

Proposal for a regulation
Article 19 – paragraph 1

1. In the context of programmes from which SMEs can benefit, the Commission shall ~~take into account~~offer initiatives which help SMEs to integrate environmental sustainability aspects including energy efficiency in their value chain.

Amendment 151 #

Proposal for a regulation
Article 19 – paragraph 3 – subparagraph 1

Member States, with financial support from the EU, shall take appropriate measures to help SMEs apply ecodesign requirements set out in delegated acts adopted pursuant to Article 4..

Amendment 152 #

Proposal for a regulation
Article 19 – paragraph 3 – subparagraph 3 – point b

(b) access to finance, for example for tender opportunities at EU and national level;

Amendment 153 #

Proposal for a regulation
Article 19 – paragraph 3 – subparagraph 3 – point d a (new)

(d a) implementation of the requirements set out in this Regulation and the Delegated Acts;

Amendment 154 #

Proposal for a regulation
Article 19 – paragraph 3 a (new)

3 a. Underlines the necessity of an in- depth analysis of the impact of measures listed in art. 19 par. 3 on Member States and costs associated with these measures;

Amendment 155 #

Proposal for a regulation
Article 20 – paragraph 1 – subparagraph 1

An economic operator that discards unsold consumer products directly, or on behalf of another economic operator, shall disclose: (a) the number of unsold consumer products discarded per year, differentiated per type or category of products; (b) the reasons for the discarding of products; (c) the delivery of discarded products to preparing for re-use, remanufacturing, recycling, energy recovery and disposal operations in accordance with the waste hierarchy as defined by Article 4 of Directive 2008/98/EC.deleted

Amendment 156 #

Proposal for a regulation
Article 20 – paragraph 1 – subparagraph 2

~~The economic operator shall disclose that information on a freely accessible website or otherwise make it publicly available, until a~~ delegated ~~act adopted pursuant to paragraph 3 starts applying to the category of unsold consumer products discarded by the operator in question.~~

Amendment 157 #

Proposal for a regulation
Article 20 – paragraph 3

~~3. The Commission shall be empowered to adopt~~ delegated acts in accordance with Article 66 to supplement this Regulation by prohibiting economic operators to destroy unsold consumer products in the Union, where the destruction of unsold consumer products falling within a certain product group has significant environmental impact. In the delegated acts adopted pursuant to the first subparagraph, the Commission shall set out certain exemptions to those prohibitions where it is appropriate in view of: (a) health and safety concerns; (b) damage to products as a result of their handling or detected after a product has been returned by a consumer; (c) fitness of the product for the purpose for which it is intended, taking into account, where applicable, Union and national law and technical standards; (d) refusal of products for donation, preparing for re-use or remanufacturing.

Amendment 158 #

Erik BERGKVIST, Miapetra KUMPULA-NATRI, Carlos ZORRINHO, Robert HAJŠEL

Proposal for a regulation
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 labels in accordance with that delegated act. For the verification of these requirements, random samples are sufficient.

Amendment 159 #

Proposal for a regulation
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 labels or digital labels in accordance with that delegated act.

Amendment 160 #

Proposal for a regulation
Article 31 – paragraph 1

1. When requiring manufacturers, their authorised representatives or importers to make available to the Commission, information on the quantities of a product covered by delegated acts adopted pursuant to Article 4, third subparagraph, point (b), the Commission shall take into account the following criteria: (a) 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; (b) the need to avoid disproportionate administrative burden for economic operators. The Commission shall specify the period of time to which the information referred to in the first subparagraph shall relate. That information shall be differentiated per product model. The Commission shall ensure that the resulting data is processed securely and in compliance with Union law. The Commission shall specify in those delegated acts the means through which the relevant information shall be made available and its periodicity.deleted

Amendment 161 #

Proposal for a regulation
Article 31 – paragraph 2

2. When requiring a product to be able to measure the energy it consumes or its performance in relation to other relevant product parameters referred to in Annex I while in use, pursuant to Article 4, third subparagraph, point (c), the Commission shall take into account the following criteria: (a) the usefulness of in-use data for end- users to understand and manage the energy use or performance of the product; (b) the technical feasibility of recording in-use data; (c) the need to avoid disproportionate administrative burden for economic operators. Products covered by a requirement set pursuant to Article 4, third subparagraph, point (c), shall record the resulting in-use data and make it visible to the end-user.deleted

Amendment 162 #

Proposal for a regulation
Article 31 – paragraph 2 – subparagraph 1 – introductory part

When requiring a product to be able to measure the energy it consumes, the type of energy it consumes during production, including in terms of greenhouse gas intensity, or its performance in relation to other relevant product parameters referred to in Annex I while in use, pursuant to Article 4, third subparagraph, point (c), the Commission shall take into account the following criteria:

Amendment 163 #

Proposal for a regulation
Article 31 – paragraph 3 – subparagraph 1 – point b

(b) the need to avoid disproportionate administrative burden for economic operators and the need to protect the privacy of data.

Amendment 164 #

Proposal for a regulation
Article 31 – paragraph 3 – subparagraph 2 – point a

(a) collecting the in-use data if it can be accessed remotely via the internet, uonl~~ess~~y if the end-user has expressly ~~refuses~~allowed to make that data available;

Amendment 165 #

Proposal for a regulation
Article 31 – paragraph 4 a (new)

4 a. The Commission shall, for every delegated act every 2 years after implementation, analyse the data points collected with view of assessing the impact of the regulation against its stated goals.

Amendment 166 #

Markus PIEPER, Jens GIESEKE

Proposal for a regulation
Article 58 – paragraph 1

Amendment 167 #

Proposal for a regulation
Article 69 – paragraph 1

No ~~soon~~later than [81 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. This review shall examine, in particular, the impact of this directive, disproportional multiplication effects, its added value for the economy, as well as the associated direct and indirect costs thereof, especially for SMEs 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. Member States shall provide the Commission with the information necessary for the preparation of that report.

Amendment 168 #

Markus PIEPER, Jens GIESEKE

Proposal for a regulation
Article 69 – paragraph 1 – subparagraph 1 (new)

After a successful review, it has to be confirmed by an opinion of the European Parliament, the Council and the Regulatory Scrutiny Board of the European Commission;

Amendment 169 #

Proposal for a regulation
Annex I – paragraph 1 – introductory part

The following parameters ~~may~~shall, as appropriate, and where necessary supplemented by others, be used as a basis for improving the product aspects referred to in Article 5(1):

Amendment 170 #

Proposal for a regulation
Annex I – paragraph 1 – point n

(n) microplastic release; , including in its nano form;

Amendment 171 #

Proposal for a regulation
Annex VII – paragraph 1

The following non-exhaustive list of indicative criteria ~~may~~shall be used to assess self-regulation measures as an alternative to a delegated act adopted pursuant to Article 4 of this Regulation:

Amendment 172 #

Proposal for a regulation
Annex VII – paragraph 3

Self-regulation measures must respond to the policy objectives of this Regulation and must be consistent with the economic and social dimensions of sustainable development. Self-regulation measures must have an integrated approach to the protection of the interests of consumers, health, quality of life and economic interests. If they are not to be implemented before a delegated act, they must show a demonstrated higher ambition than the corresponding delegated act.

Amendment 173 #

Markus PIEPER, Jens GIESEKE

Proposal for a regulation
Annex VII – paragraph 7

Stakeholders including Member States, industry, environmental NGOs and consumers’ associations must be invited to comment on a self-regulation measure, including stakeholders of the value chain based outside the EU.

Amendment 30 #

Proposal for a regulation
–

The European Parliament rejects the Commission proposal.

Amendment 31 #

Proposal for a regulation
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 based on toxic-free material cycles. 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 clean 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. _________________ 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 32 #

Proposal for a regulation
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. 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 safe 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 33 #

Proposal for a regulation
Recital 5

Amendment 34 #

Proposal for a regulation
Recital 8

(8) This Regulation should also contribute to achieving the Union’s wider environmental objectives. The 8th Environmental Action Programme38 enshrines in a legal 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 ascome 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 35 #

Proposal for a regulation
Recital 14

(14) In order to allow the Commission to set requirements as appropriate to the product groups covered, ecodesign requirements should include performance and information requirements. Those requirements should be used to improve product aspects relevant for environmental and social sustainability, such as energy efficiency, durability, reparability, reuse, refurbishment and carbon and environmental footprints. Ecodesign requirements should be transparent, objective, proportionate and in compliance with international trade rules.

Amendment 36 #

Proposal for a regulation
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 and carbon 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 and easily accessible, such as its inclusion on a free- access website, product passport or product label. Information requirements are necessary to lead to the behavioural change needed to ensure that the environmental sustainability objectives of this Regulation are achieved. By providing a solid basis for 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 37 #

Proposal for a regulation
Recital 25

(25) Information on the presence of microplastics, including nanoplastics, and 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 and tor 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 and tor 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 substances of concern in products throughout their life cycle , including with a view to their decontamination and recovery when they become waste. Similar approach should be applied for microplastics, including nanoplastics, which are solid plastic particles composed of mixtures of polymers and functional additives, which can be deliberately added to products during manufacturing process but when in the environment, the particles accumulate and do not biodegrade. Such a framework should aim to progressively cover these particles and all substances of concern in all products listed in working plans setting out the product groups the Commission intends to tackle. _________________ 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 38 #

Proposal for a regulation
Recital 29

(29) In order to not unnecessarily delay the establishment of ecodesign requirements other than on the product passport or to ensure that product passports can be effectively implemented, the Commission should be allowed to exempt product groups from the product passport requirements exceptionally in case technical specifications are not available in relation to the essential requirements for the technical design and operation of the product passport. Similarly, in order to prevent unnecessary administrative burden for economic operator, the Commission should be allowed to exempt product groups from the product passport requirements in case other Union law already includes a system for the digital provision of product information allowing actors along the value chain to access relevant product information and facilitating the verification of product compliance by competent national authorities. These exemptions should be periodically reviewed taking into account further availability of technical specifications and eliminated where possible.

Amendment 39 #

Proposal for a regulation
Recital 42

(42) To deliver in the most efficient way on the European Green Deal’s objectives and to address the most impactful products first, the Commission should carry out a prioritisation of products to be regulated under this Regulation and requirements that will apply to them. Based on the process followed for prioritisation under Directive 2009/125/EC, the Commission should adopt a working plan, covering at least 3 years, laying down a list of product groups for which it plans to adopt delegated acts as well as the product aspects for which it intends to adopt delegated acts of horizontal application. The Commission should base its prioritisation on a set of criteria pertaining in particular to the delegated acts’ ~~potential~~ contribution to the Union climate, environmental and energy objectives and their potential for improving the product aspects selected without disproportionate costs to the public and economic operators. Considering their importance for meeting the Union’s energy objectives, the working plans should include an adequate share of actions related to energy-related products and chemicals, which production is energy intensive and would benefit from early transition. Member States and stakeholders should also be consulted through the Ecodesign Forum. Due to the complementarities between this Regulation and Regulation (EU) 2017/1369 for energy-related products, the timelines for the working plan under this Regulation and the one provided for under Article 15 of Regulation (EU) 2017/1369 should be aligned.

Amendment 40 #

Proposal for a regulation
Recital 45

(45) Micro, small and medium-sized enterprises (SMEs) could greatly benefit from an increase in the demand for sustainable products but could also face costs and difficulties with some of the requirements. TIn order to ensure competitiveness of European SMEs, the Member States and the Commission should, in their respective areas of responsibility, provide adequate information, ensure targeted and specialised training, and provide specific assistance and support, including financial, to SMEs active in the manufacturing of products for which ecodesign requirements are set. Those actions should, for example, cover the calculation of the product environmental footprint and the technical implementation of the product passport. Member States actions should be taken in respect of applicable State aid rules.

Amendment 41 #

Proposal for a regulation
Recital 64

(64) In order to improve future ecodesign requirements and improve end- users confidence identifying and correcting deviations between energy in-use and other performance parameters when measured under test conditions and actual functioning, the Commission ~~should have~~may access to products’ actual energy consumption while in use, when the end- user has expressly allowed the sharing of such data, and where relevant to other performance parameters. To that end, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission to supplement this Regulation by requiring individual products, similarly to road vehicles, to determine their in-use energy consumption and other relevant performance parameters and display it to the end-user. For products connected to the internet, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission to supplement this Regulation by requiring economic operators to remotely collect such in-use data and report it to the Commission, as it is essential to identify how the products perform and to inform the public. For products whose in use performance depends significantly also on climatic or geographical conditions, climatic or geographical information should also be collected, anonymised and reported.

Amendment 42 #

Proposal for a regulation
Recital 86

(86) In order to incentivise consumers to make sustainable choices, in particular when the more sustainable products are not affordable enough, mechanisms such as eco-vouchers, which should be used to purchase only products and services respecting the environment, and green taxation should be provided for. When Member States decide to make use of incentives to reward the best-performing products among those for which classes of performance have been set by delegated acts pursuant to this Regulation, they should do so by targeting those incentives at the highest two populated classes of performance, unless otherwise indicated by the relevant delegated act. However, Member States should not be able to prohibit the placing on the market of a product based on its class of performance. For the same reason, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission to supplement this Regulation by further specifying which product parameters or related levels of performance Member States’ incentives concern in case no class of performance is determined in the applicable delegated act or where classes of performance are established in relation to more than one product parameter. The introduction of Member State incentives should be without prejudice to the application of the Union State aid rules.

Amendment 43 #

Proposal for a regulation
Recital 87

(87) Public procurement amounts to 14% of the Union’s GDP. To contribute to the objective of reaching climate neutrality, improving energy and resource efficiency and transitioning to a circular economy that protects public health and biodiversity, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission to require , where appropriate, contracting authorities and entities as defined in Directive 2014/24/EU78 and 2014/25/EU79 of the European Parliament and of the Council, to align their procurement with specific green public procurement criteria or targets, to be set out in the delegated acts adopted pursuant to this Regulation. The criteria or targets set by delegated acts for specific product groups should be complied with not only when directly procuring those products in public supply contracts but also in public works or public services contracts where those products will be used for activities constituting the subject matter of those contracts. Compared to a voluntary approach, mandatory criteria or targets will ensure that the leverage of public spending to boost demand for better performing products is maximised in all Member States. The criteria should be transparent, objective and non- discriminatory. _________________ 78 Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement and repealing Directive 2004/18/EC (OJ L 94, 28.3.2014, p. 65). 79 Directive 2014/25/EU of the European Parliament and of the Council of 26 February 2014 on procurement by entities operating in the water, energy, transport and postal services sectors and repealing Directive 2004/17/EC (OJ L 94, 28.3.2014, p. 243).

Amendment 44 #

Proposal for a regulation
Recital 92

(92) Where problematic levels of non- compliance with ecodesign requirements are observed despite the enhanced planning, coordination and support laid down by this Regulation, the Commission should be able to intervene promptly and efficiently to ensure that market surveillance authorities perform checks on an adequate scale. Therefore, in order to safeguard the effective enforcement of ecodesign requirements, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission to lay down a minimum number of checks to be performed on specific products or requirements. This empowerment should be additional to the empowerment in Article 11(4) of Regulation (EU) 2019/1020.

Amendment 45 #

Proposal for a regulation
Recital 93

(93) Based on data entered into the information and communication system for market surveillance, the Commission should draw up a report containing information on the nature and number of checks performed, on the levels of non- compliance identified and on the nature and severity of penalties imposed in relation to ecodesign requirements over the two previous calendar years. The reports should be publicly accessible and contain a comparison of Member States’ activities with the activities planned and indicative benchmarks for market surveillance authorities.

Amendment 46 #

Erik BERGKVIST, Miapetra KUMPULA-NATRI, Carlos ZORRINHO, Robert HAJŠEL

Proposal for a regulation
Article 1 – paragraph 1 – subparagraph 1 – point e a (new)

(e a) type of energy used in production, including in terms of greenhouse gas intensity;

Amendment 47 #

Proposal for a regulation
Article 1 – paragraph 1 – subparagraph 1 – point f a (new)

(f a) Recycled and other low-impact content, such as responsibly resourced renewable materials.

Amendment 48 #

Erik BERGKVIST, Miapetra KUMPULA-NATRI, Carlos ZORRINHO, Robert HAJŠEL

Proposal for a regulation
Article 1 – paragraph 1 – subparagraph 1 – point i a (new)

(i a) products’ compliance with social and labour standards along the value chain;

Amendment 49 #

Proposal for a regulation
Article 1 – paragraph 1 – subparagraph 1 – point i a (new)

(i a) social aspects and due diligence criteria

Amendment 50 #

Erik BERGKVIST, Miapetra KUMPULA-NATRI, Carlos ZORRINHO, Robert HAJŠEL

Proposal for a regulation
Article 1 – paragraph 1 – subparagraph 1 – point i b (new)

(i b) other due diligence requirements in accordance with Union law.

Amendment 51 #

Proposal for a regulation
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 category rules ensuring accuracy and reliability according to the future other methods or tools in accordance with EU legislation;

Amendment 52 #

Ivars IJABS, Nils TORVALDS, Andrus ANSIP, Klemen GROŠELJ, Nicola DANTI

Proposal for a regulation
Article 2 – paragraph 1 – point 23

Amendment 53 #

Erik BERGKVIST, Miapetra KUMPULA-NATRI, Carlos ZORRINHO, Robert HAJŠEL

Proposal for a regulation
Article 2 – paragraph 1 – point 25

(25) ‘carbon footprint’ means the sum of greenhouse gas (GHG) emissions and GHG removals in a product system, expressed as CO2 equivalents as defined in the certification of carbon removals and based on a life cycle assessment using the single impact category of climate change;

Amendment 54 #

Erik BERGKVIST, Miapetra KUMPULA-NATRI, Carlos ZORRINHO, Robert HAJŠEL

Proposal for a regulation
Article 2 – paragraph 1 – point 25 a (new)

(25 a) ‘renewability’ means the ability for a natural resource to replenish and recover over time and thereby is infinite when growth is greater than consumption.

Amendment 55 #

Proposal for a regulation
Article 2 – paragraph 1 – point 28 – point c

Amendment 56 #

Proposal for a regulation
Article 2 – paragraph 1 – point 35

(35) ‘destruction’ means the intentional damaging or discarding of a product as waste with the exception of discarding for the only purpose of delivering a product for preparing for re-use or, remanufacturing ~~operations;~~, or recycling operations. A product is considered destroyed or discarded as soon as the information is made available to the authorities according to Art. 20.

Amendment 57 #

Proposal for a regulation
Article 2 – paragraph 1 – point 37

(37) ‘unsold consumer product’ means any consumer product that has not been sold or any unused consumer product that has been returned by a consumer in view of their right of withdrawal in accordance with Article 9 of Directive (EU) 2011/83/EU;

Amendment 58 #

Proposal for a regulation
Article 2 – paragraph 1 – point 45

(45) ‘distributor’ means any natural or legal person in the supply chain, other than the manufacturer or the importer, who makes a product available on the market, including remanufacturers and companies which repair and upgrade products;

Amendment 59 #

Erik BERGKVIST, Miapetra KUMPULA-NATRI, Carlos ZORRINHO, Robert HAJŠEL

Proposal for a regulation
Article 2 – paragraph 1 – point 59

(59) ‘product presenting a serious risk’ means a product presenting a risk ~~for which, based on an assessment, the degree of the relevant non-compliance~~as identified by the [REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on general product safety, amending Regulation (EU) No 1025/2012 of the European Parliament and orf the ~~associated harm is considered to require rapid intervention by the market surveillance authorities, including cases where the effects of the non-compliance are not immediate.~~Council, and repealing Council Directive 87/357/EEC and Directive 2001/95/EC of the European Parliament and of the Council]

Amendment 60 #

Proposal for a regulation
Article 2 – paragraph 1 – point 59 a (new)

(59 a) ‘Recyclability’ means the ability of material of products to be effectively separated from the waste stream, collected, sorted and aggregated in defined streams for rerecycled trough relevant industrial processes be turned into recycled materials or products whilst minimising quality or functionality losses compared to the original material or product.

Amendment 61 #

Proposal for a regulation
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 62 #

Proposal for a regulation
Article 4 – paragraph 3 – point b

(b) requiring manufacturers, their authorised representatives or importers to make available to the Commission information on the quantities of a product covered by those delegated acts placed on the market or put into service, in accordance with Article 31(1);deleted

Amendment 63 #

Proposal for a regulation
Article 4 – paragraph 3 – point c

(c) requiring products placed on the market to be able to measure the energy they consume or their performance in relation to other relevant product parameters referred to in Annex I while in use, in accordance with Article 31(2);deleted

Amendment 64 #

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

(c a) requiring products places on the market to be able to account for what type of energy that has been consumed, or bought, in relation to the production;

Amendment 65 #

Proposal for a regulation
Article 4 – paragraph 3 – point d

(d) requiring manufacturers, their authorised representatives or importers to collect, anonymise, or report to the Commission the in-use data referred to in points (c) and (ca), in accordance with Article 31(3), and respecting the privacy rights and rights to personal data of the consumer;

Amendment 66 #

Ivars IJABS, Nils TORVALDS, Andrus ANSIP, Klemen GROŠELJ, Nicola DANTI

Proposal for a regulation
Article 4 – paragraph 3 – point d

(d) subject to adequate protection of confidential and sensitive information, 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 67 #

Proposal for a regulation
Article 4 – paragraph 3 – point d

(d) subject to privacy considerations, requiring manufacturers, their authorised representatives or importers to collect, anonymise, or report to the Commission the in-use data referred to in point (c), in accordance with Article 31(3);

Amendment 68 #

Ivars IJABS, Nils TORVALDS, Andrus ANSIP, Klemen GROŠELJ, Nicola DANTI

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

Delegated acts referred to in the first paragraph shall apply at the earliest 18 months after the entry into force of that delegated act.

Amendment 69 #

Proposal for a regulation
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 and existing product- specific regulation as well as widely used or mandatory product-specific standards relating to one or more of these aspects, establish ecodesign requirements to improve the following product aspects:

Amendment 70 #

Proposal for a regulation
Article 5 – paragraph 1 – point g

(g) presence of substances of concern which are not already regulated by another EU legislation related to chemical safety;

Amendment 71 #

Proposal for a regulation
Article 5 – paragraph 1 – point g a (new)

(g a) presence of microplastics, including nanoplastics;

Amendment 72 #

Erik BERGKVIST, Miapetra KUMPULA-NATRI, Carlos ZORRINHO, Robert HAJŠEL

Proposal for a regulation
Article 5 – paragraph 1 – point h a (new)

(h a) type of energy used for production, including in terms of greenhouse gas intensity;

Amendment 73 #

Proposal for a regulation
Article 5 – paragraph 1 – point k

(k) possibility of remanufacturing ~~and recycling~~;

Amendment 74 #

Erik BERGKVIST, Miapetra KUMPULA-NATRI, Carlos ZORRINHO, Robert HAJŠEL

Proposal for a regulation
Article 5 – paragraph 1 – point k

(k) possibility of remanufacturing ~~and recycling~~;

Amendment 75 #

Proposal for a regulation
Article 5 – paragraph 1 – point k a (new)

(k a) recyclability and ease of recycling;

Amendment 76 #

Erik BERGKVIST, Miapetra KUMPULA-NATRI, Carlos ZORRINHO, Robert HAJŠEL

Proposal for a regulation
Article 5 – paragraph 1 – point k a (new)

(k a) recyclability and ease of recycling;

Amendment 77 #

Proposal for a regulation
Article 5 – paragraph 1 – point n a (new)

(n a) social aspects and working conditions along the value chain;

Amendment 78 #

Erik BERGKVIST, Miapetra KUMPULA-NATRI, Carlos ZORRINHO, Robert HAJŠEL

Proposal for a regulation
Article 5 – paragraph 1 – point n b (new)

(n b) due diligence criteria;

Amendment 79 #

Erik BERGKVIST, Miapetra KUMPULA-NATRI, Carlos ZORRINHO, Robert HAJŠEL

Proposal for a regulation
Article 5 – paragraph 1 – point n c (new)

(n c) renewability of materials/use or content of renewable raw materials;

Amendment 80 #

Ivars IJABS, Nils TORVALDS, Andrus ANSIP, Klemen GROŠELJ, Nicola DANTI

Proposal for a regulation
Article 5 – paragraph 2 – subparagraph 3

A horizontal ecodesign requirement established pursuant to the second subparagraph shall not cover products falling in scope of a mandatory vertical ecodesign measure, but may cover products falling in the scope of a self- regulation measure established as a valid alternative pursuant to Article 18(3), where the Commission considers that that self- regulation measure does not address the product aspect covered by that horizontal ecodesign requirement.

Amendment 81 #

Proposal for a regulation
Article 5 – paragraph 3 – introductory part

3. Ecodesign requirements shall, only as appropriate, include:

Amendment 82 #

Proposal for a regulation
Article 5 – paragraph 3 – introductory part

3. Ecodesign requirements shall~~, as appropriate,~~ include:

Amendment 83 #

Proposal for a regulation
Article 5 – paragraph 4 – point a – point i

(i) Union climate, environmental and energy efficiency priorities with the view to reach the Green Deal goals, and other related Union priorities;

Amendment 84 #

Proposal for a regulation
Article 5 – paragraph 4 – point a – point i

(i) Union climate, environmental ~~and~~, energy efficiency, resource security and biodiversity priorities and other related Union priorities;

Amendment 85 #

Erik BERGKVIST, Miapetra KUMPULA-NATRI, Carlos ZORRINHO, Robert HAJŠEL

Proposal for a regulation
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, and the Do No Significant Harm principle, within the meaning of Article 17 of Regulation (EU) 2020/852;

Amendment 86 #

Ivars IJABS, Nils TORVALDS, Andrus ANSIP, Klemen GROŠELJ, Nicola DANTI

Proposal for a regulation
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 overregulation;

Amendment 87 #

Proposal for a regulation
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 to avoid duplication or overregulation;

Amendment 88 #

Proposal for a regulation
Article 5 – paragraph 4 – point a – point ii a (new)

(ii a) analyse whether additional sustainability-related aspects should be regulated under the relevant Union legislation referred to in point (ii) or under the present ESPR in order to avoid a legislative patchwork

Amendment 89 #

Proposal for a regulation
Article 5 – paragraph 4 – point a – point v

(v) relevant European and international widely used or mandatory product-specific standards;

Amendment 90 #

Proposal for a regulation
Article 5 – paragraph 4 – point a – point v a (new)

(v a) the impact of the environmental performance of intermediates and components on final products' performance, in particular for intermediates and components used in a wide range of final products;

Amendment 91 #

Proposal for a regulation
Article 5 – paragraph 4 – point d a (new)

(d a) take into account views expressed by the European Parliament on the ecodesign requirements for specific products or product groups;

Amendment 92 #

Proposal for a regulation
Article 5 – paragraph 5 – point d

(d) there shall be no disproportionate negative impact on the competitiveness of economic actors, ~~at least of~~in particular for SMEs;

Amendment 93 #

Ivars IJABS, Nils TORVALDS, Andrus ANSIP, Klemen GROŠELJ, Nicola DANTI

Proposal for a regulation
Article 5 – paragraph 5 – point d

(d) there shall be no disproportionate negative impact on the competitiveness of economic actors, ~~at least~~in particular of SMEs;

Amendment 94 #

Proposal for a regulation
Article 5 – paragraph 5 – point d

(d) there shall be no disproportionate negative impact on the competitiveness of economic actors, ~~at least~~particularly of SMEs;

Amendment 95 #

Proposal for a regulation
Article 5 – paragraph 5 – point d

(d) ~~there shall be no disproportionate~~ negative impact on the competitiveness of economic actors~~, at least of~~ shall be limited, in particular for SMEs;

Amendment 96 #

Proposal for a regulation
Article 5 – paragraph 5 – point d

(d) there shall be no ~~disproportionate~~ negative impact on the competitiveness of economic actors, at least of SMEs;

Amendment 97 #

Proposal for a regulation
Article 5 – paragraph 5 – point d a (new)

(d a) appropriate instruments of financial and educational support for businesses, especially for SMEs, shall be ensured;

Amendment 98 #

Proposal for a regulation
Article 5 – paragraph 5 – point f

(f) ~~there shall be no dispropor~~additionatel administrative burdens on manufacturers or other economic actors shall be limited, in particular for SMEs.

Amendment 99 #

Jean-Lin LACAPELLE, Virginie JORON, Markus BUCHHEIT

Proposal for a regulation
Article 5 – paragraph 5 – point f a (new)

(f a) technological and operational capabilities of private operators and public bodies in Member States shall be taken into account;

source: 738.774

2022/12/06 IMCO 376 amendments...

Amendment 101 #

Proposal for a regulation
Recital 4

(4) In the absence of legislation at Union level, diverging national approaches to improving the environmental sustainability of products have already emerged, ranging from information requirements on the duration of software compatibility of electronic devices to reporting obligations on handling unsold durable goods. This is an indication that further national efforts to achieve ~~the aims~~less ambitious aims than those pursued by this Regulation will likely lead to further fragmentation of the internal market. Therefore, in order to safeguard the functioning of the internal market while ensuring a high level of environmental protection, there is a need for a regulatory framework to progressively introduce ecodesign requirements for products. This Regulation will, by making the ecodesign approach initially set out in Directive 2009/125/EC of the European Parliament and of the Council29 applicable to the broadest possible range of products, provide such a framework. _________________ 29 Directive 2009/125/EC of the European Parliament and of the Council of 21 October 2009 establishing a framework for the setting of ecodesign requirements for energy-related products (Text with EEA relevance) (OJ L 285, 31.10.2009, p. 10).

Amendment 102 #

Proposal for a regulation
Recital 4

(4) In the absence of legislation at Union level, diverging national approaches to improving the environmental sustainability of products have already emerged, ranging from information requirements on the duration of software compatibility of electronic devices to reporting obligations on handling unsold durable goods. This is an indication that further national efforts to achieve the aims pursued by this Regulation will likely lead to further fragmentation of the internal market. Therefore, in order to safeguard the functioning of the internal market while ensuring a high level of environmental protection, there is a need for an ambitious regulatory framework to progressively introduce ecodesign requirements for products. This Regulation will, by making the ecodesign approach initially set out in Directive 2009/125/EC of the European Parliament and of the Council29 applicable to the broadest possible range of products, provide such a framework. _________________ 29 Directive 2009/125/EC of the European Parliament and of the Council of 21 October 2009 establishing a framework for the setting of ecodesign requirements for energy-related products (Text with EEA relevance) (OJ L 285, 31.10.2009, p. 10).

Amendment 103 #

Adriana MALDONADO LÓPEZ, Biljana BORZAN, Clara AGUILERA, Marc ANGEL, Brando BENIFEI, Maria GRAPINI, Maria-Manuel LEITÃO-MARQUES, Christel SCHALDEMOSE, René REPASI

Proposal for a regulation
Recital 5

(5) This Regulation will contribute to making products fit for a climate-neutral, resource-efficient and circular economy, reducing waste and ensuring that the performance of frontrunners in sustainability progressively becomes the norm. It should provide for the setting of new ecodesign requirements to improve product durability, reusability, upgradability and reparability, improve possibilities for refurbishment and maintenance, address the presence of hazardous chemicals in products, increase their energy and resource efficiency, reduce their expected generation of waste materials and increase recycled content in products, while ensuring their performance and safety, enabling remanufacturing and high-quality recycling and reducing carbon and environmental footprints. By doing so, this Regulation should aim at supporting production and consumption patterns that are aligned with Union's overall sustainability targets, including climate, environmental, energy, resources-use and biodiversity. As this Regulation will establish provisions to extend the lifecycle of products, it should not impede the re- use of components or spare parts for repairing products.

Amendment 104 #

Proposal for a regulation
Recital 5

(5) This Regulation will contribute to making products and digital services fit for a climate-neutral, resource-efficient and circular economy, in which economic sustainable growth is decoupled from resource use, 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 ~~improv~~maximise product durability, reusability, upgradability and reparability, ~~improv~~ensure possibilities for refurbishment and maintenance, address the presence of hazardous chemicals in products, increase their energy and resource efficiency, ~~reduc~~minimise their expected generation of waste materials and increase recycled content in products, while ensuring their performance and safety, enabling remanufacturing and high-quality recycling and reducing carbon and environmental footprints. in order to achieve a fully circular economy by 205029a. _________________ 29a https://eur- lex.europa.eu/resource.html?uri=cellar:9 903b325-6388-11ea-b735- 01aa75ed71a1.0017.02/DOC_1&format= PDF

Amendment 105 #

Jean-Lin LACAPELLE, Virginie JORON, Markus BUCHHEIT

Proposal for a regulation
Recital 5

(5) This Regulation will contribute to making products fit for a climate-neutral, more local, resource-efficient and circular economy, achieving the highest level of strategic independence for Member States, reducing waste and ensuring that the performance of frontrunners in sustainability progressively becomes the norm. It should provide for the setting of new ecodesign requirements to improve product durability, reusability, upgradability and reparability, improve possibilities for refurbishment and maintenance, address the presence of hazardous chemicals in products, increase their energy and resource efficiency, reduce their expected generation of waste materials and increase recycled content in products, while ensuring their performance and safety, enabling remanufacturing and high-quality recycling and reducing carbon and environmental footprints.

Amendment 106 #

Róża THUN UND HOHENSTEIN, Ivars IJABS, Andrus ANSIP, Sandro GOZI, Jordi CAÑAS, Morten LØKKEGAARD

Proposal for a regulation
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 tackle products’ premature obsolescence, through improveing product durability, reusability, upgradability and reparability, improveing possibilities for refurbishment and maintenance, addressing the presence of hazardous chemicals in products, increaseing their energy and resource efficiency, reduceing their expected generation of waste materials and increaseing recycled content in products, while ensuring their performance and safety, enabling remanufacturing and high- quality recycling and reducing carbon and environmental footprints.

Amendment 107 #

Adriana MALDONADO LÓPEZ, Biljana BORZAN, Clara AGUILERA, Marc ANGEL, Brando BENIFEI, Maria GRAPINI, Maria-Manuel LEITÃO-MARQUES, Christel SCHALDEMOSE, René REPASI

Proposal for a regulation
Recital 5

(5) This Regulation will contribute to making products, as well as their lifecycle services, fit for a climate-neutral, resource- efficient and circular economy, reducing waste and ensuring that the performance of frontrunners in sustainability progressively becomes the norm. It should provide for the setting of new ecodesign requirements to improve product durability, reusability, upgradability and reparability, improve possibilities for refurbishment and maintenance, address the presence of hazardous chemicals in products, increase their energy and resource efficiency, reduce their expected generation of waste materials and increase recycled content in products, while ensuring their performance and safety, enabling remanufacturing and high-quality recycling and reducing carbon and environmental footprints.

Amendment 108 #

Proposal for a regulation
Recital 6

(6) The European Parliament, in its Resolution of 25 November 2020 ‘Towards a more sustainable single market for business and consumers’30 , ~~welcomed~~called for promoting durable products which are easier to repair, re-use and recycle, while improving consumer rights, including through information requirements on lifetime and reparability of products and extended legal guarantee periods. In its report on the New Circular Economy Action Plan adopted on 16 February 202131 , the European Parliament further endorsed the agenda presented by the Commission in the CEAP. It considered that the transition to a circular economy can provide solutions to address the current environmental challenges and the economic crisis brought on by the COVID- 19 pandemic. The Council, in its conclusions on ‘Making the Recovery Circular and Green’ adopted on 11 December 202032 , also welcomed the Commission’s intention to submit legislative proposals as part of a comprehensive and integrated sustainable product policy framework that promotes climate neutrality, energy and resource efficiency and a non-toxic circular economy, protects public health and biodiversity, and empowers and protects consumers and public buyers. _________________ 30 P9_TA(2020)0318. 31 P9_TA(2021)0040. 32 13852/20.

Amendment 109 #

Proposal for a regulation
Recital 9 a (new)

(9 a) It is recognised that there are well- established already existing officially recognised EN ISO 14024 ecolabels in many Member States, well-known and with high confidence among the consumers. Therefore new labels should only be introduced, as referred to in Article 7 (6) and Article 14, if there do not already exist such ecolabels for the product group.

Amendment 110 #

Adriana MALDONADO LÓPEZ, Biljana BORZAN, Clara AGUILERA, Marc ANGEL, Brando BENIFEI, Maria GRAPINI, Maria-Manuel LEITÃO-MARQUES, Christel SCHALDEMOSE, René REPASI

Proposal for a regulation
Recital 10

(10) Directive 2009/125/EC has been generally successful in fostering the energy efficiency and some circularity aspects of energy-related products, and its approach has the potential to progressively address the sustainability of all products. To deliver on Green Deal commitments, this approach should be extended to other product groups and systematically address key aspects for increasing the social and environmental sustainability of products with binding requirements. By ensuring that only products that meet those requirements are placed on the Union market, this Regulation should not only improve the free movement of such products by avoiding national disparities, but also reduce the negative life cycle environmental impacts of products for which such requirements are set.

Amendment 111 #

Proposal for a regulation
Recital 10

(10) Directive 2009/125/EC has been generally successful in fostering the energy efficiency and some circularity aspects of energy-related products, and its approach has the potential to progressively address the sustainability of all products. To deliver on Green Deal commitments, this approach should be extended to other product groups and systematically address key aspects for increasing the environmental and social sustainability of products with binding requirements. By ensuring that only products that meet those requirements are placed on the Union market, this Regulation should not only improve the free movement of such products by avoiding national disparities, but also reduce the negative life cycle environmental impacts of products for which such requirements are set.

Amendment 112 #

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. 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. In addition, intangible products or digital components of a product, such as software, must also support the digital sustainability of those products or components. This includes unfettered access to updates and the assurance that these updates will not adversely affect product performance. _________________ 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 113 #

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. It is vital that duplication or overlap of regulation is avoided; for example, components should not be regulated as components as such and at the same time as part of finished products. Where needed, specific exemptions should be made when setting ecodesign requirements, for example for products with a particular purpose that could not be fulfilled when complying with ecodesgin requirements. In addition, exemptions should be made at the level of the framework for those products for which it is already clear that ecodesign requirements would not be suitable or where other frameworks provide for the setting of such requirements. This should be the case for food and feed as defined in Regulation (EC) No 178/2002 of the European Parliament and of the Council44 , medicinal products for human use as defined in Directive 2001/83/EC of the European Parliament and of the Council45 , veterinary medicinal products as defined in Regulation (EU) 2019/6 of the European Parliament and of the Council46 , living plants, animals and micro-organisms, products of human origin, and products of plants and animals relating directly to their future reproduction. _________________ 44 Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety (OJ L 31, 1.2.2002, p. 1). 45 Directive 2001/83/EC of the European Parliament and of the Council of 6 November 2001 on the Community code relating to medicinal products for human use (OJ L 311, 28.11.2001, p. 67). 46 Regulation (EU) 2019/6 of the European Parliament and of the Council of 11 December 2018 on veterinary medicinal products and repealing Directive 2001/82/EC (OJ L 4, 7.1.2019, p. 43).

Amendment 114 #

Adriana MALDONADO LÓPEZ, Biljana BORZAN, Clara AGUILERA, Marc ANGEL, Brando BENIFEI, Maria GRAPINI, Maria-Manuel LEITÃO-MARQUES, Christel SCHALDEMOSE, René REPASI

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).

Amendment 115 #

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 originally manufactured 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).

Amendment 116 #

Jean-Lin LACAPELLE, Virginie JORON, Markus BUCHHEIT

(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 defence-related products or for products with a particular purpose that could not be fulfilled when complying with ecodesgign requirements. In addition, exemptions should be made at the level of the framework for those products for which it is already clear that ecodesign requirements would not be suitable or where other frameworks provide for the setting of such requirements. This should be the case for food and feed as defined in Regulation (EC) No 178/2002 of the European Parliament and of the Council44, medicinal products for human use as defined in Directive 2001/83/EC of the European Parliament and of the Council45, veterinary medicinal products as defined in Regulation (EU) 2019/6 of the European Parliament and of the Council46, living plants, animals and micro-organisms, products of human origin, and products of plants and animals relating directly to their future reproduction. _________________ 44 Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety (OJ L 31, 1.2.2002, p. 1). 45 Directive 2001/83/EC of the European Parliament and of the Council of 6 November 2001 on the Community code relating to medicinal products for human use (OJ L 311, 28.11.2001, p. 67). 46 Regulation (EU) 2019/6 of the European Parliament and of the Council of 11 December 2018 on veterinary medicinal products and repealing Directive 2001/82/EC (OJ L 4, 7.1.2019, p. 43).

Amendment 117 #

Róża THUN UND HOHENSTEIN, Ivars IJABS, Sandro GOZI, Morten LØKKEGAARD

Proposal for a regulation
Recital 13

(13) In order to improve the environmental sustainability of products and to ensure the free movement of products in the internal market, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission to supplement this Regulation by setting out ecodesign requirements. Those ecodesign requirements should in principle apply to specific product groups, such as washing machines or washing machines and washer dryers. In order to maximise the effectiveness of ecodesign requirements and to efficiently improve environmental sustainability of products, it should also be possible to set out one or more horizontal ecodesign requirements for a wider range of products groups, such as electronic appliances or textiles. Horizontal ecodesign requirements should be established where the technical similarities of product groups allow their environmental sustainability to be improved based on the same requirements. These requirements should take into account potential environmental benefits stemming from using of one common charger for several products. Therefore, product groups with technical similarities, i.e. gardening tools and power drills or products protected against moisture and water ingress, should be required to be equipped with common chargers.

Amendment 118 #

Adriana MALDONADO LÓPEZ, Biljana BORZAN, Clara AGUILERA, Marc ANGEL, Brando BENIFEI, Maria GRAPINI, Maria-Manuel LEITÃO-MARQUES, Christel SCHALDEMOSE, René REPASI

Proposal for a regulation
Recital 13

(13) In order to improve the environmental sustainability of products and to ensure the free movement of products in the internal market, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission to supplement this Regulation by setting out ecodesign requirements. Those ecodesign requirements should in principle apply to specific product groups, such as washing machines or washing machines and washer dryers. In order to maximise the effectiveness of ecodesign requirements and to efficiently improve environmental and social sustainability of products, it should also be possible to set out one or more horizontal ecodesign requirements for a wider range of products groups, such as electronic appliances or textiles. Horizontal ecodesign requirements should be established where the technical similarities of product groups allow their environmental sustainability to be improved based on the same requirements. Overall horizontal requirements should also be developed with regard to specific product aspects such as durability and reparability to ensure that such requirements apply across all new products and be implemented in delegated acts.

Amendment 119 #

Adriana MALDONADO LÓPEZ, Biljana BORZAN, Clara AGUILERA, Marc ANGEL, Brando BENIFEI, Maria GRAPINI, Maria-Manuel LEITÃO-MARQUES, Christel SCHALDEMOSE, René REPASI

Proposal for a regulation
Recital 14

(14) In order to allow the Commission to set requirements as appropriate to the product groups covered, ecodesign requirements should include performance and information requirements. Those requirements should be used to improve product aspects relevant for environmental and social sustainability, such as energy efficiency, durability, reparability and carbon and environmental footprints. Ecodesign requirements should be transparent, objective, proportionate, and in compliance with international trade rules.

Amendment 120 #

(14) In order to allow the Commission to set requirements as appropriate to the product groups covered, ecodesign requirements should include performance and information requirements. Those requirements should be used to improve product aspects relevant for environmental sustainability, such as energy efficiency, durability, reparability and carbon ~~and~~, environmental and social footprints. Ecodesign requirements should be transparent, objective, and proportionate ~~and in compliance with international trade rul~~to the above-mentioned objectives.

Amendment 121 #

Proposal for a regulation
Recital 15

(15) Once a delegated act setting ecodesign requirements is adopted by the Commission for a given product group, Member States should, in order to ensure the functioning of the internal market~~, no longer~~ and to provide a satisfactory level of protection for the consumer and their environment, be allowed to set higher national performance requirements based on product parameters covered by such performance requirements laid down in that delegated act, and ~~no longer~~ be allowed to set national information requirements based on product parameters covered by such information requirements laid down in that delegated act. In order to ensure the functioning of the internal market, the Commission should be empowered to establish that no ecodesign requirements in the form of performance requirements and/or in the form of information requirements are necessary in relation to a specific product parameter.

Amendment 122 #

Proposal for a regulation
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, including that covered by Directive (EU) 2016/943. When preparing ecodesign requirements the Commission should use a scientific approach taking account of the precautionary principle as formulated in Article 191 of the Treaty, 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 123 #

Jean-Lin LACAPELLE, Virginie JORON, Markus BUCHHEIT

Proposal for a regulation
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. Other scientifically validated, auditable methods based international technical standards or European technical standards should also be taken into account. 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 124 #

Proposal for a regulation
Recital 19 a (new)

(19 a) To encourage the consumption of sustainable products, traders should provide, before the conclusion of the contract, for all types of goods, where applicable as a first step, the reparability score of the good as provided by the producer in accordance with national and Union law. This reparability score shall be established according to several criteria, namely the availability and sale price of spare parts in relation to the price of new equipment, including the ordering procedure, information about the disassembly of and access to parts, the length of availability on the market of spare parts and delivery times, and the availability of a user and repair manual. This reparability score should be affixed directly to the product or its packaging. In shops it should be displayed on or in the immediate vicinity of the product, and on websites in the presentation of the equipment and close to the price. Within two years of this Directive entering into force, this reparability score should be extended to a wider category of goods.

Amendment 125 #

Róża THUN UND HOHENSTEIN, Ivars IJABS, Morten LØKKEGAARD

Proposal for a regulation
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 that is essential for consumer’s health and safety shall always be provided in physical form on the label. Information requirements are necessary to lead to the behavioural change needed to ensure that the environmental sustainability objectives of this Regulation are achieved. By providing a solid basis for 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. In the same vain, and in line with a paperless and sustainable approach, the instructions and safety information should be available on a free-access website or product passport, instead of being printed and included in the product.

Amendment 126 #

Adriana MALDONADO LÓPEZ, Biljana BORZAN, Clara AGUILERA, Marc ANGEL, Brando BENIFEI, Maria GRAPINI, Maria-Manuel LEITÃO-MARQUES, Christel SCHALDEMOSE, René REPASI

Proposal for a regulation
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~~should 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. Essential information relating to health, safety and consumer rights should always be provided to consumers through physical means such as on product or a leaflet accompanying the product. Additional information should be provided in physical format upon request from consumers. Information requirements are necessary to lead to the behavioural change needed to ensure that the environmental sustainability objectives of this Regulation are achieved. By providing a solid basis for 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 127 #

Jean-Lin LACAPELLE, Virginie JORON, Markus BUCHHEIT

Proposal for a regulation
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 location of the stages of manufacture, 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 to the behavioural change needed to ensure that the environmental sustainability objectives of this Regulation are achieved. By providing a solid basis for 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, i.e. more local and circular, choices.

Amendment 128 #

Adriana MALDONADO LÓPEZ, Biljana BORZAN, Clara AGUILERA, Marc ANGEL, Brando BENIFEI, Maria GRAPINI, Maria-Manuel LEITÃO-MARQUES, Christel SCHALDEMOSE, René REPASI

Proposal for a regulation
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 to the behavioural change needed to ensure that the environmental sustainability objectives of this Regulation are achieved. By providing a solid and easy-to-understand basis for purchasers and public authorities to compare products on the basis of their environmental and social sustainability, information requirements are expected to drive consumers and public authorities towards more sustainable and responsible choices.

Amendment 129 #

Proposal for a regulation
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. In this regard, information requirements with regard to durability and reparability of products play a central role for consumers to engage in sustainable consumption patterns. This Regulation should therefore establish criteria to be taken into account for developing a reparability score and durability index to be applied on certain product-categories. In addition to information requirements on the durability and reparability of products that are essential for consumers to make a purchasing decision for more durable products, displaying information on their rights, such as on the length of the legal guarantee of conformity and, where relevant, its voluntary extension by the manufacturer, is also important since they reliable indicators of a product's durability. Such information should therefore be part of the labels to be displayed at point of sale.

Amendment 130 #

Jean-Lin LACAPELLE, Virginie JORON, Markus BUCHHEIT

Proposal for a regulation
Recital 26

(26) The information requirements set under this Regulation should include the requirement to make available a product passport. The product passport is an important tool for making information available to actors along the entire value chain, such as the location of the stages of manufacture, and the availability of a product passport should significantly enhance end- to-end traceability of a product throughout its value chain. Among other things, the product passport should help consumers make informed choices by improving their access to product information relevant to them, allow economic operators other value chain actors such as repairers or recyclers to access relevant information, and enable competent national authorities to perform their duties. To this end, the product passport should not replace but complement non-digital forms of transmitting information, such as information in the product manual or on a label. In addition, it should be possible for the product passport to be used for information on other sustainability aspects applicable to the relevant product group pursuant to other Union legislation.

Amendment 131 #

Adriana MALDONADO LÓPEZ, Biljana BORZAN, Clara AGUILERA, Marc ANGEL, Brando BENIFEI, Maria GRAPINI, Maria-Manuel LEITÃO-MARQUES, Christel SCHALDEMOSE, René REPASI

Proposal for a regulation
Recital 26

(26) The information requirements set under this Regulation should include the requirement to make available a product passport. The product passport is an important tool for making information available to actors along the entire value chain and the availability of a product passport should significantly enhance end- to-end traceability of a product throughout its value chain. Among other things, the product passport should help consumers make informed choices easily by improving their access to product information relevant to them, allow economic operators other value chain actors such as repairers, reburbishers or recyclers to access relevant information, and enable competent national authorities to perform their duties. To this end, the product passport should not replace but complement non-digital forms of transmitting information, such as information in the product manual or on a label. In addition, it should be possible for the product passport to be used for information on other sustainability aspects applicable to the relevant product group pursuant to other Union legislation.

Amendment 132 #

Róża THUN UND HOHENSTEIN, Sandro GOZI, Jordi CAÑAS, Morten LØKKEGAARD

Proposal for a regulation
Recital 26

(26) The information requirements set under this Regulation should include the requirement to make available a product passport. The product passport is an important tool for making information available to actors along the entire value chain and the availability of a product passport should significantly enhance end- to-end traceability of a product throughout its value chain. Among other things, the product passport should help consumers make informed choices by improving their access to product information relevant to them, allow economic operators other value chain actors such as professional repairers or recyclers to access relevant information, and enable competent national authorities to perform their duties. To this end, the product passport should not replace but complement non-digital forms of transmitting information, such as information in the product manual or on a label. In addition, it should be possible for the product passport to be used for information on other sustainability aspects applicable to the relevant product group pursuant to other Union legislation.

Amendment 133 #

Proposal for a regulation
Recital 26

(26) The information requirements set under this Regulation should include the requirement to make available a product passport. The product passport is an important tool for making information available to actors along the entire value chain and the availability of a product passport should significantly enhance end- to-end traceability of a product throughout its value chain. Among other things, the product passport should help consumers make informed choices by improving their access to product information relevant to them, allow economic operators other value chain actors such as repairers or recyclers to access relevant information, and enable competent national authorities to perform their duties. To this end, the product passport should not replace but complement non-digital forms of transmitting information, such as information ~~in the product manual or~~ on a label. In addition, it should be possible for the product passport to be used for information on other sustainability aspects applicable to the relevant product group pursuant to other Union legislation.

Amendment 134 #

Proposal for a regulation
Recital 29

(29) In order to not unnecessarily delay the establishment of ecodesign requirements other than on the product passport or to ensure that product passports can be effectively implemented, the Commission should be allowed to exempt product groups from the product passport requirements in case technical specifications are not available in relation to the essential requirements for the technical design and operation of the product passport. Similarly, in order to prevent unnecessary administrative burden for economic operator, the Commission should be allowed to exempt product groups from the product passport requirements in case other Union law already includes a system for the digital provision of product information allowing actors along the value chain to access relevant product information and facilitating the verification of product compliance by competent national authorities. These exemptions should be periodically reviewed taking into account further availability of technical specifications.deleted

Amendment 135 #

Jean-Lin LACAPELLE, Virginie JORON, Markus BUCHHEIT

Proposal for a regulation
Recital 31

(31) Digitalised information about the product and its life cycle or, where applicable, its passport should be easily accessible by scanning a data carrier~~, such as a watermark or a quick response (QR) code~~. Where possible, the data carrier should be on the product itself to ensure the information remains accessible throughout its life cycle. However, exceptions are possible depending on the nature, size or use of the products concerned.

Amendment 136 #

Proposal for a regulation
Recital 31

(31) Digitalised information about the product and its life cycle or, where applicable, its passport should be easily identifiable and accessible by scanning a data carrier, such as a watermark or a quick response (QR) code. Where possible, the data carrier should be on the product itself to ensure the information remains accessible throughout its life cycle. However, exceptions are possible depending on the nature, size or use of the products concerned.

Amendment 137 #

Proposal for a regulation
Recital 31

(31) Digitalised information about the product and its life cycle or, where applicable, its passport should be easily accessible by scanning a data carrier, such as a watermark or a quick response (QR) code. ~~Where possible, t~~The data carrier should be on the product itself to ensure the information remains accessible throughout its life cycle. However, exceptions are possible depending on the nature, size or use of the products concerned.

Amendment 138 #

Proposal for a regulation
Recital 32

(32) To ensure that the product passport is flexible, agile and market-driven and evolving in line with business models, markets and innovation, it should be based on a decentralised data system, set up and maintained by economic operators. However, for enforcement and monitoring purposes, it may be necessary that competent national authorities ~~and~~, the Commission, consumer protection organisations, researchers and journalists have direct access to a record of all data carriers and unique identifiers linked to products placed on the market or put in service.

Amendment 139 #

Proposal for a regulation
Recital 32

(32) To ensure that the product passport is flexible, agile and market-driven and evolving in line with business models, markets and innovation, it should be based on a ~~decentralised~~ data system, set up and maintained by the European Commission via a central data system and/or economic operators. ~~However, f~~For enforcement and monitoring purposes, it ~~may~~is be necessary that competent national authorities and the Commission have direct access to a record of all data ~~carriers and unique identifiers~~ linked to products placed on the market or put in service.

Amendment 140 #

Proposal for a regulation
Recital 32

(32) To ensure that the product passport is flexible, agile and market-driven and evolving in line with business models, markets and innovation, it should be based on a decentralised data system, set up and maintained by economic operators. ~~However, f~~For enforcement and monitoring purposes, it may be necessary that competent national authorities and the Commission have direct access to a record of all data carriers and unique identifiers linked to products placed on the market or put in service.

Amendment 141 #

Jean-Lin LACAPELLE, Virginie JORON, Markus BUCHHEIT

Proposal for a regulation
Recital 39

(39) To drive consumers towards more sustainable choices, labels should, when required by the delegated acts adopted pursuant to this Regulation, provide information allowing for the effective comparison of products, for instance by indicating classes of performance, sustainability, reparability and environmental impact. Specifically for consumers, physical labels can be an additional source of information at the place of sale. They can provide a quick visual basis for consumers to distinguish between products based on their performance in relation to a specific product parameter or set of product parameters. They should, where appropriate, also allow for the accessing of additional information by bearing specific references like website addresses, dynamic QR codes, links to online labels or any appropriate consumer-oriented means. The Commission should set out in the relevant delegated act the most effective way of displaying such labels, including in the case of online distance selling, taking into account the implications for customers and economic operators and the characteristics of the products concerned. The Commission m~~ay also~~ust eventually require the label to be printed on the packaging of the product.

Amendment 142 #

Proposal for a regulation
Recital 39

(39) To drive consumers towards more sustainable choices, labels should, when required by the delegated acts adopted pursuant to this Regulation, provide information allowing for the effective comparison of products, for instance by indicating classes of performance and the location of the stages of manufacture. Specifically for consumers, physical labels can be an additional source of information at the place of sale. They can provide a quick visual basis for consumers to distinguish between products based on their performance in relation to a specific product parameter or set of product parameters. They should, where appropriate, also allow for the accessing of additional information by bearing specific references like website addresses, dynamic QR codes, links to online labels or any appropriate consumer-oriented means. The Commission should set out in the relevant delegated act the most effective way of displaying such labels, including in the case of online distance selling, taking into account the implications for customers and economic operators and the characteristics of the products concerned. The Commission may also require the label to be printed on the packaging of the product.

Amendment 143 #

Róża THUN UND HOHENSTEIN, Ivars IJABS, Sandro GOZI, Jordi CAÑAS, Morten LØKKEGAARD

Proposal for a regulation
Recital 41

(41) Consumers should be protected from misleading information that could hamper their choices for more sustainable products. For this reasons it should be prohibited to place on the market products bearing a label mimicking the labels provided for in this Regulation. On the other hand, displaying additional labels, such as EU Ecolabel or other existing type 1 - ecolabels, should not be seen as misleading.

Amendment 144 #

Proposal for a regulation
Recital 41

(41) Consumers should be protected from misleading information that could hamper their choices for more sustainable products. For thisese reasons it should be prohibited to place on the market products bearing a label mimicking the labels provided for in this Regulation or posing as new labels.

Amendment 145 #

Proposal for a regulation
Recital 43

(43) In addressing construction products, this Regulation should set requirements on final products only when the obligations created by [the revised Construction Products Regulation] and its implementation are unlikely to sufficiently achieve the environmental sustainability objectives pursued by this Regulation. In addition, wWhen formulating working plans, the Commission should take into account that, in continuation of current practice, [the revised Construction Products Regulation] will, in relation to energy- related products that are also construction products, give prevalence to sustainability requirements set under this Regulation. This should be the case for instance for heaters, boilers, heat pumps, water and space heating appliances, fans, cooling and ventilating systems and photovoltaic products (excluding building- integrated photovoltaic panels). For these products, [the revised Construction Products Regulation] may intervene in a complementary manner where needed, mainly in relation to safety aspects, also taking account of other Union legislation on products such as on gas appliances, low voltage, and machinery.

Amendment 146 #

Adriana MALDONADO LÓPEZ, Biljana BORZAN, Clara AGUILERA, Marc ANGEL, Maria GRAPINI, Maria-Manuel LEITÃO-MARQUES, Christel SCHALDEMOSE, René REPASI

Proposal for a regulation
Recital 48

(48) In order to avoid the destruction of unsold consumer products, where the destruction of such products is prevalent, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission to supplement this Regulation by prohibiting the destruction of such products. Given the wide range of products that may potentially be destroyed without ever being sold or used, it is necessary to establish such empowerment in this Regulation. However, the prohibition set in the delegated acts should apply to specific product groups to be determined based on an assessment by the Commission of the extent to which the destruction of such products takes place in practice, taking into account the information made available by economic operators where appropriate. To ensure that this obligation is proportionate, the Commission should consider specific exemptions under which destroying unsold consumer products may still be permitted, for instance in view of health and safety concerns. To monitor the effectiveness of this prohibition and to dis-incentivise circumvention, economic operators should be required to disclose the number of unsold consumer products destroyed and the reasons for their destruction under applicable exemptions. Finally, to avoid any undue administrative burden on SMEs, they should be exempted from the obligations to disclose their unsold discarded products and from the prohibition to discard specific products groups set in delegated acts. However, where there is reasonable evidence that SMEs may be used to circumvent those obligations, the Commission should be able to require, in those delegated acts, for some product groups, that these obligations also apply to micro, small or medium sized enterprises.

Amendment 147 #

Proposal for a regulation
Recital 48

(48) In order to avoid the destruction of unsold consumer products, where the destruction of such products is prevalent, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission to supplement this Regulation by prohibiting the destruction of such products. Given the wide range of products that may potentially be destroyed without ever being sold or used, it is necessary to establish such empowerment in this Regulation. ~~However, t~~The prohibition set in the delegated acts should in principle apply to specific all product groups ~~to be determined based on an assessment by the Commission of the extent to~~as an overall horizontal requirement. The Commission may consider specific targeted and limited exemptions in delegated acts under which ~~the~~ destruction of such products takes place in practice, taking into account the information made available by economic operators where appropriate. To ensure that this obligation is proportionate, the Commission should consider specific exemptions under which destroying unsold consumer products may still be permitted, for instance in view of health and safety concoying unsold consumer products for specific groups may still be permitted, only when there are well justified and evidence based health and safety concerns, and if these concerns would cause damage when the product is handled by a professional, such as second-hand economic operators, remanufacturers or recyclerns. To monitor the effectiveness of this prohibition and to dis-incentivise circumvention, economic operators should be required to disclose the number of unsold consumer products destroyed and the reasons for their destruction under applicable exemptions. Finally, to avoid any undue administrative burden on SMEs, they should be exempted from the obligations to disclose their unsold discarded products and from the prohibition to discard specific products groups set in delegated acts. However, where there is reasonable evidence that SMEs may be used to circumvent those obligations, the Commission should be able to require, in those delegated acts, for some product groups, that these obligations also apply to micro, small or medium sized enterprises.

Amendment 148 #

Adriana MALDONADO LÓPEZ, Biljana BORZAN, Clara AGUILERA, Marc ANGEL, Brando BENIFEI, Maria GRAPINI, Maria-Manuel LEITÃO-MARQUES, Christel SCHALDEMOSE, René REPASI

Proposal for a regulation
Recital 48

(48) In order to avoid the destruction of unsold consumer products, where the destruction of such products is prevalent, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission to supplement this Regulation by prohibiting the destruction of such products. Given the wide range of products that may potentially be destroyed without ever being sold or used, it is necessary to establish such empowerment in this Regulation. However, the prohibition set in the delegated acts should apply to specific product groups to be determined based on an assessment by the Commission of the extent to which the destruction of such products takes place in practice, taking into account the information made available by economic operators where appropriate. To ensure that this obligation is proportionate, the Commission should consider specific exemptions under which destroying unsold consumer products may still be permitted, for instance in view of health, hygiene and safety concerns. To further ensure proportionality, the Commission should provide for sufficient transition times so that economic operators can prepare for and adapt to the delegated act. To monitor the effectiveness of this prohibition and to dis-incentivise circumvention, economic operators should be required to disclose the number of unsold consumer products destroyed and the reasons for their destruction under applicable exemptions. Finally, to avoid any undue administrative burden on SMEs, they should be exempted from the obligations to disclose their unsold discarded products and from the prohibition to discard specific products groups set in delegated acts. However, where there is reasonable evidence that SMEs may be used to circumvent those obligations, the Commission should be able to require, in those delegated acts, for some product groups, that these obligations also apply to micro, small or medium sized enterprises.

Amendment 149 #

Proposal for a regulation
Recital 57

(57) Any importer or distributor that either places on the market a product covered by a delegated act adopted pursuant to this Regulation under the importer’s or distributor’s own name or trademark, or modifies such a product in such a way that compliance with this Regulation or with the relevant delegated act might be affected, should be considered to be the manufacturer and should assume the manufacturer’s obligations. Second- hand economic operators who make available on the market second-hand products or components, whether prepared for re-use, checked, cleaned, repaired, refurbished or without any action on the product should not be considered modifying a product in a way that compliance with this Regulation or with the relevant delegated act might be affected.

Amendment 150 #

Adriana MALDONADO LÓPEZ, Biljana BORZAN, Clara AGUILERA, Marc ANGEL, Brando BENIFEI, Maria GRAPINI, Maria-Manuel LEITÃO-MARQUES, Christel SCHALDEMOSE, René REPASI

Proposal for a regulation
Recital 57 a (new)

(57 a) Second-hand sectors, including refurbishment, play a specific role to promote sustainable consumption patterns and in the development of circular business models. Due to the specificities of those sectors, the role of second-hand economic operators along the value chain and related obligations must be distinguished from the ones applying to manufacturers, authorised representatives, importers, distributors or dealers of new products by specifying what should be the rules applicable to them.

Amendment 151 #

Adriana MALDONADO LÓPEZ, Biljana BORZAN, Clara AGUILERA, Marc ANGEL, Brando BENIFEI, Maria GRAPINI, Maria-Manuel LEITÃO-MARQUES, Christel SCHALDEMOSE, René REPASI

Proposal for a regulation
Recital 57 b (new)

(57 b) Second-hand economic operators have no control over the original design of the product, nor do they have access to the product information, such as technical documentation, covered by the delegated acts adopted pursuant to this Regulation. Second-hand economic operators should be responsible for the product’s compliance with information requirements only when the information has been made publicly available to them by a prior economic operator in the chain. Second-hand economic operators cannot be held responsible for the original product’s compliance with performance requirements after it has been repaired, refurbished or has undergone normal maintenance before being made available again on the market. If a second-hand economic operator replaces a component, consumable or spare part of a second- hand product with a new component, consumable or spare part, it should be liable for the compliance of that specific component, consumable or spare part, with ecodesign requirements under this regulation and subsequent delegated acts.

Amendment 152 #

Adriana MALDONADO LÓPEZ, Biljana BORZAN, Clara AGUILERA, Marc ANGEL, Maria GRAPINI, Maria-Manuel LEITÃO-MARQUES, Christel SCHALDEMOSE, René REPASI

Proposal for a regulation
Recital 58

(58) Online marketplaces play a crucial role in the supply chain, allowing economic operators to reach a large number of customers. Given their important role in intermediating the sale of products between economic operators and customers, online marketplaces should take responsibility for addressing the sale of products that do not comply with ecodesign requirements and should cooperate with market surveillance authorities. Given that a big part of non- compliant sales with EU legislation are related to third-party traders on online marketplaces, obligations established by this Regulation should apply to platforms where suppliers can place advertisement social media services, otherwise consumers could be confronted with misleading advertisement for products in the scope of this Regulation. Directive 2000/31/EC of the European Parliament and of the Council72 provides the general framework for e- commerce and lays down certain obligations for online platforms. Regulation […/…] on a Single Market for Digital Services (Digital Services Act) and amending Directive 2000/31/EC73 regulates the responsibility and accountability of providers of intermediary services online with regard to illegal content, including products that do not comply with ecodesign requirements. Building on this general framework, specific requirements to effectively address the sale of non-compliant products online should be brought in. _________________ 72 Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (‘Directive on electronic commerce’) (OJ L 178, 17.7.2000, p. 1). 73 [Add reference when adopted Proposal for a regulation of the European Parliament and of the Council on a Single Market For Digital Services (Digital Services Act) and amending Directive 2000/31/EC (COM(2020)825 final)].

Amendment 153 #

Adriana MALDONADO LÓPEZ, Biljana BORZAN, Clara AGUILERA, Marc ANGEL, Brando BENIFEI, Maria GRAPINI, Maria-Manuel LEITÃO-MARQUES, Christel SCHALDEMOSE, René REPASI

Proposal for a regulation
Recital 87

(87) Public procurement amounts to 14% of the Union’s GDP. To contribute to the objective of reaching climate neutrality, improving energy and resource efficiency and transitioning to a circular economy that protects public health and biodiversity, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission to require , where appropriate, contracting authorities and entities as defined in Directive 2014/24/EU78 and 2014/25/EU79 of the European Parliament and of the Council, to align their procurement with specific green public procurement criteria or targets, to be set out in the delegated acts adopted pursuant to this Regulation. The criteria or targets set by delegated acts for specific product groups should be complied with not only when directly procuring those products in public supply contracts but also in public works or public services contracts where those products will be used for activities constituting the subject matter of those contracts. Compared to a voluntary approach, mandatory criteria or targets will ensure that the leverage of public spending to boost demand for better performing products is maximised. The criteria should be transparent, objective and non-discriminatory. _________________ 78 Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement and repealing Directive 2004/18/EC (OJ L 94, 28.3.2014, p. 65). 79 Directive 2014/25/EU of the European Parliament and of the Council of 26 February 2014 on procurement by entities operating in the water, energy, transport and postal services sectors and repealing Directive 2004/17/EC (OJ L 94, 28.3.2014, p. 243).deleted

Amendment 154 #

Proposal for a regulation
Recital 88

(88) Effective enforcement of ecodesign requirements is essential to ensure equal competition in the Union market and to ensure that this Regulation’s expected benefits and contribution to achieving the Union’s climate, energy and circularity objectives are achieved. Therefore, Regulation (EU) 2019/1020 setting out a horizontal framework for market surveillance and control of products entering the Union market should apply to products for which ecodesign requirements are set pursuant to this Regulation, in so far as there are no specific provisions with the same objective, nature or effect in this Regulation. In addition, to lower the problematic levels of non-compliance of products covered by implementing measures adopted under Directive 2009/125/EC, to better prevent non- compliance with future ecodesign requirements, and taking account of the broader scope and increased ambition of this Regulation compared to Directive 2009/125/EC, this Regulation should contain specific additional rules complemting the framework created by Regulation (EU) 2019/1020. Those specific additional rules should be aimed at further strengthening the planning, coordination and support of Member State efforts and should provide additional tools for the Commission to ensure sufficient action is taken by market surveillance authroties to prevent non-compliance with ecodesign requirements and re-establish conformity where relevant.

Amendment 155 #

Adriana MALDONADO LÓPEZ, Biljana BORZAN, Clara AGUILERA, Marc ANGEL, Brando BENIFEI, Maria GRAPINI, Maria-Manuel LEITÃO-MARQUES, Christel SCHALDEMOSE, René REPASI

Proposal for a regulation
Recital 95

(95) To support Member States in their efforts to ensure sufficient action is taken to prevent non-compliance with ecodesign requirements, the Commission should, where relevant, make use of the support measures provided for in Regulation (EU) 2019/1020. The Commission should organise and, where appropriate finance, joint market surveillance and testing projects in areas of common interest, joint investments in market surveillance capacities and common trainings for the staff of market surveillance authorities, notifying authorities and notified bodies. In addition, the Commission should draw up guidelines on how to apply and enforce ecodesign requirements ~~where necessary~~ to ensure their harmonised application.

Amendment 156 #

Adriana MALDONADO LÓPEZ, Biljana BORZAN, Clara AGUILERA, Marc ANGEL, Maria GRAPINI, Maria-Manuel LEITÃO-MARQUES, Christel SCHALDEMOSE, René REPASI

Proposal for a regulation
Recital 105 a (new)

(105 a)There are well-established already existing officially recognised EN ISO 14024 ecolabels in many Member States, well-known and with high confidence among the consumers. Therefore new labels should only be introduced, as referred in Article 7 (6) and Article 14, if there do not already exist such ecolabels for the product group.

Amendment 157 #

Proposal for a regulation
Article 1 – paragraph 1 – subparagraph 1 – introductory part

This Regulation establishes a framework to improve the social environmental sustainability of products and digital services and to ensure free movement in the internal market by setting ecodesign requirements that products and digital services shall fulfil to be placed on the market or put into service. Those ecodesign requirements, which shall be further elaborated by the Commission in delegated acts, relate to:

Amendment 158 #

Proposal for a regulation
Article premier – paragraph 1 – subparagraph 1 – introductory part

This Regulation establishes a framework to improve the environmental sustainability and social impact of products and to ensure free movement in the internal market by setting ecodesign requirements that products shall fulfil to be placed on the market or put into service. Those ecodesign requirements, which shall be further elaborated by the Commission in delegated acts, relate to:

Amendment 159 #

Proposal for a regulation
Article premier – paragraph 1 – subparagraph 1 – point h a (new)

(h a) social impact of the product and compliance with international labour standards and ILO conventions throughout its value chain.

Amendment 160 #

Proposal for a regulation
Article 1 – paragraph 1 – subparagraph 2

This Regulation also establishes a digital product passport (‘product passport’)~~, provides for the setting of mandatory green public procurement criteria~~ and creates a framework to prevent unsold consumer products from being destroyed.

Amendment 161 #

Jean-Lin LACAPELLE, Virginie JORON, Markus BUCHHEIT

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

(1) This Regulation complements Regulation (EC) No 1007/2011 to allow digital labels in addition to mandatory textile labels.

Amendment 162 #

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

(a a) defence-related products as defined in the Annex to Directive 2009/43/EC

Amendment 163 #

Adriana MALDONADO LÓPEZ, Biljana BORZAN, Clara AGUILERA, Marc ANGEL, Maria GRAPINI, Maria-Manuel LEITÃO-MARQUES, Christel SCHALDEMOSE, René REPASI

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

(g a) works of art, collectors’ items and antiques;

Amendment 164 #

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

(1 a) 'digital service' means: (a) a service that allows the consumer to create, process, store or access data in digital form, or (b) a service that allows the sharing of or any other interaction with data in digital form uploaded or created by the consumer or other users of that service.

Amendment 165 #

Jean-Lin LACAPELLE, Virginie JORON, Markus BUCHHEIT

Proposal for a regulation
Article 2 – paragraph 1 – point 9 a (new)

(9 a) 'Reparability score' means a rating intended to be made known to consumers at the time of purchase of new equipment expressing the capacity of a good to be repaired, based on a methodology established in accordance with EU law

Amendment 166 #

Proposal for a regulation
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 #

Adriana MALDONADO LÓPEZ, Biljana BORZAN, Clara AGUILERA, Marc ANGEL, Brando BENIFEI, Maria GRAPINI, Maria-Manuel LEITÃO-MARQUES, Christel SCHALDEMOSE, René REPASI

Proposal for a regulation
Article 2 – paragraph 1 – point 17

(17) ‘upgrading’ means substantial enhancing of the functionality, performance, capacity or aesthetics of a product;

Amendment 168 #

Proposal for a regulation
Article 2 – paragraph 1 – point 17

(17) ‘upgrading’ means enhancing the functionality, performance, capacity, or ~~aesthetics~~safety of a product;

Amendment 169 #

Adriana MALDONADO LÓPEZ, Biljana BORZAN, Clara AGUILERA, Marc ANGEL, Maria GRAPINI, Maria-Manuel LEITÃO-MARQUES, Christel SCHALDEMOSE, René REPASI

Proposal for a regulation
Article 2 – paragraph 1 – point 17 a (new)

(17 a) ‘software update’ means either a conformity update or a functionality update, that is necessary to keep goods with digital elements, digital content and digital services in conformity in accordance with Directives (EU) 2019/770 and (EU) 2019/771;

Amendment 170 #

Adriana MALDONADO LÓPEZ, Biljana BORZAN, Clara AGUILERA, Marc ANGEL, Maria GRAPINI, Maria-Manuel LEITÃO-MARQUES, Christel SCHALDEMOSE, René REPASI

Proposal for a regulation
Article 2 – paragraph 1 – point 17 b (new)

(17 b) ‘conformity update’ means an operating system update, including security patches or bugs fixes, if relevant for a given device, whose purpose is to keep the good in conformity, by providing enhanced security or corrective measures for the device;

Amendment 171 #

Adriana MALDONADO LÓPEZ, Biljana BORZAN, Clara AGUILERA, Marc ANGEL, Maria GRAPINI, Maria-Manuel LEITÃO-MARQUES, Christel SCHALDEMOSE, René REPASI

Proposal for a regulation
Article 2 – paragraph 1 – point 17 c (new)

(17 c) ‘functionality update’ means an operating system update that is not necessary to keep the device inconformity and whose purpose is to improve current functionalities and/or implement new functionalities;

Amendment 172 #

Adriana MALDONADO LÓPEZ, Biljana BORZAN, Clara AGUILERA, Marc ANGEL, Maria GRAPINI, Maria-Manuel LEITÃO-MARQUES, Christel SCHALDEMOSE, Brando BENIFEI, René REPASI

Proposal for a regulation
Article 2 – paragraph 1 – point 18

(18) ‘refurbishment’ means ~~preparing or modifying~~testing, and where necessary performing repair and maintenance, as well as deleting data connected to the previous use, including personal data, in case of electronic devices, an object that is waste or a second- hand product to restore its ~~performance or~~ functionality within the intended use, ~~range of performance and maintenance~~ originally conceived at the design stage before making it available on the market, or to meet applicable technical standards ~~or regulatory requirements, with~~. Refurbishment may also include improving the raes~~ult of making a fully functional~~thetics of the product;

Amendment 173 #

Proposal for a regulation
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 174 #

Proposal for a regulation
Article 2 – paragraph 1 – point 18

(18) ‘refurbishment’ means preparing or modifying an object that is waste or a product to restore its performance or functionality within the intended use, range of performance and maintenance originally conceived at the design stage, or to meet ~~applicable~~ technical standards or regulatory requirements applicable when the product was first placed on the market, with the result of making a fully functional product;

Amendment 175 #

Proposal for a regulation
Article 2 – paragraph 1 – point 20

(20) ‘repair’ means ~~return~~bringing a defective product or waste to a condition where it fulfils its intended use;

Amendment 176 #

Adriana MALDONADO LÓPEZ, Biljana BORZAN, Clara AGUILERA, Marc ANGEL, Brando BENIFEI, Maria GRAPINI, Maria-Manuel LEITÃO-MARQUES, Christel SCHALDEMOSE, René REPASI

Proposal for a regulation
Article 2 – paragraph 1 – point 20

(20) ‘repair’ means returning a defective product ~~or waste~~ to a condition where it fulfils its intended use;

Amendment 177 #

Proposal for a regulation
Article 2 – paragraph 1 – point 21

(21) ‘durability’ means the ability of a product to function a~~s required, under specified~~nd maintain for a certain period of time its required function and performance, under normal conditions of use, maintenance and repair, until a limiting event prevents its functioning;

Amendment 178 #

Adriana MALDONADO LÓPEZ, Biljana BORZAN, Clara AGUILERA, Marc ANGEL, Brando BENIFEI, Maria GRAPINI, Maria-Manuel LEITÃO-MARQUES, Christel SCHALDEMOSE, René REPASI

Proposal for a regulation
Article 2 – paragraph 1 – point 37

(37) ‘unsold consumer product’ means any consumer product that has not been sold, including surplus, excessive inventory, overstock, deadstock and samples, or that has been returned by a consumer in view of their right of withdrawal in accordance with Article 9 of Directive (EU) 2011/83/EU;

Amendment 179 #

Proposal for a regulation
Article 2 – paragraph 1 – point 37

(37) ‘unsold consumer product’ means any consumer product ~~that has not been~~fit for consumption or sale, including any unused consumer product that was sold or that hwas ~~been~~ returned by a consumer ~~in view of their right of withdrawal~~after a sales contract has been terminated in accordance with ~~Article 9 of~~ Directive (EU) 201~~1/83/EU~~9/771;

Amendment 180 #

Ivars IJABS, Andrus ANSIP, Vlad-Marius BOTOŞ, Dita CHARANZOVÁ, Svenja HAHN, Morten LØKKEGAARD, Catharina RINZEMA

Proposal for a regulation
Article 2 – paragraph 1 – point 37

(37) ‘unsold consumer product’ means any consumer product that has not been sold or unused consumer product that has been returned by a consumer in view of their right of withdrawal in accordance with Article 9 of Directive (EU) 2011/83/EU;

Amendment 181 #

Proposal for a regulation
Article 2 – paragraph 1 – point 37

Amendment 182 #

Proposal for a regulation
Article 2 – paragraph 1 – point 45

Amendment 183 #

Adriana MALDONADO LÓPEZ, Biljana BORZAN, Clara AGUILERA, Marc ANGEL, Brando BENIFEI, Maria GRAPINI, Maria-Manuel LEITÃO-MARQUES, Christel SCHALDEMOSE, René REPASI

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;

Amendment 184 #

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

(46 a) ‘Second-hand economic operator’ means an economic operator who makes second-hand products or components, available on the market, including the preparation for re-use, refurbishing.

Amendment 185 #

Proposal for a regulation
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 fulfilled~~conformity 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

(53) ‘conformity assessment body’ means a ~~body that performs~~ conformity assessment a~~ctivities including calibration, testing, certification and inspection~~s defined in Article 2(13) of Regulation (EC) No 765/2008;

Amendment 187 #

Adriana MALDONADO LÓPEZ, Biljana BORZAN, Clara AGUILERA, Marc ANGEL, Brando BENIFEI, Maria GRAPINI, Maria-Manuel LEITÃO-MARQUES, Christel SCHALDEMOSE, René REPASI

Proposal for a regulation
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 188 #

Proposal for a regulation
Article 2 – paragraph 1 – point 55

(55) ‘online marketplace’ means a provider of an intermediary service using ~~software, including a website, part of a website or an application, that~~an online interface which allows customers to conclude distance contracts with economic operators for the sale of products covered by delegated acts adopted pursuant to Article 4;

Amendment 189 #

Adriana MALDONADO LÓPEZ, Biljana BORZAN, Clara AGUILERA, Marc ANGEL, Brando BENIFEI, Maria GRAPINI, Maria-Manuel LEITÃO-MARQUES, Christel SCHALDEMOSE, René REPASI

Proposal for a regulation
Article 2 – paragraph 1 – point 55 a (new)

(55 a) 'online interface' means any software, including a website, part of a website or an application, including mobile applications;

Amendment 190 #

Proposal for a regulation
Article 2 – paragraph 1 – point 58

(58) ‘product presenting a risk’ means a product that, by not complying with a requirement set out in or pursuant to this Regulation other than those listed in Article 65(1), may adversely affect the environment or other public interests protected by that requirement;deleted

Amendment 191 #

Proposal for a regulation
Article 2 – paragraph 1 – point 59

(59) ‘product presenting a serious risk’ means a product presenting a risk for which, based on an assessment, the degree of the relevant non-compliance or the associated harm is considered to require rapid intervention by the market surveillance authorities, including cases where the effects of the non-compliance are not immediate.deleted

Amendment 192 #

Ivars IJABS, Andrus ANSIP, Vlad-Marius BOTOŞ, Dita CHARANZOVÁ, Svenja HAHN, Morten LØKKEGAARD, Catharina RINZEMA

Proposal for a regulation
Article 2 – paragraph 1 – point 59

Amendment 193 #

Adriana MALDONADO LÓPEZ, Biljana BORZAN, Clara AGUILERA, Marc ANGEL, Brando BENIFEI, Maria GRAPINI, Maria-Manuel LEITÃO-MARQUES, Christel SCHALDEMOSE, René REPASI

Proposal for a regulation
Article 2 – paragraph 1 – point 59

Amendment 194 #

Proposal for a regulation
Article 2 – paragraph 1 – point 59 a (new)

(59 a) Life cycle cost means an approach that assesses the total cost of an asset over its operational life cycle, including initial capital costs, maintenance costs and operating costs.

Amendment 195 #

(59 a) "professional repairer" means an operator or undertaking which provides services of repair and professional maintenance

Amendment 196 #

Proposal for a regulation
Article 2 – paragraph 1 – point 59 a (new)

(59 a) "renewability" means the ability for a natural resource to replenish and recover over time

Amendment 197 #

Proposal for a regulation
Article 2 – paragraph 1 – point 59 b (new)

(59 b) "professional repairer" means an operator or undertaking which provides professional repair and maintenance services.

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 199 #

Proposal for a regulation
Article 3 – paragraph 2

2. 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. Member States shall not prohibit, restrict or impede the placing on the market or putting into service of products that comply with the information requirements set out in delegated acts adopted pursuant to Article 4 for reasons of non-compliance with national information requirements relating to product parameters referred to in Annex I covered by information requirements included such delegated act.deleted

Amendment 200 #

Proposal for a regulation
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 reason~~on 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 201 #

Adriana MALDONADO LÓPEZ, Biljana BORZAN, Clara AGUILERA, Maria GRAPINI, Maria-Manuel LEITÃO-MARQUES, Christel SCHALDEMOSE, René REPASI

Proposal for a regulation
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 202 #

Proposal for a regulation
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 203 #

Adriana MALDONADO LÓPEZ, Biljana BORZAN, Clara AGUILERA, Maria GRAPINI, Maria-Manuel LEITÃO-MARQUES, Christel SCHALDEMOSE, René REPASI

Proposal for a regulation
Article 3 – paragraph 2 – subparagraph 2

Member States shall not prohibit, restrict or impede the placing on the market or putting into service of products ~~that comply with the information requirements set out in delegated acts adopted pursuant to Article 4~~ for reasons of non-compliance with national information requirements relating to product parameters referred to in Annex I ~~covered by information requirements included such delegated act~~.

Amendment 204 #

Proposal for a regulation
Article 3 – paragraph 4

4. Member States shall not prohibit, restrict or impede the placing on the market or putting into service of products on grounds of non-compliance with national requirements relating to product parameters referred to in Annex I, for which a delegated act adopted pursuant to Article 4 provides that no performance, no information or neither performance nor information requirements are necessary.deleted

Amendment 205 #

Proposal for a regulation
Article 3 – paragraph 4

Amendment 206 #

Adriana MALDONADO LÓPEZ, Biljana BORZAN, Clara AGUILERA, Marc ANGEL, Brando BENIFEI, Maria GRAPINI, Maria-Manuel LEITÃO-MARQUES, Christel SCHALDEMOSE, René REPASI

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.

Amendment 207 #

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, especially for second-hand products, if they were placed or made available on the market before the entry into force of this Regulation or of the relevant Delegated Act.

Amendment 208 #

Proposal for a regulation
Article 4 – paragraph 1

The Commission is empowered to adopt ~~delegated~~implementing 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 209 #

Róża THUN UND HOHENSTEIN, Ivars IJABS, Dita CHARANZOVÁ, Svenja HAHN, Andrus ANSIP, Jordi CAÑAS, Morten LØKKEGAARD

Proposal for a regulation
Article 4 – paragraph 2

When establishing ecodesign requirements in delegated acts referred to in the first subparagraph, the Commission shall also supplement this Regulation by specifying the applicable conformity assessment procedures from among the modules set out in Annex IV to this Regulation and Annex II to Decision No 768/2008/EC, with the adaptations necessary in view of the product or ecodesign requirements concerned, in accordance with Article 36. The economic operators shall be provided with sufficient time to prepare for the implementation of new requirements.

Amendment 210 #

When establishing ecodesign requirements in delegated acts referred to in the first subparagraph, the Commission shall also supplement this Regulation by specifying the applicable conformity assessment procedures from among the modules set out in Annex IV to this Regulation and Annex II to Decision No 768/2008/EC, with the adaptations necessary, and including a risk assessment approach, in view of the product or ecodesign requirements concerned, in accordance with Article 36.

Amendment 211 #

Proposal for a regulation
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);deleted

Amendment 212 #

Proposal for a regulation
Article 4 – paragraph 3 – point a

Amendment 213 #

Proposal for a regulation
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 214 #

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

Amendment 215 #

Proposal for a regulation
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 216 #

Proposal for a regulation
Article 4 – paragraph 3 – point d

Amendment 217 #

Proposal for a regulation
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

(f) specifying alternative rules on the declaration of conformity or markings indicating conformity with ecodesign requirements by way of derogation from Articles 37 and 39, in accordance with Article 40;deleted

Amendment 219 #

Proposal for a regulation
Article 4 – paragraph 3 – point f

(f) specifying alternative rules on the conformity assessment, declaration of conformity or markings indicating conformity with ecodesign requirements or exempting markings by way of derogation from Articles 36, 37 and 39, in accordance with Article 40;

Amendment 220 #

Adriana MALDONADO LÓPEZ, Biljana BORZAN, Clara AGUILERA, Marc ANGEL, Brando BENIFEI, Maria GRAPINI, Maria-Manuel LEITÃO-MARQUES, Christel SCHALDEMOSE, René REPASI

Proposal for a regulation
Article 4 – paragraph 3 – point h

(h) establishing requirements applicable to public contracts, including implementation, monitoring and reporting of those requirements by Member States. Those requirements shall be based on the product parameters referred to in Annex I and established in accordance with Article 58.deleted

Amendment 221 #

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

(h a) specifying rules to provide for longer period for the legal guarantee of conformity based on the product parameters referred to in Annex I, point (a).

Amendment 222 #

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

(h a) Delegated acts referred to in the first paragraph shall apply at the earliest 24 months after the entry into force of that delegated act.

Amendment 223 #

Adriana MALDONADO LÓPEZ, Biljana BORZAN, Clara AGUILERA, Marc ANGEL, Brando BENIFEI, Maria GRAPINI, Maria-Manuel LEITÃO-MARQUES, Christel SCHALDEMOSE, René REPASI

Proposal for a regulation
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 224 #

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

(h b) establishing due diligence obligations for economic operators with regard to the environmental and social impacts referred to in paragraph 1(m) of Article 5.

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 226 #

Adriana MALDONADO LÓPEZ, Biljana BORZAN, Clara AGUILERA, Marc ANGEL, Brando BENIFEI, Maria GRAPINI, Maria-Manuel LEITÃO-MARQUES, Christel SCHALDEMOSE, René REPASI

Proposal for a regulation
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, establish ecodesign requirements to improve the following product aspects assessed in combination considering possible interdependencies:

Amendment 227 #

Proposal for a regulation
Article 5 – paragraph 1 – introductory part

Amendment 228 #

Proposal for a regulation
Article 5 – paragraph 1 – introductory part

Amendment 229 #

Proposal for a regulation
Article 5 – paragraph 1 – point b

~~(b) reliability;~~deleted

Amendment 230 #

Proposal for a regulation
Article 5 – paragraph 1 – point f

(f) possibility of maintenance ~~and refurbishment~~;

Amendment 231 #

Proposal for a regulation
Article 5 – paragraph 1 – point m a (new)

(m a) social impacts, including compliance with international rules on labour rights and ILO conventions;

Amendment 232 #

Proposal for a regulation
Article 5 – paragraph 1 – point n – indent 1 (new)

- (o) products' renewability content;

Amendment 233 #

Adriana MALDONADO LÓPEZ, Biljana BORZAN, Clara AGUILERA, Marc ANGEL, Brando BENIFEI, Maria GRAPINI, Maria-Manuel LEITÃO-MARQUES, Christel SCHALDEMOSE, René REPASI

Proposal for a regulation
Article 5 – paragraph 1 – point n – indent 2 (new)

- (p) renewable raw material used in products;

Amendment 234 #

Proposal for a regulation
Article 5 – paragraph 1 – point n a (new)

(n a) compliance with new legislation on social and labour standards along the value chain;

Amendment 235 #

Proposal for a regulation
Article 5 – paragraph 1 – point n a (new)

(n a) the impact of software upgrades on the product

Amendment 236 #

Proposal for a regulation
Article 5 – paragraph 2 – subparagraph 1

Ecodesign requirements shall be established for a specific product type or where possible product group.

Amendment 237 #

Adriana MALDONADO LÓPEZ, Biljana BORZAN, Clara AGUILERA, Marc ANGEL, Brando BENIFEI, Maria GRAPINI, Maria-Manuel LEITÃO-MARQUES, Christel SCHALDEMOSE, René REPASI

Proposal for a regulation
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 238 #

Proposal for a regulation
Article 5 – paragraph 2 – subparagraph 3

A horizontal ecodesign requirement established pursuant to the second subparagraph may cover products falling in the scope of a self-regulation measure established as a valid alternative pursuant to Article 18(3), where the Commission considers that that self-regulation measure does not address the product aspect covered by that horizontal ecodesign requirement.deleted

Amendment 239 #

Proposal for a regulation
Article 5 – paragraph 2 – subparagraph 3

A horizontal ecodesign requirement established pursuant to the second subparagraph may, in well-justified cases, cover products falling in the scope of a self-regulation measure established as a valid alternative pursuant to Article 18(3), where the Commission considers, following an assessment and following consultation with relevant Union decentralised agencies, that that self- regulation measure does not sufficiently, address the product aspect covered by that horizontal ecodesign requirement.

Amendment 240 #

Proposal for a regulation
Article 5 – paragraph 4 – introductory part

4. When preparing ecodesign requirements, the Commission shall ensure harmonisation and avoid conflicting or duplicating equirements, and shall:

Amendment 241 #

Ivars IJABS, Andrus ANSIP, Vlad-Marius BOTOŞ, Dita CHARANZOVÁ, Svenja HAHN, Morten LØKKEGAARD, Catharina RINZEMA

Proposal for a regulation
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 overregulation;

Amendment 242 #

Proposal for a regulation
Article 5 – paragraph 4 – point a – point ii

(ii) relevant Union legislation, including the extent to which it addresses the relevant product aspects listed in paragraph 1, to ensure harmonisation and avoid duplication or overlaps of regulation;

Amendment 243 #

Proposal for a regulation
Article 5 – paragraph 4 – point a – point v

(v) relevant European and international standards that are widely used or mandatory product-specific standards;

Amendment 244 #

Adriana MALDONADO LÓPEZ, Biljana BORZAN, Clara AGUILERA, Marc ANGEL, Brando BENIFEI, Maria GRAPINI, Maria-Manuel LEITÃO-MARQUES, Christel SCHALDEMOSE, René REPASI

Proposal for a regulation
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 245 #

Proposal for a regulation
Article 5 – paragraph 4 – point a – point v a (new)

(v a) consider the interdependence between different parameters of a product;

Amendment 246 #

Proposal for a regulation
Article 5 – paragraph 4 – point a – point v a (new)

(v a) appropriate consultations, including at expert level.

Amendment 247 #

Proposal for a regulation
Article 5 – paragraph 4 – point a a (new)

(a a) consider the interdependencies between different parameters of a product.

Amendment 248 #

Proposal for a regulation
Article 5 – paragraph 4 – point a b (new)

(a b) run a clear lifecycle and circularity analysis to assess the appropriateness of performance requirements

Amendment 249 #

Proposal for a regulation
Article 5 – paragraph 4 – point a c (new)

(a c) assess the different parameters based on a weighted aggregated evaluation system to set a single minimum environmental requirement.

Amendment 250 #

Proposal for a regulation
Article 5 – paragraph 4 – point b

(b) carry out an impact assessment ~~based on best available evidence and analyses, and~~using a standardised, comprehensive and scientific approach as appropriate on additional studies and research results produced under European funding programmes. In doing so, the Commission shall ensure that the depth of analysis of the product aspects listed in paragraph 1 is proportionate to their significance. The establishment of ecodesign requirements on the most significant aspects of a product among those listed in paragraph 1 shall not be unduly delayed by uncertainties regarding the possibility to establish ecodesign requirements to improve other aspects of that product;

Amendment 251 #

Proposal for a regulation
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, and technical screening criteria adopted pursuant to Regulation (EU) 2020/852 ~~and green public procurement criteria~~;

Amendment 252 #

Róża THUN UND HOHENSTEIN, Ivars IJABS, Dita CHARANZOVÁ, Andrus ANSIP, Sandro GOZI, Jordi CAÑAS, Morten LØKKEGAARD

Proposal for a regulation
Article 5 – paragraph 5 – point a

(a) there shall be no significant negative impact on the functionality and safety of the product, from the perspective of the user;

Amendment 253 #

Ivars IJABS, Andrus ANSIP, Vlad-Marius BOTOŞ, Dita CHARANZOVÁ, Svenja HAHN, Morten LØKKEGAARD, Catharina RINZEMA

Proposal for a regulation
Article 5 – paragraph 5 – point a

(a) there shall be no significant negative impact on the functionality or safety of the product, from the perspective of the user;

Amendment 254 #

Proposal for a regulation
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 255 #

Proposal for a regulation
Article 5 – paragraph 5 – point f a (new)

(f a) Both repairers and consumers shall be provided with spare parts of equivalent or higher quality than the original parts, accessible within a reasonable time and at a reasonable cost in relation to the price of the product at the time of its purchase.

Amendment 256 #

Proposal for a regulation
Article 5 – paragraph 6 – point a

(a) provide, upon request, manufacturers, notified bodies and competent national authorities with ~~available~~ information ~~related~~available to their suppl~~ies or services that is relevant in order to verify compliance with ecodesign requirements~~y chain actor in accordance with the Digital Product Passport of the product category in question, according to Article 8;

Amendment 257 #

(a a) to provide, on request, to notified bodies, non-governmental organisations and competent national authorities the available information on compliance with international labour rules and wage practices in the supply chain

Amendment 258 #

Adriana MALDONADO LÓPEZ, Biljana BORZAN, Clara AGUILERA, Marc ANGEL, Brando BENIFEI, Maria GRAPINI, Maria-Manuel LEITÃO-MARQUES, Christel SCHALDEMOSE, René REPASI

Proposal for a regulation
Article 5 – paragraph 6 a (new)

6 a. Supply chain actors shall ensure that necessary information is provided to enable the economic operators to comply with the performance and information requirements set out by Article 6 and 7 of this Ecodesign Framework Regulation and subsequent product specific delegated acts.

Amendment 259 #

Proposal for a regulation
Article 5 – paragraph 7

7. The Commission shall, where appropriate, identify appropriate means of verification for specific ecodesign requirements~~, including~~ directly on the product or on the basis of the technical documentation.

Amendment 260 #

Adriana MALDONADO LÓPEZ, Biljana BORZAN, Clara AGUILERA, Marc ANGEL, Brando BENIFEI, Maria GRAPINI, Maria-Manuel LEITÃO-MARQUES, Christel SCHALDEMOSE, René REPASI

Proposal for a regulation
Article 5 – paragraph 7 a (new)

7 a. Durability index 1.Information on product parameters referred to in point (a) of Annex I shall be displayed to consumers in a clear and visible way prior to the time of purchase pursuant to the requirements under Article 14 of this Regulation and shall ensure for consumers to easily compare the characteristics of products with regard to their durability. 2.By [2 years after entry into force], the Commission shall adopt a delegated act specifying the methodology and calculation methods to deploy a durability index and the classes of performance to be displayed.The delegated act shall also specify the product categories to which it will apply. 3. In addition to the requirements of paragraph 1 of this Article, distributors and dealers, as applicable, shall provide consumers with clear and easy-to- understand information prior to the time of purchase on the guaranteed lifetime of a product. This label shall include as a minimum the information of the length of the legal guarantee of conformtiy and its voluntary extension by the manufacturer.

Amendment 261 #

Adriana MALDONADO LÓPEZ, Biljana BORZAN, Clara AGUILERA, Marc ANGEL, Brando BENIFEI, Maria GRAPINI, Maria-Manuel LEITÃO-MARQUES, Christel SCHALDEMOSE, René REPASI

Proposal for a regulation
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 262 #

Proposal for a regulation
Article 5 – paragraph 8 a (new)

8 a. 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 the 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 the functionality of a product when using consumable or spare parts and its services through the use of software during maintenance or repair; (c) Downgrading or limiting the reparability or the functionality of the relevant product through the design of specific feature; (d) Providing conformity 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; 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 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 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 repairers, refurbishers and end-users; (c) Provide information on the availability and price of spare parts to relevant economic operators, including repairers, refurbishers and end-users; (d) For products with digital elements, provide software updates, including conformity/security updates, for the period of time that corresponds to consumers' expectations in accordance with Article 7 of Directive 2019/771.Conformity/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 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, when applicable, that the core functionality of a connected product can be de-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.

Amendment 263 #

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.

Amendment 264 #

Proposal for a regulation
Article 6 – paragraph 2 – point c

Amendment 265 #

Adriana MALDONADO LÓPEZ, Biljana BORZAN, Clara AGUILERA, Marc ANGEL, Brando BENIFEI, Maria GRAPINI, Maria-Manuel LEITÃO-MARQUES, Christel SCHALDEMOSE, René REPASI

Proposal for a regulation
Article 7 – paragraph 2 – point b – paragraph 1 – introductory part

as appropriate, require products to be accompanied by clear and understandable instructions on:

Amendment 266 #

Proposal for a regulation
Article 7 – paragraph 2 – point b – paragraph 1 – point i

(i) information on the performance of the product in relation to the product parameters referred to in Annex I. For product parameters referred to in points (a) and (b) of Annex I, the information shall be displayed in an easy-to- understand and clearly visible manner prior to the time of purchase, including in case of distance selling, pursuant to requirements under Article 14 of this Regulation;

Amendment 267 #

Adriana MALDONADO LÓPEZ, Biljana BORZAN, Clara AGUILERA, Marc ANGEL, Maria GRAPINI, Maria-Manuel LEITÃO-MARQUES, Christel SCHALDEMOSE, René REPASI

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

(ii) A leaflet laying out 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 268 #

Jean-Lin LACAPELLE, Virginie JORON, Markus BUCHHEIT

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);

Amendment 269 #

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

information for consumers and other end- users on the location of the stages of their manufacture;

Amendment 270 #

Proposal for a regulation
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 271 #

Proposal for a regulation
Article 7 – paragraph 6 – subparagraph 2 – introductory part

The required information shall, as appropriate, be provided in at least ~~one~~two of the following manners:

Amendment 272 #

Proposal for a regulation
Article 7 – paragraph 6 – subparagraph 2 – point d

(d) on a label referred to in Article 14 provided that there does not already exist an officially recognised EN ISO14024 type I ecolabel for the product group;

Amendment 273 #

Proposal for a regulation
Article 7 – paragraph 6 – subparagraph 2 – point d

(d) on a label referred to in Article 14; if there do not already exist officially recognised EN ISO 14024 type I ecolabels for the product group

Amendment 274 #

Proposal for a regulation
Article 7 – paragraph 6 – subparagraph 2 – point d

(d) on a label referred to in Article 14, including through energy performance, sustainability and reparability scores;

Amendment 275 #

Proposal for a regulation
Article 7 – paragraph 6 – subparagraph 2 – point f a (new)

(f a) in accordance with information provision measures established in the Directive (EU) 2019/882 European Accessibility Act.

Amendment 276 #

Adriana MALDONADO LÓPEZ, Biljana BORZAN, Clara AGUILERA, Marc ANGEL, Brando BENIFEI, Maria GRAPINI, Maria-Manuel LEITÃO-MARQUES, Christel SCHALDEMOSE, René REPASI

Proposal for a regulation
Article 7 – paragraph 7

7. The information to be supplied pursuant to information requirements shall be provided in a language which can be easily understood by consumers and other end-users, as determined by the Member State in which the product is to be made available on the market or put into service. When data is required from actors in the supply chain, industry standard guidelines should be established by the industry to ensure efficient and accurate transfer of information throughout the entire supply chain.

Amendment 277 #

Proposal for a regulation
Article 7 – paragraph 7

Amendment 278 #

Adriana MALDONADO LÓPEZ, Biljana BORZAN, Clara AGUILERA, Marc ANGEL, Brando BENIFEI, Maria GRAPINI, Maria-Manuel LEITÃO-MARQUES, Christel SCHALDEMOSE, René REPASI

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

7 a. Manufacturers, importers or authorised representative of products falling in the scope of this Regulation pursuant to article 1 shall meet the following requirements: 1.In order to improve the repairability of products, manufacturers shall: a. make spare parts easily available to repairers.Essential spare parts, as defined in standard EN45554, shall also be made available to end users; b.Manufacturers shall inform about the spare parts that they make available; c.Manufacturers shall provide access to repair and maintenance information to repairers and end users.The European Commission shall adopt delegated acts in accordance with Article 66 to supplement this Regulation by specifying the spare parts that shall be made available to repairers and end users, as well as the minimum period of time for the availability of such spare parts, depending on the characteristics of the product. 2.In the case of goods with digital elements, as defined in Directive (EU) 2019/771, the manufacturer, importer or authorised representative shall: a. ensure the availability of updates, including security updates, for the period of time that shall correspond to the expected lifespan of the product including the expectations of consumers given the type and purpose of the goods and the digital elements.The European Commission shall adopt delegated acts in accordance with Article 66 to supplement this Regulation by specifying the minimum period of time for the availability of software updates depending on the characteristics of the products. b. provide functionality and security updates separately.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 an update. c. ensure, where applicable, that the core functionality of a connected product can be de-connected to enable performance without software updates or internet connection, when such functionality does not depend on an internet connection. d. ensure that the user has the option to securely delete data from any data storage devices. 3. Manufacturers shall provide transparent information about products’ chemicals content.

Amendment 279 #

Adriana MALDONADO LÓPEZ, Biljana BORZAN, Clara AGUILERA, Marc ANGEL, Brando BENIFEI, Maria GRAPINI, Maria-Manuel LEITÃO-MARQUES, Christel SCHALDEMOSE, René REPASI

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

7 a. Products manufactured for a manufacturer's own use and put into service shall be excluded from the requirements established pursuant to this article.

Amendment 280 #

7 b. In order to avoid barriers to the free circulation of products, where possible, when establishing the layout and contents of the label, the Commission shall favour EU-wide labels that would not require any translation or adaptation to geographical specificities.

Amendment 281 #

Adriana MALDONADO LÓPEZ, Biljana BORZAN, Clara AGUILERA, Marc ANGEL, Brando BENIFEI, Maria GRAPINI, Maria-Manuel LEITÃO-MARQUES, Christel SCHALDEMOSE, René REPASI

Proposal for a regulation
Article 7 a (new)

Article 7 a Label on ecodesign features of digital services For digital services not incorporated or interconnected with a tangible movable item and regulated under a product- related delegated act, the Commission shall establish ecodesign criteria and methodology to distinguish providers engaging in ambitious ecodesign aspects fo their digital services, such as on energy and resource efficiency as well as carbon and environmental footprints. Such label should enable consumers, enterprises and public authorities to choose digital services with a view to sustainability and resources consumption reduction.

Amendment 282 #

Proposal for a regulation
Article 8 – paragraph 1

1. The information requirements referred to in Article 7(1) ~~shall~~may provide that products can only be placed on the market or put into service if a product passport is available in accordance with the applicable delegated act adopted pursuant to Article 4 and Articles 9 and 10.

Amendment 283 #

Proposal for a regulation
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 284 #

Proposal for a regulation
Article 8 – paragraph 2 – point d

~~(d) whether the product passport is to correspond to the model, batch, or item level;~~deleted

Amendment 285 #

Proposal for a regulation
Article 8 – paragraph 2 – point d

(d) whether the product passport is to correspond to the model, batch, shipping order or item level;

Amendment 286 #

Proposal for a regulation
Article 8 – paragraph 2 – point d

(d) whether the product passport is to correspond to the model, or batch, or ~~item~~ level;

Amendment 287 #

Proposal for a regulation
Article 8 – paragraph 2 – point e

(e) the manner in which the non- confidential information contained in the product passport shall be made accessible to customers before they are bound by a sales contract, including in case of distance selling, in line with Directive (EU) 2019/882 European Accessibility Act;

Amendment 288 #

Adriana MALDONADO LÓPEZ, Biljana BORZAN, Clara AGUILERA, Marc ANGEL, Brando BENIFEI, Maria GRAPINI, Maria-Manuel LEITÃO-MARQUES, Christel SCHALDEMOSE, René REPASI

Proposal for a regulation
Article 8 – paragraph 2 – point f

(f) the actors that shall have access to information in the product passport and to what information they shall have access, including customers, end-users, manufacturers, importers and distributors, dealers, and, if data carrier is available in the end of life, also professional repairers, remanufacturers, recyclers, competent national authorities, public interest organisations and the Commission, or any organisation acting on their behalf;

Amendment 289 #

Proposal for a regulation
Article 8 – paragraph 2 – point f

(f) the actors that shall have access to information in the product passport and to what information they shall have access, including customers, end-users, manufacturers, importers and distributors, dealers, repairers, refurbishers, remanufacturers, recyclers, competent national authorities, public interest organisations and the Commission, or any organisation acting on their behalf;

Amendment 290 #

Adriana MALDONADO LÓPEZ, Biljana BORZAN, Clara AGUILERA, Marc ANGEL, Brando BENIFEI, Maria GRAPINI, Maria-Manuel LEITÃO-MARQUES, Christel SCHALDEMOSE, René REPASI

Proposal for a regulation
Article 8 – paragraph 2 – point f

(f) the actors that shall have access to information in the product passport and to what information they shall have access, including customers, end-users, manufacturers, importers and distributors, dealers, professional repairers, remanufacturers, recyclers, competent national authorities, public interest organisations and the Commission, or any organisation acting on their behalf;

Amendment 291 #

Proposal for a regulation
Article 8 – paragraph 2 – point g

(g) the actors that may introduce or update the information in the product passport, including where needed the creation of a new product passport, and what information they may introduce or update, including manufacturers, repairers, refurbishers, maintenance professionals, remanufacturers, recyclers, competent national authorities, and the Commission, or any organisation acting on their behalf;

Amendment 292 #

Proposal for a regulation
Article 8 – paragraph 2 – point g

(g) the actors that may introduce or update the information in the product passport, including where needed the creation of a new product passport, and what information they may introduce or update, including manufacturers, professional repairers, maintenance professionals, remanufacturers, recyclers, competent national authorities, and the Commission, or any organisation acting on their behalf;

Amendment 293 #

Proposal for a regulation
Article 8 – paragraph 2 – point g

(g) the actors that may introduce or update the information in the product passport, including where needed the creation of a new product passport, and what information they may introduce or update, including manufacturers, professional repairers, maintenance professionals, remanufacturers, recyclers, competent national authorities, and the Commission, or any organisation acting on their behalf;

Amendment 294 #

Proposal for a regulation
Article 8 – paragraph 2 – point h

(h) the period for which the product passport shall remain available, ensuring permanent access to this information while the product is on sale or available on second-hand markets.

Amendment 295 #

Proposal for a regulation
Article 8 – paragraph 2 – point h a (new)

(h a) when and under which circumstances the information in the product passport shall be updated and by whom;

Amendment 296 #

Proposal for a regulation
Article 8 – paragraph 2 – point h b (new)

(h b) until when the specifications of the product passport remain in force;

Amendment 297 #

Proposal for a regulation
Article 8 – paragraph 3 – point a

(a) ensure that actors along the value chain, in particular consumers, consumer protection organisations, economic operators, journalists and competent national authorities, can access product information relevant to them;

Amendment 298 #

Proposal for a regulation
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 299 #

Proposal for a regulation
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 releva~~be justified to significantly improve the environmental sustainability of products and to ensure free movement toin them internal market;

Amendment 300 #

Proposal for a regulation
Article 8 – paragraph 3 – point b

(b) facilitate the verification of product compliance by competent national authorities, consumer protection bodies and journalists; and

Amendment 301 #

Proposal for a regulation
Article 8 – paragraph 3 – point b

(b) facilitate the verification of product compliance by competent national authorities with one single instrument; and

Amendment 302 #

Ivars IJABS, Andrus ANSIP, Vlad-Marius BOTOŞ, Dita CHARANZOVÁ, Svenja HAHN, Morten LØKKEGAARD, Catharina RINZEMA

Proposal for a regulation
Article 8 – paragraph 3 – point c

(c) (d new) 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 303 #

Proposal for a regulation
Article 8 – paragraph 3 – point c

Amendment 304 #

Proposal for a regulation
Article 8 – paragraph 3 – point c

Amendment 305 #

Proposal for a regulation
Article 8 – paragraph 3 – point c a (new)

(c a) improve traceability of products along the value chain without compromising data security of economical actors. To protect confidential business information and comply with requirement (b) of paragraph 3, actors in the value chains should make a specific request to the manufacturer when the information cannot be shared publicly, and the information needs to be in shared in a secure way.

Amendment 306 #

Ivars IJABS, Andrus ANSIP, Vlad-Marius BOTOŞ, Dita CHARANZOVÁ, Svenja HAHN, Morten LØKKEGAARD, Catharina RINZEMA

Proposal for a regulation
Article 8 – paragraph 3 – point c a (new)

(c a) (a new) be justified to significantly improve the environmental sustainability of products and to ensure free movement in the internal market;

Amendment 307 #

Proposal for a regulation
Article 8 – paragraph 3 – point c a (new)

(c a) Improve traceability of products and to ensure free movement in the internal market without compromising data security of economical actors.

Amendment 308 #

Proposal for a regulation
Article 8 – paragraph 3 – point c a (new)

(ca) significantly improve the environmental sustainability of products;

Amendment 309 #

Proposal for a regulation
Article 8 – paragraph 3 – point c b (new)

(cb) ensure freedom of movement on the European internal market;

Amendment 310 #

Proposal for a regulation
Article 8 – paragraph 3 – point c c (new)

(cc) meet future information requirements also using up-to-date technology.

Amendment 311 #

Proposal for a regulation
Article 8 – paragraph 4 – point a

(a) technical specifications are not available in relation to the essential requirements included in Article 10, including second hand products that were originally placed on the market before the enforcement of this Regulation; or

Amendment 312 #

Proposal for a regulation
Article 8 – paragraph 4 – point a

Amendment 313 #

(a) technical specifications are not available in relation to the essential requirements included in Article 10, regarding also second-hand products placed on the market before this regulation entered into force; or

Amendment 314 #

Proposal for a regulation
Article 8 – paragraph 4 – point b a (new)

(b a) products are second-hand, refurbished, repaired, unique or handmade.

Amendment 315 #

Proposal for a regulation
Article 8 – paragraph 4 – point b a (new)

(b a) the product has been manufactured prior to the application of this Regulation;

Amendment 316 #

Proposal for a regulation
Article 8 – paragraph 4 a (new)

4 a. Information that is required by existing EU databases cannot be required by the Digital Product Passport in the product delegated acts. A link to the relevant item in other databases could be considered to make sure that all relevant information is made available in the Digital Product Passport.

Amendment 317 #

Adriana MALDONADO LÓPEZ, Biljana BORZAN, Clara AGUILERA, Marc ANGEL, Brando BENIFEI, Maria GRAPINI, Maria-Manuel LEITÃO-MARQUES, Christel SCHALDEMOSE, René REPASI

Proposal for a regulation
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 318 #

Proposal for a regulation
Article 9 – paragraph 1 – subparagraph 1 – point b

(b) the data carrier shall be physically present on the product, its packaging or on documentation accompanying the product, as specified in the applicable delegated act adopted pursuant to Article 4, and accessible to the consumer prior to the purchase of said product ;

Amendment 319 #

Proposal for a regulation
Article 9 – paragraph 1 – subparagraph 1 – point d

(d) all information included in the product passport shall be up to date, based on open, standards, free of limitations laid down by the manufacturer and 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;

Amendment 320 #

Proposal for a regulation
Article 9 – paragraph 1 – subparagraph 1 – point d

Amendment 321 #

Adriana MALDONADO LÓPEZ, Biljana BORZAN, Clara AGUILERA, Marc ANGEL, Brando BENIFEI, Maria GRAPINI, Maria-Manuel LEITÃO-MARQUES, Christel SCHALDEMOSE, René REPASI

Proposal for a regulation
Article 9 – paragraph 1 – subparagraph 1 – point e

(e) the information included in the product passport shall refer to the product model, or batch~~, or item~~ as specified in the delegated act adopted pursuant to Article 4;

Amendment 322 #

Ivars IJABS, Andrus ANSIP, Vlad-Marius BOTOŞ, Dita CHARANZOVÁ, Svenja HAHN, Morten LØKKEGAARD, Catharina RINZEMA

Proposal for a regulation
Article 9 – paragraph 1 – subparagraph 1 – point f a (new)

(f a) (g new) where relevant, it shall rely on existing databases, including Substances of Concern In articles as such or in complex objects (Products) and the European Product Registry for Energy Labelling and established industry solutions.

Amendment 323 #

(f a) Within the information provided to consumers, it should be prohibited to use specific names of plants, tree-based or sustainable raw materials in product names and descriptions without the presence of such components in the product.

Amendment 324 #

Proposal for a regulation
Article 9 – paragraph 1 – subparagraph 1 a (new)

where relevant, it shall rely on existing databases, including Substances of Concern in articles as such or in complex objects (Products) and the European Product Registry for Energy labelling and established industry solutions

Amendment 325 #

Adriana MALDONADO LÓPEZ, Biljana BORZAN, Clara AGUILERA, Marc ANGEL, Maria GRAPINI, Maria-Manuel LEITÃO-MARQUES, Christel SCHALDEMOSE, René REPASI

Proposal for a regulation
Article 9 – paragraph 1 a (new)

1 a. Where relevant, the product passport shall rely on existing databases, including Substances of Concern in articles as such orin complex objects (Products) and the European Product Registry for Energy labelling and established industry solutions

Amendment 326 #

Proposal for a regulation
Article 9 – paragraph 3

3. The economic operator placing the product on the market shall provide dealers and online market places with a digital copy of the data carrier to allow the ~~dealer~~m to make it accessible to customers where they cannot physically access the product. The economic operator shall provide that digital copy free of charge and within 5 working days ~~of the dealer’s~~after receiving the request.

Amendment 327 #

Adriana MALDONADO LÓPEZ, Biljana BORZAN, Clara AGUILERA, Marc ANGEL, Brando BENIFEI, Maria GRAPINI, Maria-Manuel LEITÃO-MARQUES, Christel SCHALDEMOSE, René REPASI

Proposal for a regulation
Article 10 – paragraph 1 – point a a (new)

(a a) product passports shall be fully interoperable with existing product databases such as the SCIP database and the EPREL database

Amendment 328 #

Adriana MALDONADO LÓPEZ, Biljana BORZAN, Clara AGUILERA, Marc ANGEL, Maria GRAPINI, Maria-Manuel LEITÃO-MARQUES, Christel SCHALDEMOSE, René REPASI

Proposal for a regulation
Article 10 – paragraph 1 – point c

(c) the data included in the product passport shall be stored by the economic operator responsible for its creation or by operators authorised to act on their behalf. The economic operator and/or operators authorised to act on their behalf shall also maintain the data;

Amendment 329 #

Proposal for a regulation
Article 10 – paragraph 1 – point c

(c) the data included in the product passport shall be stored by the ~~economic operator responsible for its creation~~European Commission via a central data system and/or economic operators or by operators authorised to act on their behalf;

Amendment 330 #

Proposal for a regulation
Article 10 – paragraph 1 – point f

(f) the rights to access and to introduce, modify or update information in product passport shall be restricted based on the access rights specified in delegated acts adopted pursuant to Article 4, with specific consideration of information that constitutes trade secrets or propriertary information;

Amendment 331 #

Proposal for a regulation
Article 10 – paragraph 1 – point h a (new)

(h a) product passports shall be fully interoperable with existing product databases, such as the SCIP database and the EPREL database.

Amendment 332 #

Proposal for a regulation
Article 10 – paragraph 1 – point h b (new)

(h b) the data carrier availability to remain operational in the product during use and until its end of life may only be required in delegated acts when technically possible;

Amendment 333 #

Ivars IJABS, Andrus ANSIP, Vlad-Marius BOTOŞ, Dita CHARANZOVÁ, Svenja HAHN, Morten LØKKEGAARD, Catharina RINZEMA

Proposal for a regulation
Article 12 – paragraph 1 – subparagraph 1

Amendment 334 #

Ivars IJABS, Andrus ANSIP, Vlad-Marius BOTOŞ, Dita CHARANZOVÁ, Svenja HAHN, Morten LØKKEGAARD, Catharina RINZEMA

Proposal for a regulation
Article 12 – paragraph 1 – subparagraph 2

~~The registry referred to in the first subparagraph shall at least include a list of the data carriers and unique product identifiers referred to in Article 9(1).~~deleted

Amendment 335 #

Ivars IJABS, Andrus ANSIP, Vlad-Marius BOTOŞ, Dita CHARANZOVÁ, Svenja HAHN, Morten LØKKEGAARD, Catharina RINZEMA

Proposal for a regulation
Article 12 – paragraph 2 – introductory part

2. ~~The Commission shall, in the delegated acts adopted pursuant to Article 4, specify the information which, in addition to being included in the product passport, shall~~Information required to be stored in the registry referred to in paragraph 1, ~~taking into account at least~~shall be justified for the following ~~criteria~~reasons:

Amendment 336 #

Jean-Lin LACAPELLE, Virginie JORON, Markus BUCHHEIT

Proposal for a regulation
Article 14 – paragraph 1 – point c

(c) the manner in which the label shall be displayed to customers including in case of distance selling, taking into account the requirements set out in Article 26 and relevant, measures established in Directive (EU) 2019/882, and the implications for the relevant economic operators;

Amendment 337 #

Proposal for a regulation
Article 14 – paragraph 1 – point d a (new)

(da) the information indicating the location of the manufacturing stages of the products;

Amendment 338 #

Adriana MALDONADO LÓPEZ, Biljana BORZAN, Clara AGUILERA, Marc ANGEL, Brando BENIFEI, Maria GRAPINI, Maria-Manuel LEITÃO-MARQUES, Christel SCHALDEMOSE, René REPASI

Proposal for a regulation
Article 14 – paragraph 4 a (new)

4 a. In order to avoid barriers to the free circulation of products, where possible, when establishing the layout and contents of the label, the Commission shall favour EU-wide labels that would not require any translation or adaptation to geographical specificities.

Amendment 339 #

Adriana MALDONADO LÓPEZ, Biljana BORZAN, Clara AGUILERA, Marc ANGEL, Brando BENIFEI, Maria GRAPINI, Maria-Manuel LEITÃO-MARQUES, Christel SCHALDEMOSE, René REPASI

Proposal for a regulation
Article 15 – paragraph 1

Where delegated acts adopted pursuant to Article 4 do not require products to have a label, those products may not be placed on the market or put into service if they supply or display labels, or any kind of information accompanying the product which are likely to mislead or confuse customers with respect to the labels provided for in Article 14.

Amendment 340 #

Adriana MALDONADO LÓPEZ, Biljana BORZAN, Clara AGUILERA, Marc ANGEL, Maria GRAPINI, Maria-Manuel LEITÃO-MARQUES, Christel SCHALDEMOSE, René REPASI

Proposal for a regulation
Article 20 – paragraph 3

Amendment 341 #

Proposal for a regulation
Article 20 – paragraph 3 – subparagraph 1

The Commission shall be empowered to adopt delegated acts in accordance with Article 66 to supplement this Regulation by prohibiting economic operators to destroy unsold consumer products in the Union~~, where the destruction of unsold consumer products falling within a certain product group has significant environmental impact~~.

Amendment 342 #

Adriana MALDONADO LÓPEZ, Biljana BORZAN, Clara AGUILERA, Marc ANGEL, Brando BENIFEI, Maria GRAPINI, Maria-Manuel LEITÃO-MARQUES, Christel SCHALDEMOSE, René REPASI

Proposal for a regulation
Article 20 – paragraph 3 – subparagraph 1

The Commission shall be empowered to adopt delegated acts in accordance with Article 66 to supplement this Regulation by prohibiting economic operators to destroy unsold consumer products in the Union, where the destruction of unsold consumer products falling within a certain product group has ~~significant~~ environmental impact.

Amendment 343 #

Proposal for a regulation
Article 20 – paragraph 3 – subparagraph 2 – introductory part

In the delegated acts adopted pursuant to the first subparagraph, the Commission ~~shall~~may set out certain exemptions to those prohibitions where it is appropriate in view of:

Amendment 344 #

Adriana MALDONADO LÓPEZ, Biljana BORZAN, Clara AGUILERA, Marc ANGEL, Maria GRAPINI, Maria-Manuel LEITÃO-MARQUES, Christel SCHALDEMOSE, René REPASI

Proposal for a regulation
Article 20 – paragraph 3 – subparagraph 2 – point a

(a) health and safety concerns;, and if these concerns would cause damage when the product is handled by a professional, such as second-hand economic operators, remanufacturers or recyclers.

Amendment 345 #

Proposal for a regulation
Article 20 – paragraph 3 – subparagraph 2 – point a

(a) health ~~and~~, safety ~~concern~~and hygiene concerns, including of counterfeit goods;

Amendment 346 #

Ivars IJABS, Andrus ANSIP, Vlad-Marius BOTOŞ, Dita CHARANZOVÁ, Svenja HAHN, Morten LØKKEGAARD, Catharina RINZEMA

Proposal for a regulation
Article 20 – paragraph 3 – subparagraph 2 – point a

(a) health and safety concerns, including of counterfeit goods;

Amendment 347 #

Proposal for a regulation
Article 20 – paragraph 3 – subparagraph 2 – point a

(a) health, hygiene and safety concerns;

Amendment 348 #

Adriana MALDONADO LÓPEZ, Biljana BORZAN, Clara AGUILERA, Marc ANGEL, Maria GRAPINI, Maria-Manuel LEITÃO-MARQUES, Christel SCHALDEMOSE, René REPASI

~~(b) damage to products as a result of their handling or detected after a product has been returned by a consumer;~~deleted

Amendment 349 #

Proposal for a regulation
Article 20 – paragraph 3 – subparagraph 2 – point b

~~(b) damage to products as a result of their handling or detected after a product has been returned by a consumer;~~deleted

Amendment 350 #

Adriana MALDONADO LÓPEZ, Biljana BORZAN, Clara AGUILERA, Marc ANGEL, Maria GRAPINI, Maria-Manuel LEITÃO-MARQUES, Christel SCHALDEMOSE, René REPASI

Proposal for a regulation
Article 20 – paragraph 3 – subparagraph 2 – point c

~~(c) fitness of the product for the purpose for which it is intended, taking into account, where applicable, Union and national law and technical standards;~~deleted

Amendment 351 #

Proposal for a regulation
Article 20 – paragraph 3 – subparagraph 2 – point d a (new)

(d a) non-conformity of consumer products with applicable technical standards

Amendment 352 #

Proposal for a regulation
Article 20 – paragraph 3 – subparagraph 2 – point d a (new)

(d a) Products that have exceeded their expiry date or shelf life.

Amendment 353 #

Proposal for a regulation
Article 20 – paragraph 3 – subparagraph 2 – point d b (new)

(d b) non-compliance with applicable Union law or national law;

Amendment 354 #

Proposal for a regulation
Article 20 – paragraph 3 – subparagraph 2 – point d c (new)

(d c) the expiry date or shelf life of a product;

Amendment 355 #

Proposal for a regulation
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

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

7. Manufacturers shall ensure that that a product covered by a delegated act adopted pursuant to Article 4 is accompanied by instructions ~~that enable consumers and other end-users to safely assemble, install, operate, store, maintain, repair and dispose of the product~~and 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 358 #

Proposal for a regulation
Article 21 – paragraph 7

7. Manufacturers shall ensure that that a product covered by a delegated act adopted pursuant to Article 4 is accompanied by instructions that enable consumers and other end-users to safely assemble, install, operate, store, maintain, repair and dispose of the product in a language that can be easily understood by consumers and other end-users~~, as determined by the Member State concerned~~. Such instructions shall be clear, understandable and legible and include at least the information specified in the delegated acts adopted pursuant to Article 4 and pursuant to Article 7(2)(b), point (ii). The instructions shall be included in the digital product passport or, where applicable, in another appropriate format.

Amendment 359 #

Róża THUN UND HOHENSTEIN, Ivars IJABS, Dita CHARANZOVÁ, Svenja HAHN, Andrus ANSIP, Sandro GOZI, Morten LØKKEGAARD

Proposal for a regulation
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 in the digital format that enable consumers and other end-users to safely assemble, install, operate, store, maintain, repair and dispose of the product in a language that can be easily understood by consumers and other end-users, as determined by the Member State concerned. Such instructions shall be clear, understandable and legible and include at least the information specified in the delegated acts adopted pursuant to Article 4 and pursuant to Article 7(2)(b), point (ii).

Amendment 360 #

Róża THUN UND HOHENSTEIN, Ivars IJABS, Dita CHARANZOVÁ, Sandro GOZI

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).

Amendment 361 #

Róża THUN UND HOHENSTEIN, Ivars IJABS, Dita CHARANZOVÁ, Svenja HAHN, Sandro GOZI, Jordi CAÑAS, Morten LØKKEGAARD

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

7 a. When providing the instructions, referred to in paragraph 7, the manufacturer shall: a) present them in a format that makes it possible to download them and save on an electronic device so that he or she can access them at all times. b) make them accessible online for at least 10 years after placing the product on the market .

Amendment 362 #

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

7 b. Upon request of the consumer or other end user at the time of the purchase or up to 6 months after that purchase, the manufacturer shall provide the instructions in paper format free of charge.

Amendment 363 #

Proposal for a regulation
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 take~~take, without undue delay, the necessary corrective measures to bring that product into conformity, to withdraw ~~it or recall~~ it, if appropriate.

Amendment 364 #

Adriana MALDONADO LÓPEZ, Biljana BORZAN, Clara AGUILERA, Marc ANGEL, Brando BENIFEI, Maria GRAPINI, Maria-Manuel LEITÃO-MARQUES, Christel SCHALDEMOSE, René REPASI

Proposal for a regulation
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 365 #

Proposal for a regulation
Article 21 – paragraph 8 – subparagraph 2 a (new)

Manufacturers shall establish reporting channels and ensure their accessibility to allow for end-users to submit complaints or concerns regarding potential non- conformity of products. Manufacturers shall assess the complaints and concerns received, and inform market surveillance authorities in the case of suspected non- compliance of the product. Manufacturers shall keep a register of complaints and concerns received for 10 years and make it available upon request from a market surveillance authority.

Amendment 366 #

Proposal for a regulation
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 of~~as 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

AWithout prejudice to other obligations in the Union or national laws, a manufacturer may, by a written mandate, appoint an authorised representative.

Amendment 368 #

Proposal for a regulation
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

~~1. Importers shall only place on the market products covered by a~~ delegated ~~act adopted pursuant to Article 4 that comply with the requirements set out in the applicable delegated acts.~~

Amendment 370 #

Róża THUN UND HOHENSTEIN, Ivars IJABS, Svenja HAHN, Andrus ANSIP, Sandro GOZI, Morten LØKKEGAARD

Proposal for a regulation
Article 23 – paragraph 4

4. Importers shall ensure that the product is accompanied by instructions in the digital format 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. The obligations set in Article 21(7a) and (7b) shall apply mutatis mutandis.

Amendment 371 #

Proposal for a regulation
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

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 ~~immediately~~act 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

Importers shall i~~mmediately inform~~nform 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 #

Adriana MALDONADO LÓPEZ, Biljana BORZAN, Clara AGUILERA, Marc ANGEL, Brando BENIFEI, Maria GRAPINI, Maria-Manuel LEITÃO-MARQUES, Christel SCHALDEMOSE, René REPASI

Proposal for a regulation
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 375 #

Proposal for a regulation
Article 23 – paragraph 7 a (new)

7 a. Importers shall establish reporting channels and ensure their accessibility to allow for end-users to submit complaints or concerns regarding potential non- conformity of products. Importers shall assess the complaints and concerns received, and inform market surveillance authorities in the case of suspected non- compliance of the product. Importers shall keep a register of complaints and concerns received for 10 years and make it available upon request from a market surveillance authority.

Amendment 376 #

Proposal for a regulation
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 377 #

Róża THUN UND HOHENSTEIN, Ivars IJABS, Svenja HAHN, Andrus ANSIP, Sandro GOZI, Morten LØKKEGAARD

Proposal for a regulation
Article 24 – paragraph 2 – point b

(b) the product is accompanied by the required documents and by instructions in the digital format, to enable the consumer to assemble, install, operate, store, maintain, and dispose of the product, in a language that can be easily understood by consumers and other end- users, as determined by the Member State in which the product is to be made available on the market, and that such instructions are clear, understandable and legible and include at least the information set out in Article 7(2), point (b), point (ii), as laid down in the delegated act adopted pursuant to Article 4; The obligations set in Article 21(7a) and (7b) shall apply mutatis mutandis.

Amendment 378 #

Proposal for a regulation
Article 24 – paragraph 2 – point b

(b) the product is accompanied by the required documents and by instructions, to enable the consumer to assemble, install, operate, store, maintain, and dispose of the product, in a language that can be easily understood by consumers and other end- users, ~~as determined by the Member State in which the product is to be made available on the market,~~ and that such instructions are clear, understandable and legible and include at least the information set out in Article 7(2), point (b), point (ii), as laid down in the delegated act adopted pursuant to Article 4. The documents and instructions shall be included in the digital product passport or, where applicable, in another appropriate format;

Amendment 379 #

Adriana MALDONADO LÓPEZ, Biljana BORZAN, Clara AGUILERA, Marc ANGEL, Brando BENIFEI, Maria GRAPINI, Maria-Manuel LEITÃO-MARQUES, Christel SCHALDEMOSE, René REPASI

Proposal for a regulation
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 380 #

Proposal for a regulation
Article 24 – paragraph 4 – subparagraph 1 a (new)

Distributors shall establish reporting channels and ensure their accessibility to allow for end-users to submit complaints or concerns regarding potential non- conformity of products. Distributors shall assess the complaints and concerns received, and inform market surveillance authorities in the case of suspected non- compliance of the product. Distributors shall keep a register of complaints and concerns received for 10 years and make it available upon request from a market surveillance authority.

Amendment 381 #

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.

Amendment 382 #

Adriana MALDONADO LÓPEZ, Biljana BORZAN, Clara AGUILERA, Marc ANGEL, Brando BENIFEI, Maria GRAPINI, Maria-Manuel LEITÃO-MARQUES, Christel SCHALDEMOSE, René REPASI

Proposal for a regulation
Article 25

1. Dealers shall ensure that their customers have access to any relevant information required by the delegated acts adopted pursuant to Article 4, including in case of distance selling. 2. Dealers shall ensure that the product passport is easily accessible to customers, including in case of distance selling, as specified in Article 8 andArticle 25 delegated acts adopted pursuant to Article 4by which the product is covered. 3. Dealers shall: (a) display to customers, in a visible manner, including for online distance selling, labels provided in accordance with Article 26(2) or (3); (b) make reference to the information included in labels provided in accordance with Article 26(2) or (3) in visual advertisements or in technical promotional material for a specific model, in accordance with delegated acts adopted pursuant to Article 4 by which the product is covered; (c) not provide or display other labels, marks, symbols or inscriptions that are likely to mislead or confuse customers with respect to the information included on the label.Obligations of dealers

Amendment 383 #

Proposal for a regulation
Article 25 – paragraph 3 – point c

(c) not provide or display other voluntary labels, marks, symbols or inscriptions that are likely to mislead or confuse customers with respect to the information included on the label regarding ecodesign.

Amendment 384 #

Adriana MALDONADO LÓPEZ, Biljana BORZAN, Clara AGUILERA, Marc ANGEL, Maria GRAPINI, Maria-Manuel LEITÃO-MARQUES, Christel SCHALDEMOSE, René REPASI

Proposal for a regulation
Article 25 a (new)

Article 25 a Obligations of Second-Hand Economic Operators 1. When making a second-hand product covered by a delegated act adopted pursuant to Article 4 available on the market, second-hand economic operators shall act with due care in relation to second-hand products’ specific requirements set out in that act, and only if such requirements are specific to second-hand products and adapted to their characteristics. 2. Before making a second-hand product covered by a delegated act adopted pursuant to Article 4 available on the market, second-hand economic operators shall verify the following: (a) that the second-hand product is labelled or is linked to a product passport in accordance with that delegated act, and; (b) that the second-hand product is accompanied by the required documents and by instructions, if such elements are publicly available or have been made available to the second-hand economic operator by the prior economic operator responsible for the product. 3. Second-hand economic operators shall ensure that, while a second-hand product is under their responsibility, storage or transport conditions do not jeopardise its compliance with requirements set out in the delegated act adopted pursuant to Article 4. 4. Where second-hand economic operators replace a component of a second-hand product with another new component, they shall ensure that the component is in compliance with the ecodesign requirements under this Regulation or set out in the delegated act adopted pursuant to Article 4. Second-hand economic operators who have reason to believe that this new component is not in conformity with these requirements shall take the necessary corrective measures, including to withdraw it or recall it.

Amendment 385 #

Adriana MALDONADO LÓPEZ, Biljana BORZAN, Clara AGUILERA, Marc ANGEL, Brando BENIFEI, Maria GRAPINI, Maria-Manuel LEITÃO-MARQUES, Christel SCHALDEMOSE, René REPASI

Proposal for a regulation
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 labels upon request or digital copies in accordance with that delegated act. For sustainability reasons, preference should be given to digital labels.

Amendment 386 #

Proposal for a regulation
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 #

Róża THUN UND HOHENSTEIN, Morten LØKKEGAARD, Ivars IJABS, Dita CHARANZOVÁ, Sandro GOZI, Jordi CAÑAS

Proposal for a regulation
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 388 #

Proposal for a regulation
Article 26 – paragraph 4 – point b

(b) not provide or display other labels, marks, symbols or inscriptions that are likely to mislead or confuse customers with respect to the information included on the label. These restrictions do not comprise the EU Ecolabel and other type 1- ecolabels established in the Member States as long they fulfill the criteria from the Substantiating environmental claims (green claims) Directive (EU) 2022/xxxx.

Amendment 389 #

Proposal for a regulation
Article 26 – paragraph 4 – point b

(b) not provide or display other labels, marks, symbols or inscriptions that are likely to mislead or confuse customers with respect to the information included on the label. These provisions are without prejudice to the EU Ecolabel and other state commissioned type l-ecolabels (ISO 14024).

Amendment 390 #

Adriana MALDONADO LÓPEZ, Biljana BORZAN, Clara AGUILERA, Marc ANGEL, Brando BENIFEI, Maria GRAPINI, Maria-Manuel LEITÃO-MARQUES, Christel SCHALDEMOSE, René REPASI

Proposal for a regulation
Article 26 – paragraph 4 – point b

(b) not provide or display other labels, marks, symbols or inscriptions that are likely to mislead or confuse customers with respect to the information included on the label. These restrictions does not comprise the EU Ecolabel and other state commissioned type I-ecolabels (ISO 14024)

Amendment 391 #

Proposal for a regulation
Article 28 – paragraph 1 a (new)

This Article shall not apply to second- hand economic operators, including refurbishers.

Amendment 392 #

Adriana MALDONADO LÓPEZ, Biljana BORZAN, Clara AGUILERA, Marc ANGEL, Brando BENIFEI, Maria GRAPINI, Maria-Manuel LEITÃO-MARQUES, Christel SCHALDEMOSE, René REPASI

Proposal for a regulation
Article 29 – title

Obligations of online marketplaces ~~and online search engines~~

Amendment 393 #

Proposal for a regulation
Article 29 – paragraph 1 – point b

(b) informing the market surveillance authorities of any action taken on a regular and timely basis;

Amendment 394 #

Proposal for a regulation
Article 29 – paragraph 1 – point b

(b) informing the market surveillance authorities as soon as possible of any action taken;

Amendment 395 #

Proposal for a regulation
Article 29 – paragraph 1 – point b a (new)

(ba) informing the competent authorities of any random compliance checks carried out, especially for the most popular products;

Amendment 396 #

Proposal for a regulation
Article 29 – paragraph 1 – point d

~~(d) allowing online tools operated by market surveillance authorities to access their interfaces in order to identify non- compliant products;~~deleted

Amendment 397 #

Proposal for a regulation
Article 29 – paragraph 1 – point e

(e) upon request of the market surveillance authorities, when online marketplaces or online sellers have put in place technical obstacles to the extraction of data from their online interfaces, allowing those authorities to scrape such data for product compliance purposes based on the identification parameters provided by the requesting market surveillance authorities.deleted

Amendment 398 #

Adriana MALDONADO LÓPEZ, Biljana BORZAN, Clara AGUILERA, Marc ANGEL, Brando BENIFEI, Maria GRAPINI, Maria-Manuel LEITÃO-MARQUES, Christel SCHALDEMOSE, René REPASI

Proposal for a regulation
Article 29 – paragraph 1 – point e a (new)

(e a) The frequency and depth of information to be provided to market surveillance authorities shall be proportionate to the nature of information requested. A request and approval process shall be introduced to ensure online marketplaces manage traffic appropriately.

Amendment 399 #

Proposal for a regulation
Article 29 – paragraph 1 – point e a (new)

(e a) cooperating to ensure effective product recalls, including carrying out recalls directly and offering remedies to consumers if the responsible economic operator fails to take adequate and timely action;

Amendment 400 #

Adriana MALDONADO LÓPEZ, Biljana BORZAN, Clara AGUILERA, Marc ANGEL, Brando BENIFEI, Maria GRAPINI, Maria-Manuel LEITÃO-MARQUES, Christel SCHALDEMOSE, René REPASI

Proposal for a regulation
Article 29 – paragraph 1 – point e b (new)

(e b) cooperating with law enforcement agencies at national and Union level, including the European Anti-Fraud Office, through regular and structured exchange of information on offers that have been removed on the basis of this Article by online marketplaces;

Amendment 401 #

Adriana MALDONADO LÓPEZ, Biljana BORZAN, Clara AGUILERA, Marc ANGEL, Brando BENIFEI, Maria GRAPINI, Maria-Manuel LEITÃO-MARQUES, Christel SCHALDEMOSE, René REPASI

Proposal for a regulation
Article 29 – paragraph 1 – point e c (new)

(e c) Providing competent authorities access to relevant trader and product data and their interfaces to deploy online tools to identify and remove non-compliant products.

Amendment 402 #

Proposal for a regulation
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

For the purpose of the requirements of [Article 2~~2(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 #

Adriana MALDONADO LÓPEZ, Biljana BORZAN, Clara AGUILERA, Marc ANGEL, Brando BENIFEI, Maria GRAPINI, Maria-Manuel LEITÃO-MARQUES, Christel SCHALDEMOSE, René REPASI

Proposal for a regulation
Article 29 – paragraph 2 – subparagraph 2

~~The information shall be able to be provided for each product offered and displayed or otherwise made easily accessible by customers on the product listing.~~deleted

Amendment 405 #

Proposal for a regulation
Article 29 – paragraph 2 – subparagraph 2

The information shall be able to be provided for each product offered and displayed or otherwise made easily accessible ~~by customers on the product listing~~, in a way and a language that is easily accessible and understandable for all consumers.

Amendment 406 #

Proposal for a regulation
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~~easily accessible, online marketplaces shall enable dealers to show it. ~~This obligation shall also apply to online search engines and other online platforms that provide online visual advertising for the products concerned.~~

Amendment 407 #

Adriana MALDONADO LÓPEZ, Biljana BORZAN, Clara AGUILERA, Marc ANGEL, Brando BENIFEI, Maria GRAPINI, Maria-Manuel LEITÃO-MARQUES, Christel SCHALDEMOSE, René REPASI

Proposal for a regulation
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 408 #

Proposal for a regulation
Article 29 – paragraph 2 – subparagraph 3 a (new)

Online marketplaces shall ensure that the traders provide the required information for each product sold on the online interface and verify that such information is reliable, complete and up-to-date on a regular basis.

Amendment 409 #

Proposal for a regulation
Article 29 – paragraph 2 a (new)

2 a. Without prejudice to Article 29 (1), these rules shall not: (a) Require online marketplaces to proactively ensure compliance with all the products sold by third-party sellers on its marketplaces; (b) introduce monitoring obligations that go further than existing EU framework legislation

Amendment 410 #

Adriana MALDONADO LÓPEZ, Biljana BORZAN, Clara AGUILERA, Marc ANGEL, Brando BENIFEI, Maria GRAPINI, Maria-Manuel LEITÃO-MARQUES, Christel SCHALDEMOSE, René REPASI

Proposal for a regulation
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 411 #

Proposal for a regulation
Article 29 – paragraph 3 a (new)

3 a. Without prejudice to the prohibition to conduct general monitoring as established under the [Digital Services Act], online marketplaces shall conduct regular and random identity checks and proceed to the verification of the information provided by the traders using their online interfaces before the products are advertised, promoted or put into circulation.

Amendment 412 #

Adriana MALDONADO LÓPEZ, Biljana BORZAN, Clara AGUILERA, Marc ANGEL, Brando BENIFEI, Maria GRAPINI, Maria-Manuel LEITÃO-MARQUES, Christel SCHALDEMOSE, René REPASI

Proposal for a regulation
Article 29 – paragraph 3 b (new)

3 b. Online marketplaces shall periodically carry out visual inspections and sample testing of randomly chosen products considering previous reports, databases, reviews and potential problems of compliance with the requirements set out in this Regulation and its delegated acts.

Amendment 413 #

Proposal for a regulation
Article 29 – paragraph 4

4. Online marketplaces shall take the necessary measures to receive and process the orders referred to in paragraph 2 in accordance with [Article 8] of Regulation (EU) …/… [the Digital Services Act].deleted

Amendment 414 #

Proposal for a regulation
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 415 #

Proposal for a regulation
Article 29 – paragraph 5 – subparagraph 1 a (new)

Online marketplaces shall establish different contact points, accessible electronically and by phone, enabling customers and non-governmental organisations to communicate directly concerning compliance with this Regulation and the delegated acts adopted pursuant to Article 4 and to highlight any infringements.

Amendment 416 #

Adriana MALDONADO LÓPEZ, Biljana BORZAN, Clara AGUILERA, Marc ANGEL, Brando BENIFEI, Maria GRAPINI, Maria-Manuel LEITÃO-MARQUES, Christel SCHALDEMOSE, René REPASI

Proposal for a regulation
Article 29 – paragraph 5 – subparagraph 2

This contact point may be the same contact point as the one referred to in [Article 20(1)] of Regulation (EU) …/… [the General Product Safety Regulation] or [Article 10(1)] of Regulation (EU) …/… [the Digital Services Act].deleted

Amendment 417 #

Proposal for a regulation
Article 29 – paragraph 5 – subparagraph 2 a (new)

Competent authorities shall be entitled to impose deterrent, proportionate and effective sanctions on online marketplaces failing to comply with the obligations laid down in this Article, in accordance with Article 68 of this Regulation. Consumers, consumer organisations and other stakeholders shall be entitled to seek remedies against online marketplaces for failing to comply with the obligations laid down in this Regulation.

Amendment 418 #

Adriana MALDONADO LÓPEZ, Biljana BORZAN, Clara AGUILERA, Marc ANGEL, Brando BENIFEI, Maria GRAPINI, Maria-Manuel LEITÃO-MARQUES, Christel SCHALDEMOSE, René REPASI

Proposal for a regulation
Article 29 – paragraph 5 a (new)

5 a. Online marketplaces shall ensure that all consumers have the possibility to communicate with them in an effective, swift and easily accessible way.For this purpose: a.Online marketplaces shall disclose their contact details, including their phone numbers, email addresses and the postal address of their establishment within the Union. b.Online marketplaces shall not exclusively rely on automated tools for the purpose of ensuring communication with consumers. c.Where online marketplaces propose electronic contact forms or instant messaging for consumers, online marketplaces shall also encourage consumers to store or save on a durable medium any correspondence, including the date and hour of such correspondence. d.Online marketplaces shall provide consumers with the postal address and the identity of the seller on whose behalf the online marketplace is acting. e. Online marketplaces shall allocate the necessary human and financial resources to ensure that the communication referred to in Paragraph 14 is performed in a quick, effective, and efficient manner.

Amendment 419 #

Adriana MALDONADO LÓPEZ, Biljana BORZAN, Clara AGUILERA, Marc ANGEL, Maria GRAPINI, Maria-Manuel LEITÃO-MARQUES, Christel SCHALDEMOSE, René REPASI

Proposal for a regulation
Article 29 – paragraph 5 b (new)

5 b. Online marketplaces shall respond without delay and no later than one calendar day to complaints submitted by consumers, consumer and other civil society organisations, and other stakeholders for the purpose of applying effective measures for detecting, identifying, removing and disabling access to non-compliant products circulating on their digital interfaces.

Amendment 420 #

Adriana MALDONADO LÓPEZ, Biljana BORZAN, Clara AGUILERA, Marc ANGEL, Brando BENIFEI, Maria GRAPINI, Maria-Manuel LEITÃO-MARQUES, Christel SCHALDEMOSE, René REPASI

Proposal for a regulation
Article 29 – paragraph 5 c (new)

5 c. Online marketplaces shall take all measures that are necessary to comply with the order issued by a Member State market surveillance authority as referred to in Article 14 of the Market Surveillance Regulation and article […] of the Digital Services Act.Upon receipt of the order issued by the market surveillance authority, the online marketplace shall act without delay and no later than one calendar day from the receipt of the order. The online marketplace shall inform the market surveillance authority of any follow-up actions they will take to prevent the illegal content from reappearing on the online interface.

Amendment 421 #

Proposal for a regulation
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

~~(a) the name, registered trade name or registered trade mark of the manufacturer, as well as the postal or electronic address where they can be contacted;~~deleted

Amendment 423 #

Proposal for a regulation
Article 30 – paragraph 1 – point b

(b) in case the manufacturer is not established in the Union, the name, address, telephone number and email address of the economic operator established in the Union within the meaning of Article 4 of Regulation (EU) 2019/1020;deleted

Amendment 424 #

Proposal for a regulation
Article 30 – paragraph 1 – point c

~~(c) information to identify the product, including its type and, where available, batch or serial number and any other product identifier.~~deleted

Amendment 425 #

Proposal for a regulation
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 426 #

Proposal for a regulation
Article 30 – paragraph 3 – subparagraph 1 – introductory part

When requiring, upon a reasoned request from a relevant national competent authority, manufacturers, their authorised representatives or importers to make parts of the technical documentation related to the relevant product digitally available pursuant to Article 4, third subparagraph, point (a), the Commission shall take into account the following criteria:

Amendment 427 #

Ivars IJABS, Andrus ANSIP, Vlad-Marius BOTOŞ, Dita CHARANZOVÁ, Svenja HAHN, Morten LØKKEGAARD, Catharina RINZEMA

Proposal for a regulation
Article 30 – paragraph 3 – subparagraph 1 – introductory part

When requiring, upon a reasoned request from a national authority, manufacturers, their authorised representatives or importers to make parts of the technical documentation related to the relevant product digitally available pursuant to Article 4, third subparagraph, point (a), the Commission shall take into account the following criteria:

Amendment 428 #

Adriana MALDONADO LÓPEZ, Biljana BORZAN, Clara AGUILERA, Marc ANGEL, Brando BENIFEI, Maria GRAPINI, Maria-Manuel LEITÃO-MARQUES, Christel SCHALDEMOSE, René REPASI

Proposal for a regulation
Article 30 – paragraph 3 – subparagraph 1 – introductory part

WSubject to a proportionality test, when requiring manufacturers, their authorised representatives or importers to make parts of the technical documentation related to the relevant product digitally available pursuant to Article 4, third subparagraph, point (a), the Commission shall take into account the following criteria:

Amendment 429 #

Proposal for a regulation
Article 30 – paragraph 3 – subparagraph 1 a (new)

To protect confidential business information and comply with requirement (b) of paragraph 3 in Article 8, actors in the value chain that have a justified interest 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 430 #

Adriana MALDONADO LÓPEZ, Biljana BORZAN, Clara AGUILERA, Marc ANGEL, Maria GRAPINI, Maria-Manuel LEITÃO-MARQUES, Christel SCHALDEMOSE, René REPASI

Proposal for a regulation
Article 30 – paragraph 3 – subparagraph 2

The Commission shall specify the manner in which the relevant parts of the technical documentation shall be made available. Where available, technical documentation shall be made available through the product passport. In the case of disappearance of an economic operation due to, for example, definitive closure or bankruptcy, the information must be stored by the Commission.

Amendment 431 #

Proposal for a regulation
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 432 #

Proposal for a regulation
Article 31 – paragraph 1 – subparagraph 3

The Commission shall ensure that the resulting data is processed securely and in compliance with Union law and that any publication of the resulting data by the Commission is aggregated.

Amendment 433 #

Proposal for a regulation
Article 31 – paragraph 2 – subparagraph 1 – point b

(b) the technical feasibility of recording in-use data taking into account cost, cybersecurity, data protection and data storage;

Amendment 434 #

Proposal for a regulation
Article 32 – paragraph 1

1. For the purposes of compliance and verification of compliance with ecodesign requirements, tests, measurements and calculations shall be made using actionable, reliable, accurate and reproducible and standardised methods that take into account the generally recognised state-of-the art methods. Such methods shall fulfil the test, measurement and calculation requirements set out in the relevant delegated acts adopted pursuant to Article 4. The methods shall be based on relevant Union law, or, where this is not applicable, on European or international standards.

Amendment 435 #

Ivars IJABS, Andrus ANSIP, Vlad-Marius BOTOŞ, Dita CHARANZOVÁ, Svenja HAHN, Morten LØKKEGAARD, Catharina RINZEMA

Proposal for a regulation
Article 32 – paragraph 1

1. For the purposes of compliance and verification of compliance with ecodesign requirements, tests, measurements and calculations shall be made using actionable, reliable, accurate ~~and~~, reproducible and standardised methods that take into account the generally recognised state-of- the art methods. Such methods shall fulfil the test, measurement and calculation requirements set out in the relevant delegated acts adopted pursuant to Article 4.

Amendment 436 #

Proposal for a regulation
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 437 #

Proposal for a regulation
Article 33 – paragraph 1 – subparagraph 1

Products falling within the scope of a delegated act adopted pursuant to Article 4 shall not be placed on the market or put into service if they are designed to, or components, parts, software or other elements are added or installed at a later point in time to, alter their behaviour or properties when they are tested in order to reach a more favourable result for any of the product parameters regulated in delegated acts adopted pursuant to Article 4 by which the products are covered.

Amendment 438 #

Proposal for a regulation
Article 33 – paragraph 4

4. Software or firmware updates shall not worsen product performance in relation to any of the product parameters regulated in delegated acts adopted pursuant to Article 4 by which the products are covered or the functional performance from the perspective of the user when measured with the test method used for the conformity assessment, except with explicit consent of the end- user prior to the update. No performance change shall occur as a result of rejecting the update. Software or firmware updates shall not worsen performance referred to in the first subparagraph to the extent that the product becomes non-compliant with the requirements set out in delegated acts adopted pursuant to Article 4 applicable at the time of the placing on the market or putting into service of the product.deleted

Amendment 439 #

Proposal for a regulation
Article 33 – paragraph 4 – subparagraph 1

SVoluntary or non-security software or firmware updates, shall not worsen product performance in relation to any of the product parameters regulated in delegated acts adopted pursuant to Article 4 by which the products are covered or the functional performance from the perspective of the user when measured with the test method used for the conformity assessment, except with explicit consent of the end-user prior to the update. No performance change shall occur as a result of rejecting the update.

Amendment 440 #

Proposal for a regulation
Article 34 – paragraph 3

3. Products covered by a delegated act adopted pursuant to Article 4, which have been awarded the EU Ecolabel pursuant to Regulation (EC) No 66/2010, or other public authority commissioned type l- ecolabels, shall be presumed to comply with the ecodesign requirements set out in that delegated act in so far as those requirements are covered by the EU Ecolabel criteria established according to Article 16(2) of Regulation (EC) No 66/2010.

Amendment 441 #

Proposal for a regulation
Article 34 – paragraph 3

3. Products covered by a delegated act adopted pursuant to Article 4, which have been awarded the EU Ecolabel pursuant to Regulation (EC) No 66/2010, or other public authority commissioned type I ecolabels, shall be presumed to comply with the ecodesign requirements set out in that delegated act in so far as those requirements are covered by the EU Ecolabel criteria established according to Article 16(2) of Regulation (EC) No 66/2010.

Amendment 442 #

Proposal for a regulation
Article 35

1. The Commission may adopt implementing acts laying down common specifications for ecodesign requirements, the essential requirements for product passports referred to in Article10 or for test, measurement or calculation methods referred to in Article 32, in the following situations: (a) it has requested one or more European standardisation organisations to draft a harmonised standard in relation to an ecodesign requirement or method that is not covered by a harmonised standard or part thereof, the references of which have been published in the Official Journal of the European Union, and there are either undue delays in the standardisation procedure or the request has not been accepted by any of the European standardisation organisations; (b) the Commission has decided in accordance with the procedure referred to in Article 11(5) of Regulation (EU) No 1025/2012 to maintain with restriction or to withdraw the references to the harmonised standards or parts thereof by which an ecodesign requirements or method is covered. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 67(3). 2. Test, measurement and calculation methods referred to in Article 32which are in conformity with common specification or parts thereof shall be presumed to be in conformity with the requirements set out in that Article and with test, measurement and calculation requirements set out in delegated acts adopted pursuant to Article 4 to the extent that those requirements are covered by such common specification or parts thereof. 3. Products which are in conformity with common specifications or parts thereof shall be presumed to be in conformity with ecodesign requirements set out in the delegated act adopted pursuant to Article 4 by which those products are covered to the extent that those requirements are covered those common specifications or parts thereof.Article 35 deleted Common specifications

Amendment 443 #

Ivars IJABS, Andrus ANSIP, Vlad-Marius BOTOŞ, Dita CHARANZOVÁ, Svenja HAHN, Morten LØKKEGAARD, Catharina RINZEMA

Proposal for a regulation
Article 35 – paragraph 1 – subparagraph 1 – introductory part

The Commission may, where there is agreement with the standardization organisations that is appropriate, adopt implementing acts laying down common specifications for ecodesign requirements, the essential requirements for product passports referred to in Article10 or for test, measurement or calculation methods referred to in Article 32, in the following situations:

Amendment 444 #

Proposal for a regulation
Article 35 – paragraph 1 – subparagraph 1 – introductory part

Amendment 445 #

Proposal for a regulation
Article 35 – paragraph 1 – subparagraph 2

Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 67(3). Any common specifications that are drafted should be withdrawn when a new standard is adopted.

Amendment 446 #

Proposal for a regulation
Article 39 – paragraph 3

3. For a product in the conformity assessment of which a notified body participates, the CE marking shall be followed by the identification number of that notified body. The identification number of the notified body shall be affixed by the body itself or, under its instructions, by the manufacturer or its authorised representative.deleted

Amendment 447 #

Proposal for a regulation
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 448 #

Proposal for a regulation
Article 40 – paragraph 1 – introductory part

When specifying alternative rules on the conformity assessment, declaration of conformity or markings indicating conformity with the applicable requirements under Union law pursuant to Article 4, third subparagraph, point (f), the Commission shall take into account the following criteria:

Amendment 449 #

Proposal for a regulation
Article 40 – paragraph 1 – point c a (new)

(c a) If a general conformity assessment could be provided through the digital product passport which could serve as an alternative Declaration of Conformity for the product group in scope.

Amendment 450 #

Proposal for a regulation
Article 41 – paragraph 1

Member States shall notify the Commission and the other Member States of bodies authorised to carry out the third- party conformity assessment tasks when provided for under the delegated acts adopted pursuant to Article 4.

Amendment 451 #

Proposal for a regulation
Article 53 – paragraph 3

3. Where a notified body finds that a manufacturer does not meet the relevant requirements or corresponding harmonised standards, common specifications or other technical specifications, it shall require that manufacturer to take appropriate corrective measures within a reasonable period of time in view of a second and final conformity assessment, unless the deficiencies cannot be remedied, in which case it shall not issue a certificate or approval decision.

Amendment 452 #

Proposal for a regulation
Article 53 – paragraph 4

4. Where, in the course of the monitoring of conformity following the issue of a certificate or approval decision, a notified body finds that a product or the manufacturer does not comply or no longer complies, it shall require the manufacturer to take appropriate corrective measures within a reasonable period of time and shall suspend or withdraw the certificate or approval decision if necessary.

Amendment 453 #

Proposal for a regulation
Article 58

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. 2. When establishing requirements pursuant to Article 4, third subparagraph, point (h), for public contracts, the Commission shall take into account the following criteria: (a) the value and volume of public contracts awarded for that given product group or for the services or works using the given product group; (b) the need to ensure sufficient demand for more environmentally sustainable products; (c) the economic feasibility for contracting authorities or contracting entities to buy more environmentally sustainable products, without entailing disproportionate costs.Article 58 deleted Green public procurement

Amendment 454 #

Proposal for a regulation
Article 58

Amendment 455 #

Proposal for a regulation
Article 58 – paragraph 1

Amendment 456 #

Proposal for a regulation
Article 58 – paragraph 1

Amendment 457 #

Proposal for a regulation
Article 58 – paragraph 2

2. When establishing requirements pursuant to Article 4, third subparagraph, point (h), for public contracts, the Commission shall take into account the following criteria: (a) the value and volume of public contracts awarded for that given product group or for the services or works using the given product group; (b) the need to ensure sufficient demand for more environmentally sustainable products; (c) the economic feasibility for contracting authorities or contracting entities to buy more environmentally sustainable products, without entailing disproportionate costs.deleted

Amendment 458 #

Proposal for a regulation
Article 58 – paragraph 2 – point a

~~(a) the value and volume of public contracts awarded for that given product group or for the services or works using the given product group;~~deleted

Amendment 459 #

Proposal for a regulation
Article 58 – paragraph 2 – point b

~~(b) the need to ensure sufficient demand for more environmentally sustainable products;~~deleted

Amendment 460 #

Proposal for a regulation
Article 58 – paragraph 2 – point c

~~(c) the economic feasibility for contracting authorities or contracting entities to buy more environmentally sustainable products, without entailing disproportionate costs.~~deleted

Amendment 461 #

Proposal for a regulation
Article 58 – paragraph 2 a (new)

2 a. Notwithstanding paragraph 1 in this article the Member States can always use officially recognised EN ISO 14024 ecolabels as a selection criteria in line with Directive 2014/24/EU article 43.

Amendment 462 #

Adriana MALDONADO LÓPEZ, Biljana BORZAN, Clara AGUILERA, Marc ANGEL, Brando BENIFEI, Maria GRAPINI, Maria-Manuel LEITÃO-MARQUES, Christel SCHALDEMOSE, René REPASI

Proposal for a regulation
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 463 #

Proposal for a regulation
Article 58 – paragraph 2 a (new)

2 a. When setting targets pursuant to paragraph 1 of this Article, the Commission shall prioritise second-hand and refurbished products, when available.

Amendment 464 #

Adriana MALDONADO LÓPEZ, Biljana BORZAN, Clara AGUILERA, Marc ANGEL, Brando BENIFEI, Maria GRAPINI, Maria-Manuel LEITÃO-MARQUES, Christel SCHALDEMOSE, René REPASI

Proposal for a regulation
Article 59 – paragraph 2 – point b

(b) the environmental and social impacts of non- compliance;

Amendment 465 #

Proposal for a regulation
Article 59 – paragraph 2 – point b a (new)

(b a) the number of complaints received from end-users , consumer organisations or other representative entities.

Amendment 466 #

Adriana MALDONADO LÓPEZ, Biljana BORZAN, Clara AGUILERA, Marc ANGEL, Brando BENIFEI, Maria GRAPINI, Maria-Manuel LEITÃO-MARQUES, Christel SCHALDEMOSE, René REPASI

Proposal for a regulation
Article 59 – paragraph 3

3. The nature and number of checks planned pursuant to paragraph 1, point (b), shall be proportionate to the objective criteria used to identify the priorities in line with paragraph 2. For product-categories identified as being high-risk of non- compliance, checks shall include as a minimum sample testing.

Amendment 467 #

Adriana MALDONADO LÓPEZ, Biljana BORZAN, Clara AGUILERA, Marc ANGEL, Brando BENIFEI, Maria GRAPINI, Maria-Manuel LEITÃO-MARQUES, Christel SCHALDEMOSE, René REPASI

Proposal for a regulation
Article 59 a (new)

Article 59 a Possibility to lodge complaints 1. Market surveillance authorities shall establish a public database and ensure its easy access to allow any natural or legal person to lodge complaints where they deem, based on objective cirucumstances, that an operator or trader failed to comply with the requirements under this regulation. 2. Market surveillance authorities shall assess the complaints received and take appropriate action, including checks, inspections and hearings of operators or traders within a reasonable time-limit, in order to detect potential non-compliance and adopt interim measure. 3. Market surveillance authorities shall inform the natural or legal person having submitted a complaint of its decision to accede or refuse the request for action. Such decision shall take into consideration the objective cirucumstances provided for the complaint. Such decision shall state the reason for it. 4. The information received on possible non-compliance shall be shared with other national market surveillance authorities and with the Commission through the information and communication system referred to in Article 61 of this Regulation. 5. Market surveillance authorities shall publish a summary of the findings of their investigations, as well as of the decision taken, including sanctions and penaliteis applied to the economic operator or traders having infringed its obligations.

Amendment 468 #

Adriana MALDONADO LÓPEZ, Biljana BORZAN, Clara AGUILERA, Marc ANGEL, Brando BENIFEI, Maria GRAPINI, Maria-Manuel LEITÃO-MARQUES, Christel SCHALDEMOSE

Proposal for a regulation
Article 62 – paragraph 2 – subparagraph 1 – point d a (new)

(d a) the Commission should consult with stakeholders and experts where appropriate

Amendment 469 #

Adriana MALDONADO LÓPEZ, Biljana BORZAN, Clara AGUILERA, Marc ANGEL, Maria GRAPINI, Maria-Manuel LEITÃO-MARQUES, Christel SCHALDEMOSE, René REPASI

Proposal for a regulation
Article 68 – paragraph 1

Member States shall lay down the rules on penalties applicable to infringements of this Regulation and shall take all measures necessary to ensure that they are implemented. The penalties provided for shall be effective, proportionate and dissuasive, taking into account the extent of non-compliance and the number of units of non-complying products placed on the Union market. Member States shall notify the Commission of those provisions by [one year after the date of application of this Regulation] at the latest and shall notify it without delay of any subsequent amendment affecting them. Penalties shall include as a minimum (a) fines proportionate to the extent of non-compliance, number of units of non- complying products and environmental impact of the non-compliance, calculating the level of the fines in such a way as to make sure that they effectively deprive those responsible of the economic benefits derived from their infringements, and gradually increased the level of such fines for repeated infringements.The maximum amount of such fines shall be at least 4% of the manufcacturer's annual EU turnover. (b) in case of repeated and serious infringements to the requirements of this Regulation, temporary suspension of placing products on the market (c) temporary exclusion from public procurement processes (d) publication of the decision taken by the market surveillance authority stating the extent of non-compliance the corrective actin to be taken and the penalties applied to the economic operator.

Amendment 470 #

Adriana MALDONADO LÓPEZ, Biljana BORZAN, Clara AGUILERA, Marc ANGEL, Brando BENIFEI, Maria GRAPINI, Maria-Manuel LEITÃO-MARQUES, Christel SCHALDEMOSE, René REPASI

Proposal for a regulation
Article 68 a (new)

Article 68 a Access to remedies in case of non- compliance 1. In the event of non-compliance of a product with ecodesign requirements, the product shall be considered to be in non- conformity with the sales contract pursuant to Article 5 of Directive (EU)2019/771, and shall give consumers the rights to remedy under the conditions set out in Article 13 of this Directive. 2. Marketing or offering on sale of a product which is non-compliant with ecodesign requirements shall be considered as an unfair commercial practice in accordance with Article 5 of Directive (EU) 2005/29. Consumers shall be given the right to remedy as laid down in the later.

Amendment 471 #

Adriana MALDONADO LÓPEZ, Biljana BORZAN, Clara AGUILERA, Marc ANGEL, Brando BENIFEI, Maria GRAPINI, Maria-Manuel LEITÃO-MARQUES, Christel SCHALDEMOSE, René REPASI

Proposal for a regulation
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.

Amendment 472 #

Proposal for a regulation
Article 70 a (new)

Article 70 a Amendments to Directive (EU) 2020/1828 In annex I to Directive (EU) 2020/1828, point 27 shall be replaced by the following: “(27) Regulation (EU) …/… of the European Parliament and of the Council of … on establishing a framework for setting ecodesign requirements for sustainable products and repealing Directive2009/125/EC.

Amendment 473 #

Adriana MALDONADO LÓPEZ, Biljana BORZAN, Clara AGUILERA, Marc ANGEL, Brando BENIFEI, Maria GRAPINI, Maria-Manuel LEITÃO-MARQUES, Christel SCHALDEMOSE, René REPASI

Proposal for a regulation
Annex I – paragraph 1 – point b

(b) ease of repair and maintenance as expressed through: characteristics, availability and delivery time and price of spare parts, modularity, compatibility with commonly available spare parts, availability of repair and maintenance instructions, number of materials and components used, use of standard components, use of component and material coding standards for the identification of components and materials, number and complexity of processes and tools needed, use of standard tools, ease of non-destructive disassembly and re- assembly, conditions for access to product data, conditions for access to or use of hardware and ~~software needed~~conditions of access to software needed, paying due regard to the protection of intellectual property rights;

Amendment 474 #

Adriana MALDONADO LÓPEZ, Biljana BORZAN, Clara AGUILERA, Marc ANGEL, Brando BENIFEI, Maria GRAPINI, Maria-Manuel LEITÃO-MARQUES, Christel SCHALDEMOSE, René REPASI

Proposal for a regulation
Annex I – paragraph 1 – point b

(b) ease of repair and maintenance as expressed through: characteristics, existence of usage-meters availability and delivery time of spare parts, modularity, compatibility with commonly available spare parts, availability of repair and maintenance instructions, number of materials and components used, use of standard components, use of component and material coding standards for the identification of components and materials, number and complexity of processes and tools needed, ease of non-destructive disassembly and re-assembly, conditions for access to product data, conditions for access to or use of hardware and software needed;

Amendment 475 #

Adriana MALDONADO LÓPEZ, Biljana BORZAN, Clara AGUILERA, Marc ANGEL, Brando BENIFEI, Maria GRAPINI, Maria-Manuel LEITÃO-MARQUES, Christel SCHALDEMOSE, René REPASI

Proposal for a regulation
Annex III – paragraph 1 – point k a (new)

(k a) Information about the duration of a commercial guarantee of durability as specified by the Consumer Rights Directive (EU)2019/77 and in the proposal of COM (2022)143 revising the Consumer Rights Directive 2011/83/EU should be of high interest to consumers. Therefore, including information about the duration of such a type of guarantee in the DPP would be beneficial to the Circular Economy and to further empower consumers by ensuring full transparency on the durability of the products they purchase.

Amendment 476 #

Jean-Lin LACAPELLE, Virginie JORON, Markus BUCHHEIT

Proposal for a regulation
Annex III – paragraph 1 a (new)

information on the location of the various manufacturing stages;

source: 739.577

2023/01/18 ENVI 904 amendments...

Amendment 100 #

Proposal for a regulation
Recital 1

(1) Whereas: The European Green 25 Deal 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~~Europe 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. __________________ 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 1000 #

Proposal for a regulation
Article 20 – paragraph 3 – subparagraph 2 – point b

(b) damage to products as a result of their handling or detected after a product has been returned by a ~~consum~~n end-user;

Amendment 1001 #

Proposal for a regulation
Article 20 – paragraph 3 – subparagraph 2 – point b

(b) unrepairable damage to products as a result of their handling or detected after a product has been returned ~~by a consumer~~;

Amendment 101 #

Proposal for a regulation
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 102 #

Martin HOJSÍK, Nicolae ŞTEFĂNUȚĂ, Max ORVILLE, Michal WIEZIK, Susana SOLÍS PÉREZ, Róża THUN UND HOHENSTEIN

Proposal for a regulation
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. 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 generally 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 103 #

Proposal for a regulation
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. 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 safe 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 104 #

Proposal for a regulation
Recital 3

(3) The European Industrial Strategy27 sets out the Union’s overarching ambition to foster a ‘twin transition’ to climate neutrality and digital leadership. It echoes the European Green Deal in pointing to the leading role that Europe’s industry must play in this, by reducing its carbon and material footprint and embedding circularity across the economy, and underlines the need to move away from traditional models, and revolutionise the way we design, make, use and dispose of products. The 2021 Update to the Industrial Strategy28 reinforces the main messages of the 2020 Strategy and focuses on the lessons from the COVID-19 crisis, including the need to foster resilience.(Does not affect English version.) __________________ 27 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 Industrial Strategy for Europe COM(2020)102 final. 28 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 Updating the 2020 New Industrial Strategy: Building a stronger Single Market for Europe’s recovery COM(2021)350 final.

Amendment 105 #

Hildegard BENTELE, Marlene MORTLER, Andreas SCHWAB, Peter LIESE, Christian DOLESCHAL, Angelika NIEBLER

Proposal for a regulation
Recital 3

(3) The European Industrial Strategy27 sets out the Union’s overarching ambition to foster a ‘twin transition’ to climate neutrality and digital leadership. It echoes the European Green Deal in pointing to the leading role that Europe’s industry must play in this, by reducing its carbon and material footprint and embedding circularity across the economy, and underlines the need to move away from traditional models, and revolutionise the way we design, make, use and dispose of products. The 2021 Update to the Industrial Strategy28 reinforces the main messages of the 2020 Strategy and focuses on the lessons from the COVID-19 crisis, including the need to foster resilience. This regulation offers a unique opportunity to reduce the material footprint of products that are used on a daily basis by European citizens. __________________ 27 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 Industrial Strategy for Europe COM(2020)102 final. 28 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 Updating the 2020 New Industrial Strategy: Building a stronger Single Market for Europe’s recovery COM(2021)350 final

Amendment 106 #

Proposal for a regulation
Recital 3 a (new)

(3a) Secure and sufficient availability of critical raw primary and secondary materials is key for a successful European twin transition while ensuring a competitive European industry. Relevant, targeted and comprehensive information requirements on critical raw materials on products placed on the European market should be designed to deliver the approach outlined in the Communication on Critical Raw Materials Resilience1a and the European Parliament's resolution1b and in light of the upcoming EU Critical Raw Materials Act1c with a view to monitoring, enabling and promoting the use, re-use and recyclability of primary and secondary materials in question. __________________ 1a COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT, THE COUNCIL, THE EUROPEAN ECONOMIC AND SOCIAL COMMITTEE AND THE COMMITTEE OF THE REGIONS Critical Raw Materials Resilience: Charting a Path towards greater Security and Sustainability COM/2020/474 final 1b European Parliament resolution of 24 November 2021 on a European strategy for critical raw materials (2021/2011(INI). 1c COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT, THE COUNCIL, THE EUROPEAN ECONOMIC AND SOCIAL COMMITTEE AND THE COMMITTEE OF THE REGIONS. Commission work programme 2023. A Union standing firm and united

Amendment 107 #

Proposal for a regulation
Recital 4

(4) In the absence of legislation at Union level, diverging national approaches to improving the environmental sustainability of products have already emerged, ranging from information requirements on the duration of software compatibility of electronic devices to reporting obligations on handling unsold durable goods. This is an indication that further national efforts to achieve the aims pursued by this Regulation w~~ill~~ould likely lead to further fragmentation of the internal market. Therefore, in order to safeguard the functioning of the internal market while ensuring a high level of environmental protection, there is a need for a regulatory framework to progressively introduce ecodesign requirements for products. This Regulation will, by making the ecodesign approach initially set out in Directive 2009/125/EC of the European Parliament and of the Council29 applicable to the broadest possible range of products, provide such a framework. __________________ 29 Directive 2009/125/EC of the European Parliament and of the Council of 21 October 2009 establishing a framework for the setting of ecodesign requirements for energy-related products (Text with EEA relevance) (OJ L 285, 31.10.2009, p. 10).

Amendment 108 #

Jan HUITEMA, Karin KARLSBRO, Nils TORVALDS, Frédérique RIES, Andreas GLÜCK, Susana SOLÍS PÉREZ, Ulrike MÜLLER, Asger CHRISTENSEN

Proposal for a regulation
Recital 4

(4) In the absence of legislation at Union level, diverging national approaches to improving the environmental sustainability of products have already emerged, ranging from information requirements on the duration of software compatibility of electronic devices to reporting obligations on handling unsold durable goods. This is an indication that further national efforts to achieve the aims pursued by this Regulation will likely lead to further fragmentation of the internal market. Therefore, in order to safeguard the functioning of the internal market while ensuring a high level of environmental protection, there is a need for a regulatory framework to progressively introduce ecodesign requirements for products, except for products for which such specific legislation is already in place. This Regulation will, by making the ecodesign approach initially set out in Directive 2009/125/EC of the European Parliament and of the Council29 applicable to the broadest possible range of products, provide such a framework. __________________ 29 Directive 2009/125/EC of the European Parliament and of the Council of 21 October 2009 establishing a framework for the setting of ecodesign requirements for energy-related products (Text with EEA relevance) (OJ L 285, 31.10.2009, p. 10).

Amendment 109 #

Proposal for a regulation
Recital 5

Amendment 110 #

Martin HOJSÍK, Nicolae ŞTEFĂNUȚĂ, Max ORVILLE, Frédérique RIES, Michal WIEZIK, Catherine CHABAUD, Susana SOLÍS PÉREZ, Róża THUN UND HOHENSTEIN

Proposal for a regulation
Recital 5

(5) This Regulation will support production and consumption patterns that are aligned with the Union’s overall sustainability targets by establishing a legislative framework which contributes to ~~mak~~enabling 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, recyclability, renewability, and reparability, improve possibilities for refurbishment and maintenance, address the presence of hazardous chemicals in products, increase their energy and resource efficiency, reduce their expected generation of waste materials and increase recycled content in products, while ensuring their performance and safety, enabling remanufacturing and high-quality recycling and reducing carbon and environmental footprints.

Amendment 111 #

Alexander BERNHUBER

Proposal for a regulation
Recital 5

(5) This Regulation will contribute to making products fit for a climate-neutral, resource-efficient and circular economy, reducing waste and ensuring that the performance of frontrunners in sustainability progressively becomes the norm. It should provide for the setting of new ecodesign requirements to improve product durability, reusability, upgradability and reparability, improve possibilities for refurbishment and maintenance, address the presence of hazardous chemicals in products, increase their energy and resource efficiency, reduce their expected generation of waste materials and increase recycled content in products, while ensuring their performance and safety, enabling remanufacturing and high-quality recycling and reducing carbon and environmental footprints. Under no circumstances shall this result in any financial, fiscal or other disadvantage for products not covered under this regulation, adhering to established sustainability criteria – whether by legislation or by adhering to standards.

Amendment 112 #

Dan-Ştefan MOTREANU

Proposal for a regulation
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 premature obsolescence of products, address the presence of hazardous chemicals in products, increase their energy and resource efficiency, reduce their expected generation of waste materials and increase recycled content in products, while ensuring their performance and safety, enabling remanufacturing and high-quality recycling and reducing carbon and environmental footprints.

Amendment 113 #

Proposal for a regulation
Recital 5

Amendment 114 #

Proposal for a regulation
Recital 5

(5) This Regulation will contribute to making products and digital services fit for a climate-neutral, resource-efficient and circular economy, reducing waste and ensuring that the performance of frontrunners in sustainability progressively becomes the norm. It should provide for the setting of new ecodesign requirements to improve product durability, reusability, upgradability and reparability, improve possibilities for refurbishment and maintenance, address the presence of hazardous chemicals in products, increase their energy and resource efficiency, reduce their expected generation of waste materials and increase recycled content in products, while ensuring their performance and safety, enabling remanufacturing and high-quality recycling and reducing carbon and environmental footprints.

Amendment 115 #

Proposal for a regulation
Recital 5 a (new)

(5a) Although it is not in the scope of this Regulation, the European Commission should take into account an essential aspect of eco-design beyond the requirements, which is the development of eco-design support tools for all companies and actors involved in the value chain. The Commission should put in place a European plan to promote the development of eco-design tools of this type, as well as economic support measures for businesses, particularly SMEs and micro-enterprises. This plan should create a European database which could be based on the model of the Ecodesign Pilot software developed by the Vienna University of Technology, which offers a computerised checklist of good practices and questions to ask for the eco- design of a product. Other tools exist, such as the French initiatives Ecofair, which makes it possible to integrate an environmental parameter, or Bilan Produit, which proposes a simplified approach to the life cycle analysis of a product, and whose model can inspire the development of European tools.

Amendment 116 #

Proposal for a regulation
Recital 5 a (new)

(5a) As this Regulation will establish provisions to extend the lifecycle of products on the single market, it should not impede the re-use of components or spare parts for repairing products.

Amendment 117 #

Proposal for a regulation
Recital 6

(6) The European Parliament, in its Resolution of 25 November 2020 ‘Towards a more sustainable single market for business and consumers’30 , ~~welcomed promoting durable products which are easier to repair, re-use and recycle~~called for setting a right framework to ensure the production of durable products which are easier to repair, re-use and recycle while providing increased rights for consumers, including information requirements and longer legal guarantee periods. In its report on the New Circular Economy Action Plan adopted on 16 February 202131 , the European Parliament ~~further endorsed the agenda presented by the Commission in the CEAP~~called for EU binding targets to significantly reduce EU material and consumption footprints. It considered that the transition to a circular economy can provide solutions to address the current environmental challenges and the economic crisis brought on by the COVID- 19 pandemic. The Council, in its conclusions on ‘Making the Recovery Circular and Green’ adopted on 11 December 202032 , also welcomed the Commission’s intention to submit legislative proposals as part of a comprehensive and integrated sustainable product policy framework that promotes climate neutrality, energy and resource efficiency and a non-toxic circular economy, protects public health and biodiversity, and empowers and protects consumers and public buyers. __________________ 30 P9_TA(2020)0318. 31 P9_TA(2021)0040. 32 13852/20.

Amendment 118 #

Proposal for a regulation
Recital 7

(7) This Regulation should contribute to achieving the Union’s climate and energy objectives. In line with the goals set out in the Paris Agreement, ratified by the Union in 201633, Regulation (EU) 2021/1119 of the European Parliament and of the Council, the ‘European Climate Law’34 establishes a binding Union domestic reduction commitment of net greenhouse gas emissions of at least 55 % by 2030 compared to 1990, and enshrines in legislation the target of economy-wide climate neutrality by 2050. In 2021 the Commission adopted the Fit for 55 Package35 to make the Union’s climate and energy policies fit for achieving these objectives. To do so, in line with the energy efficiency first principle enshrined in Directive (EU) 2018/2002 of the European Parliament and of the Council36, energy efficiency improvements need to be significantly stepped up, to around 36% in terms of final energy consumption by 203037. Product requirements established under this Regulation should play a significant role towards this target by substantially decreasing products’ energy footprint. These energy efficiency requirements will also reduce consumer vulnerability to energy price increases. As recognised by the Paris Agreement improving the sustainability of ~~consump~~production and ~~produc~~consumption will also play an important role in addressing climate change. __________________ 33 Council Decision (EU) 2016/1841 of 5 October 2016 on the conclusion, on behalf of the European Union, of the Paris Agreement adopted under the United Nations Framework Convention on Climate Change (OJ L 282, 19.10.2016, p. 1). 34 Regulation (EU) 2021/1119 of the European Parliament and of the Council of 30 June 2021 establishing the framework for achieving climate neutrality and amending Regulations (EC) No 401/2009 and (EU) 2018/1999 (‘European Climate Law’) (OJ L 243, 9.7.2021, p. 1 ). 35https://ec.europa.eu/commission/presscor ner/detail/en/IP_21_3541 36 Directive (EU) 2018/2002 of the European Parliament and of the Council of 11 December 2018 amending Directive 2012/27/EU on energy efficiency (OJ L 328, 21.12.2018, p. 210). 37 According to the impact assessment accompanying the Climate Target Plan (Stepping up Europe’s 2030 climate ambition – Investing in a climate-neutral future for the benefit of our people, COM/2020/562 final) and to the [Energy Efficiency Directive proposal]

Amendment 119 #

Proposal for a regulation
Recital 8

(8) This Regulation should also contribute to achieving the Union’s wider environmental objectives. The 8th Environmental Action Programme38 enshrines in a ~~legal~~monitoring 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 120 #

Martin HOJSÍK, Nicolae ŞTEFĂNUȚĂ, Max ORVILLE, Michal WIEZIK, Susana SOLÍS PÉREZ, Róża THUN UND HOHENSTEIN

Proposal for a regulation
Recital 8

(8) This Regulation should also contribute to achieving the Union’s wider environmental objectives. The 8th Environmental Action Programme38 enshrines in a legal 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 Un(Does not affect English version.) __________________ 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 121 #

Proposal for a regulation
Recital 8

(8) This Regulation should also contribute to achieving the Union’s wider environmental objectives. The 8th Environmental Action Programme38 enshrines in a legal 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 ascome 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 122 #

Proposal for a regulation
Recital 9 a (new)

(9a) There are numerous recognised EN ISO 14024 ecolabels across the Union. In many Member States, such ecolabels are well-established and recognised by consumers. New labelling requirements laid down in this Regulation should therefore not exclude such existing ecolabels.

Amendment 123 #

Proposal for a regulation
Recital 9 a (new)

(9a) Consumers should also be supported in their efforts to consume sustainably and have the tools to make informed purchasing choices. The development of European Ecolabels, provided for in Regulation EC 66/2010 of the European Parliament and of the Council, which can be affixed to products on a voluntary basis, is a valuable tool in this process. Given the contribution that these labels make to the circular economy and their role in supporting public policies, the Commission should ensure that the existence of Ecolabels are properly promoted, as provided for in article 12 of the above-mentioned Regulation, in particular by further encouraging businesses, and especially SMEs, to subscribe to them.

Amendment 124 #

Proposal for a regulation
Recital 9 a (new)

(9a) There are well-established already existing officially recognised Type 1 ecolabels (ISO 14024) in many Member States, well-known and with high confidence among the consumers. Therefore new labels should only be introduced, as referred to in Article 7 (6) and Article 14, if there do not already exist such ecolabels for the product group.

Amendment 125 #

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. In particular, the Commission should encourage research into innovative solutions for composite materials, and promote, for example, the emergence of mono-molecular materials and mechanical assembly (rather than gluing), in order to facilitate the deconstruction and recyclability of products at the end of their life. 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. In addition, exemptions should be made at the level of the framework for those products for which it is already clear that ecodesign requirements would not be suitable or where other frameworks provide for the setting of such requirements. This should be the case for food and feed as defined in Regulation (EC) No 178/2002 of the European Parliament and of the Council44 , medicinal products for human use as defined in Directive 2001/83/EC of the European Parliament and of the Council45 , veterinary medicinal products as defined in Regulation (EU) 2019/6 of the European Parliament and of the Council46 , living plants, animals and micro-organisms, products of human origin, and products of plants and animals relating directly to their future reproduction. __________________ 44 Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety (OJ L 31, 1.2.2002, p. 1). 45 Directive 2001/83/EC of the European Parliament and of the Council of 6 November 2001 on the Community code relating to medicinal products for human use (OJ L 311, 28.11.2001, p. 67). 46 Regulation (EU) 2019/6 of the European Parliament and of the Council of 11 December 2018 on veterinary medicinal products and repealing Directive 2001/82/EC (OJ L 4, 7.1.2019, p. 43).

Amendment 126 #

Jan HUITEMA, Karin KARLSBRO, Nils TORVALDS, Ondřej KNOTEK, Frédérique RIES, Andreas GLÜCK, Susana SOLÍS PÉREZ, Ulrike MÜLLER, Asger CHRISTENSEN

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 ecodesign requirements or for second- hand products and new or second-hand components, originally designed or manufactured 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, as is for example the case for batteries, toys and packaging. This should be the case for food and feed as defined in Regulation (EC) No 178/2002 of the European Parliament and of the Council44 , medicinal products for human use as defined in Directive 2001/83/EC of the European Parliament and of the Council45 , veterinary medicinal products as defined in Regulation (EU) 2019/6 of the European Parliament and of the Council46 , living plants, animals and micro-organisms, products of human origin, and products of plants and animals relating directly to their future reproduction. __________________ 44 Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety (OJ L 31, 1.2.2002, p. 1). 45 Directive 2001/83/EC of the European Parliament and of the Council of 6 November 2001 on the Community code relating to medicinal products for human use (OJ L 311, 28.11.2001, p. 67). 46 Regulation (EU) 2019/6 of the European Parliament and of the Council of 11 December 2018 on veterinary medicinal products and repealing Directive 2001/82/EC (OJ L 4, 7.1.2019, p. 43).

Amendment 127 #

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 ecodesign requirements, or for second- hand products, new or second-hand components, for example the ones that were originally designed or manufactured 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).

Amendment 128 #

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 ecodesign 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).

Amendment 129 #

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 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 130 #

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. 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 Council, 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 Council, living plants, animals and micro-organisms, products of human origin, products of plants and animals of human origin, and products ofrom plants and animals relating directly to their future reproduction. __________________ 44 Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety (OJ L 31, 1.2.2002, p. 1). 45 Directive 2001/83/EC of the European Parliament and of the Council of 6 November 2001 on the Community code relating to medicinal products for human use (OJ L 311, 28.11.2001, p. 67). 46 Regulation (EU) 2019/6 of the European Parliament and of the Council of 11 December 2018 on veterinary medicinal products and repealing Directive 2001/82/EC (OJ L 4, 7.1.2019, p. 43).

Amendment 131 #

Proposal for a regulation
Recital 11 a (new)

(11a) While representing an increasing share of the European economy, digital services are seldom designed in a way that reduces their energy footprint and storage requirements. Actors who would like to resort to ecodesigned digital services have little ways of comparing their environmental virtue. To enable the generalisation of a sustainably digital environment, a European label for the ecodesign of services should be developed. Such label would ensure trustworthy implementation of best practices by digital services providers, distinguish them from their competitors and serve as a market both for public procurement and private actors engaging in the green transition.

Amendment 132 #

Proposal for a regulation
Recital 11 a (new)

(11a) In order to create an effective and clear regulatory framework, it is vital that duplication and regulatory overlap be avoided. Therefore, components should not be regulated both as components as such and also as finished products.

Amendment 133 #

Proposal for a regulation
Recital 13

(13) In order to improve the environmental sustainability of products and to ensure the free movement of products in the internal market, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission to supplement this Regulation by setting out ecodesign requirements. Those ecodesign requirements should in principle apply to specific product groups, such as washing machines or ~~washing machines and~~ washer dryers. In order to maximise the effectiveness of ecodesign requirements and to efficiently improve environmental sustainability of products, it should also be possible to set out one or more horizontal ecodesign requirements for a wider range of products groups, such as electronic appliances or textiles. Horizontal ecodesign requirements should be established where the technical similarities of product groups allow their environmental sustainability to be improved based on the same requirements.

Amendment 134 #

César LUENA, Javi LÓPEZ, Nicolás GONZÁLEZ CASARES, Estrella DURÁ FERRANDIS

Proposal for a regulation
Recital 13

(13) In order to improve the environmental sustainability of products and to ensure the free movement of products in the internal market, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission to supplement this Regulation by setting out ecodesign requirements. Those ecodesign requirements should in principle apply to specific product groups, such as washing machines or washing machines and washer dryers. In order to maximise the effectiveness of ecodesign requirements and to efficiently improve environmental sustainability of products, it should also be possible to set out one or more horizontal ecodesign requirements for a wider range of products groups, such as electronic appliances or textiles. Horizontal ecodesign requirements should be established where the technical similarities of product groups allow their environmental sustainability to be improved based on the same requirements. Overall horizontal requirements should also be developed with regard to specific product aspects durability and repairability to ensure that such requirements apply across all new products and be implemented in delegated acts.

Amendment 135 #

Proposal for a regulation
Recital 14

(14) In order to allow the Commission to set requirements as appropriate to the product groups covered, ecodesign requirements should include performance and information requirements. Those requirements should be used to improve product aspects relevant for environmental sustainability, such as energy efficiency, durability, reparability and carbon and harmonised environmental footprints based on common databases. Ecodesign requirements should be transparent, objective, proportionate, based on scientific knowledge and in compliance with international trade rules.

Amendment 136 #

Jan HUITEMA, Karin KARLSBRO, Róża THUN UND HOHENSTEIN, Ondřej KNOTEK, Frédérique RIES, Martin HOJSÍK, Catherine CHABAUD, Susana SOLÍS PÉREZ, Asger CHRISTENSEN

Proposal for a regulation
Recital 14

(14) In order to allow the Commission to set requirements as appropriate to the product groups covered, ecodesign requirements should include performance and information requirements. Those requirements should be used to improve product aspects relevant for environmental sustainability, such as energy efficiency, durability, repairability, recyclability, renewability, reusability, refurbishment and carbon and environmental footprints. Ecodesign requirements should be transparent, objective, proportionate and in compliance with international trade rules.

Amendment 137 #

Proposal for a regulation
Recital 14

(14) In order to allow the Commission to set requirements as appropriate to the product groups covered, ecodesign requirements should include performance and information requirements. Those requirements should be used to improve product aspects relevant for environmental sustainability, such as energy efficiency, durability, reparability ~~and~~, reusability, refurbishment as well as carbon and environmental footprints. Ecodesign requirements should be transparent, objective, proportionate and in compliance with international trade rules.

Amendment 138 #

Proposal for a regulation
Recital 15

(15) Once a delegated act setting ecodesign requirements is adopted by the Commission for a given product group, Member States should, in order to ensure the functioning of the internal market, no longer be allowed to set national performance requirements based on product parameters covered by such performance requirements laid down in that delegated act, and no longer be allowed to set national continue to be allowed to set national performance and information requirements based on product parameters covered by such inperforma~~tion~~nce requirements laid down in that delegated act. In order to ensure the functioning of the internal market, the Commission should be empowered to establish that no ecodesign requirements in the form of performance requirements and/or in the form of information requirements are necessary in relation to a specific product parameter.

Amendment 139 #

Hildegard BENTELE, Marlene MORTLER, Andreas SCHWAB, Peter LIESE, Christian DOLESCHAL, Angelika NIEBLER

Proposal for a regulation
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 bfal~~ance sustainability considerations with resilience and expected performance~~l 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 140 #

Proposal for a regulation
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 products should balance sustainability considerations with resilience and expected performance. The same principle should be valid for chemical substances, which are essential for ensuring functionalities and product performance needed for sustainable solutions. 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

(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 requi~~Double 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, premsent~~s 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 oth~~is Regu~~er 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 142 #

Proposal for a regulation
Recital 17

(17) ~~To avoid duplication of efforts and regulatory burden, consistenc~~Consistency and complementarity should be ensured between this Regulation and requirements set in or pursuant to other Union legislation, especially products, chemicals and waste legislation51 . ~~However, t~~The existence of empowerments under other Union legislation to set requirements with the same or similar effects as requirements under this Regulation does not limit the empowerments included in this Regulation, unless specified in this Regulation. __________________ 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 143 #

Jan HUITEMA, Karin KARLSBRO, Róża THUN UND HOHENSTEIN, Ondřej KNOTEK, Nils TORVALDS, Frédérique RIES, Andreas GLÜCK, Catherine CHABAUD, Susana SOLÍS PÉREZ, Ulrike MÜLLER, Asger CHRISTENSEN

Proposal for a regulation
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 , including legislation on packaging and packaging waste. However, the existence of empowerments under other Union legislation to set requirements with the same or similar effects as requirements under this Regulation does not limit the empowerments included in this Regulation, unless specified in this Regulation. __________________ 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 #

Hildegard BENTELE, Marlene MORTLER, Andreas SCHWAB, Peter LIESE, Christian DOLESCHAL, Angelika NIEBLER

Proposal for a regulation
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 145 #

Proposal for a regulation
Recital 18

(18) Delegated acts including ecodesign requirements should, as was the case under Directive 2009/125/EC, undergo a dedicated comprehensive 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~~, where appropriate, indirect consequences for supply chains and base its comprehensive 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 146 #

César LUENA, Javi LÓPEZ, Nicolás GONZÁLEZ CASARES, Estrella DURÁ FERRANDIS

Proposal for a regulation
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 and experience obtained from Product Footprint Category Rules. __________________ 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 147 #

Proposal for a regulation
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, and Directive 2010/75/EU of the European Parliament and of the Council53, technical screening criteria adopted pursuant to Regulation (EU) 2020/85254 of the European Parliament and of the Council54and 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

(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 149 #

Proposal for a regulation
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, as well as the area of electrical engineering - as developed by the European Committee for Electrotechnical Standardisation - constitute relevant examples of additional tools. 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 150 #

Proposal for a regulation
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, recyclability, renewability, reusability and refurbishment, including reparability scoring, identification of chemicals hindering re-use and recycling) in the assessment of products, in accordance with a life-cycle approach, 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

(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 152 #

Proposal for a regulation
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 and to gradually move to the best performing products where this is necessary to contribute to the environmental sustainability objectives of the Regulation.

Amendment 153 #

Silvia SARDONE, Rosanna CONTE, Gianna GANCIA, Danilo Oscar LANCINI, Gianantonio DA RE, Elisabetta DE BLASIS, Simona BALDASSARRE, Matteo ADINOLFI

Proposal for a regulation
Recital 21

(21) In order to ensure consistency, performance requirements should complement the implementation of Union legislation on waste. While requirements for placing on the market packaging as a final product are laid down under European Parliament and Council Directive 94/62/EC57 , this Regulation may complement that Directive by setting product-based requirements focussing on the packaging of specific products when placed on the market. Where relevant, such complementary requirements should contribute in particular to minimising the amount of packaging used, in turn contributing to the prevention of waste generation in the Union. However, in order to ensure a coherent approach to packaging durability, the Commission should ensure that any additional measures targeting packaging under this Regulation are compatible with the requirements taken into account in the revision of European Parliament and Council Directive 94/62/EC. __________________ 57 European Parliament and Council Directive 94/62/EC of 20 December 1994 on packaging and packaging waste (OJ L 365, 31.12.1994, p. 10).

Amendment 154 #

Proposal for a regulation
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 ~~should~~must 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~~ that negatively affect products’ sustainability. Such restrictions should be assessed according t~~heir manufacturing processes which negatively affect products’ sustainability~~o proportionality criteria, taking into account the actual environmental impact of the substance in the finished product placed on the market, the availability of alternatives and the effectiveness of the product itself. This Regulation also should not result in the duplication or replacement of restrictions of substances covered by 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 155 #

Hildegard BENTELE, Marlene MORTLER, Andreas SCHWAB, Peter LIESE, Christian DOLESCHAL, Angelika NIEBLER

Proposal for a regulation
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 sh~~ould~~all 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. Regulation based on negative impacts on the sustainability of products must be assessed and, where necessary, consider not just one objective but a holistic perspective. This Regulation also should not result in the duplication or replacement of restrictions of substances covered by 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 156 #

Proposal for a regulation
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 should ~~not~~also enable the restriction of substances based on chemical safety, as done under other Union legislation. Similarly, this Regulation should ~~not~~also enable the restriction of substances for reasons related to food safety. This is particularly relevant where 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 also 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~~enable to complement, where necessary, restrictions of substances covered by 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 157 #

Proposal for a regulation
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 should 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 legislation, 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 158 #

Proposal for a regulation
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 should 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 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 159 #

Proposal for a regulation
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 sh~~ould~~all 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 160 #

Proposal for a regulation
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 Council592, Regulation (EC) No 1223/2009 of the European Parliament and of the Council59, Regulation (EU) 2017/745 of the European Parliament and of the Council60, Regulation (EU) 2017/7456 of the European Parliament and of the Council61 and Directive 2009/48/EC of the European Parliament and of the Council.62 This Regulation should 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 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 161 #

Proposal for a regulation
Recital 22 a (new)

(22a) Encouraging the use of bio-based substances is essential to making the EU economy more circular and sustainable. The Chemicals Strategy for Sustainability notably encourages substituting chemicals with bio-based substances. The list of substances of concern should therefore not include bio-based substances unless they negatively impact the sustainability performance of a specific product. On the contrary, the use of safe, bio-based substances in products and processes should be promoted to replace hazardous chemicals.

Amendment 162 #

Unknown MEP, Asger CHRISTENSEN

Proposal for a regulation
Recital 22 a (new)

(22a) To ensure consistency with the Chemicals Strategy for Sustainability and the Bioeconomy Strategy, the definition of substances of concern must distinguish between synthetic chemicals and bio- based substances. Bio-based substances are key to making the EU economy more circular and sustainable while lowering its dependence on fossil fuels. The use of bio-based substances improves the overall sustainability and environmental performance of products. Therefore, biobased substances should not be preventively labelled as substances of concern to avoid losing their positive impact on the environment. On the contrary, the use of safe bio-based substances in products and processes should be promoted to replace hazardous chemicals.

Amendment 163 #

Christel SCHALDEMOSE

Proposal for a regulation
Recital 22 a (new)

(22a) The list of substances of concern should not include bio-based substances that are readily biodegradable. The list should only apply to substances of petrochemical and other synthetic origin in line with the ambition of the Chemicals Strategy for Sustainability to move towards sustainable bio-based chemicals. Increasing the use of bio-based substances in products to replace chemicals is essential to improving the sustainability performance of products and should be encouraged by this Regulation. Therefore, substances of biological origin should not be labelled as substances of concern to avoid misleading consumers to believe products that contain them are less sustainable by default.

Amendment 164 #

Silvia SARDONE, Rosanna CONTE, Gianna GANCIA, Danilo Oscar LANCINI, Gianantonio DA RE, Elisabetta DE BLASIS, Simona BALDASSARRE, Matteo ADINOLFI

Proposal for a regulation
Recital 23

(23) To improve environmental sustainability of products, information requirements should relate to a selected product parameter inherent 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 to the behavioural change needed to ensure that the environmental sustainability objectives of this Regulation are achieved. By providing a solid basis for 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.deleted

Amendment 165 #

Proposal for a regulation
Recital 23

Amendment 166 #

Proposal for a regulation
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 to~~have 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 167 #

Proposal for a regulation
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~~implementing acts with review procedures 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 to the behavioural change needed to ensure that the environmental sustainability objectives of this Regulation are achieved. By providing a solid basis for 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 168 #

Proposal for a regulation
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 to the behavioural change needed to ensure that the environmental sustainability objectives of this Regulation are achieved. By providing a solid basis for 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.(Does not affect English version.)

Amendment 169 #

César LUENA, Javi LÓPEZ, Nicolás GONZÁLEZ CASARES, Estrella DURÁ FERRANDIS

Proposal for a regulation
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~~will 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 to the behavioural change needed to ensure that the environmental sustainability objectives of this Regulation are achieved. By providing a solid basis for 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 170 #

Proposal for a regulation
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 orand its durability based on a common methodology and databases. 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 to the behavioural change needed to ensure that the environmental sustainability objectives of this Regulation are achieved. By providing a solid basis for 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 171 #

Martin HOJSÍK, Nicolae ŞTEFĂNUȚĂ, Max ORVILLE, Michal WIEZIK, Catherine CHABAUD, Róża THUN UND HOHENSTEIN

Proposal for a regulation
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. The durability should also include the product's packaging, since both elements constitute the conditions for its recyclability. 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 to the behavioural change needed to ensure that the environmental sustainability objectives of this Regulation are achieved. For this reason, it is necessary to have comprehensive information covering the product material and its packaging. This allows access to information about the reusability of the packaging, its recyclability, as well as appropriate sorting instructions, while allowing the consumer to measure the real environmental impact of a product. By providing a solid basis for 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 172 #

Proposal for a regulation
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 and carbon 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 to the behavioural change needed to ensure that the environmental sustainability objectives of this Regulation are achieved. By providing a solid basis for 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. It is important that relevant information, including information relating to the health, safety and rights of end-users, is always provided to the consumer prior to the purchase of the product.

Amendment 173 #

Martin HOJSÍK, Nicolae ŞTEFĂNUȚĂ, Max ORVILLE, Jan HUITEMA, Michal WIEZIK, Catherine CHABAUD, Susana SOLÍS PÉREZ, Róża THUN UND HOHENSTEIN

Proposal for a regulation
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 and easily accessible, such as its inclusion on a free- access website, product passport or product label. Information requirements are necessary to lead to the behavioural change needed to ensure that the environmental sustainability objectives of this Regulation are achieved. By providing a solid basis for 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 174 #

Proposal for a regulation
Recital 24

(24) Where ~~delegated act~~implementing acts with review procedures 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.

Amendment 175 #

César LUENA, Javi LÓPEZ, Nicolás GONZÁLEZ CASARES, Estrella DURÁ FERRANDIS

Proposal for a regulation
Recital 24

Amendment 176 #

Proposal for a regulation
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 or operating cycles under optimal conditions of use, 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.

Amendment 177 #

Hildegard BENTELE, Marlene MORTLER, Andreas SCHWAB, Peter LIESE, Christian DOLESCHAL, Angelika NIEBLER

Proposal for a regulation
Recital 24

Amendment 178 #

Proposal for a regulation
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 a~~which remain in the end 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 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 tackle.~~ __________________ 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 179 #

Proposal for a regulation
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 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 tackle.~~ __________________ 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 180 #

Proposal for a regulation
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 tackl~~Information 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 181 #

Ondřej KNOTEK

Proposal for a regulation
Recital 25

(25) Information on the presence of substances of concern in products, and their safety determined through a proper risk-assessment, 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~~safety to health or the environment based on the result of the risk-assessment. Therefore, this Regulation should allow for the setting of requirements related to the tracking and communication of sustainability information, including the presence of substances of concern and their safe use 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 tackl~~To limit administrative burden, actors should only be required 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 182 #

Hildegard BENTELE, Marlene MORTLER, Andreas SCHWAB, Peter LIESE, Christian DOLESCHAL, Angelika NIEBLER

Proposal for a regulation
Recital 25

(25) Information on the presence of substances of concern in products is a ~~key~~n 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 tackle~~Information 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 183 #

Proposal for a regulation
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 substances of concern in end 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 tackle. __________________ 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 184 #

Martin HOJSÍK, Nils TORVALDS, Nicolae ŞTEFĂNUȚĂ, Max ORVILLE, Frédérique RIES, Michal WIEZIK, Catherine CHABAUD, Róża THUN UND HOHENSTEIN

Proposal for a regulation
Recital 25

(25) Information on the presence of substances of concern, microplastics, including nanoplastics, 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 substances of concern in products throughout their life cycle, including with a view to their decontamination and recovery when they become waste. Similar approach should be applied for microplastics, including nanoplastics, which are solid plastic particles composed of mixtures of polymers and functional additives, which can be deliberately added to products during manufacturing process or formed, but when in the environment, the particles accumulate and do not biodegrade. Such a framework should aim to progressively cover these particles and all substances of concern in all products listed in working plans setting out the product groups the Commission intends to tackle. __________________ 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 185 #

Ivan DAVID

Proposal for a regulation
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 substances of concern in products throughout their life cycle, within the scope of the Reference Document on the best available techniques (BAT BREF) in each product manufacturing sector, 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 tackle. __________________ 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 186 #

Maria ARENA

Proposal for a regulation
Recital 25

(25) Information on the presence of substances of concern, including microplastics and nano-plastics, 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 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 tackle. __________________ 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 187 #

Jan HUITEMA, Karin KARLSBRO, Róża THUN UND HOHENSTEIN, Ondřej KNOTEK, Andreas GLÜCK, Catherine CHABAUD, Susana SOLÍS PÉREZ, Ulrike MÜLLER, Asger CHRISTENSEN

Proposal for a regulation
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 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 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 tackle. __________________ 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 188 #

Hildegard BENTELE, Marlene MORTLER, Andreas SCHWAB, Peter LIESE, Christian DOLESCHAL, Angelika NIEBLER

Proposal for a regulation
Recital 26

(26) The information requirements set under this Regulation should include the requirement to make available a product passport. The product passport is an important tool for making information available to actors along the entire value chain and the availability of a product passport should significantly enhance end- to-end traceability of a product throughout its value chain. Among other things, the product passport should help consumers make informed choices by improving their access to product information relevant to them, allow economic operators other value chain actors such as repairers or recyclers to access relevant information, and enable competent national authorities to perform their duties. ~~To this end, the product passport should not replace but complement non-digital forms of transmitting information, such as information in the product manual or on a label. In addition, i~~It should be possible for the product passport to be used for information on other sustainability aspects applicable to the relevant product group pursuant to other Union legislation.

Amendment 189 #

Proposal for a regulation
Recital 26

(26) The information requirements set under this Regulation should include the requirement to make available a product passport. The product passport is an important tool for making relevant information available to actors along the entire value chain and the availability of a product passport should significantly enhance end- to-end traceability of a product throughout its value chain. Among other things, the product passport should help consumers make informed choices by improving their access to product information relevant to them, allow economic operators other value chain actors such as repairers or recyclers to access relevant and targeted information, and enable competent national authorities to perform their duties. To this end, the product passport should not replace but complement non-digital forms of transmitting information, such as information in the product manual or on a label. In addition, it should be possible for the product passport to be used for information on other sustainability aspects applicable to the relevant product group pursuant to other Union legislation. However, the product passport shall not lead to over-regulation or double regulation. Possible additional administrative costs and burden should be minimised.

Amendment 190 #

Silvia SARDONE, Rosanna CONTE, Gianna GANCIA, Danilo Oscar LANCINI, Gianantonio DA RE, Elisabetta DE BLASIS, Simona BALDASSARRE, Matteo ADINOLFI

Proposal for a regulation
Recital 26

(26) The information requirements set under this Regulation should include the requirement to make available a product passport. The product passport is an important tool for making information available to actors along the entire value chain and the availability of a product passport should significantly enhance end- to-end traceability of a product throughout its value chain. Among other things, the product passport should help consumers make informed choices by improving their access to product information relevant to them, allow economic operators other value chain actors such as repairers or recyclers to access relevant information, and enable competent national authorities to perform their duties. To this end, the product passport should not replace but complement non-digital forms of transmitting information, such as information in the product manual or on a label. In addition, it should be possible for the product passport to be used for information on other sustainability aspects applicable to the relevant product group pursuant to other Union legislation. The design of the digital product passport must also factor in ease of use for businesses, especially SMEs.

Amendment 191 #

Proposal for a regulation
Recital 26

(26) The information requirements set under this Regulation should include the requirement to make available a product passport. The product passport is an important tool for making information available to actors along the entire value chain and the availability of a product passport should significantly enhance end- to-end traceability of a product throughout its value chain. Among other things, the product passport should help consumers make informed choices by improving their access to product information relevant to them, allow economic operators other value chain actors such as repairers or recyclers to access relevant information, and enable competent national authorities to perform their duties. To this end, the product passport should not replace but complement non-digital forms of transmitting information, such as information in the product manual or on a label. In addition, it should be possible for the product passport to be used for information on other sustainability aspects applicable to the relevant product group pursuant to other Union legislation, such as the Corporate Sustainability Reporting Directive.

Amendment 192 #

Proposal for a regulation
Recital 26

(26) The information requirements set under this Regulation should include the requirement to make available a product passport. The product passport is an important tool for making information available to actors along the entire value chain and the availability of a product passport should significantly enhance end- to-end traceability of a product throughout its value chain. Among other things, the product passport should help consumers make informed choices by improving their access to product information relevant to them, allow economic operators and other value chain actors such as repairers, independent economic operators or recyclers to access relevant information, and enable competent national authorities to perform their duties. To this end, the product passport should not replace but complement non-digital forms of transmitting information, such as information in the product manual or on a label. In addition, it should be possible for the product passport to be used for information on other sustainability aspects applicable to the relevant product group pursuant to other Union legislation.

Amendment 193 #

Proposal for a regulation
Recital 26

(26) The information requirements set under this Regulation should include the requirement to make available a product passport. The product passport is an important tool for making information available to actors along the entire value chain and the availability of a product passport should significantly enhance end- to-end traceability of a product throughout its value chain. Among other things, the product passport should help consumers make informed choices by improving their access to product information relevant to them, allow economic operators other value chain actors such as repairers, refurbishers or recyclers to access relevant information, and enable competent national authorities to perform their duties. To this end, the product passport should not replace but complement non-digital forms of transmitting information, such as information in the product manual or on a label. In addition, it should be possible for the product passport to be used for information on other sustainability aspects applicable to the relevant product group pursuant to other Union legislation.

Amendment 194 #

César LUENA, Javi LÓPEZ, Nicolás GONZÁLEZ CASARES, Estrella DURÁ FERRANDIS

Proposal for a regulation
Recital 26

(26) The information requirements set under this Regulation should include the requirement to make available a product passport. The product passport is an important tool for making information available to actors along the entire value chain and the availability of a product passport should significantly enhance end- to-end traceability of a product throughout its value chain. Among other things, the product passport should help consumers make informed choices by improving their access to product information relevant to them, allow economic operators other value chain actors such as professional repairers or recyclers to access relevant information, and enable competent national authorities to perform their duties. To this end, the product passport should not replace but complement non-digital forms of transmitting information, such as information in the product manual or on a label. In addition, it should be possible for the product passport to be used for information on other sustainability aspects applicable to the relevant product group pursuant to other Union legislation.

Amendment 195 #

Proposal for a regulation
Recital 26

(26) The information requirements set under this Regulation should include the requirement to make available a product passport. The product passport is an important tool for making information available to actors along the entire value chain and the availability of a product passport should significantly enhance end- to-end traceability of a product throughout its value chain. Among other things, the product passport should help consumers make informed choices easily by improving their access to product information relevant to them, allow economic operators other value chain actors such as repairers or recyclers to access relevant information, and enable competent national authorities to perform their duties. To this end, the product passport should not replace but complement non-digital forms of transmitting information, such as information in the product manual or on a label. In addition, it should be possible for the product passport to be used for information on other sustainability aspects applicable to the relevant product group pursuant to other Union legislation.

Amendment 196 #

Proposal for a regulation
Recital 27

(27) To take account of the nature of the product and its market, the information to be included in the product passport should be carefully examined on a case-by-case basis when preparing product-specific rules. To optimise access to the resulting information while also protecting intellectual property rights, the product passport needs to be designed and implemented allowing differentiated access to the information included in the product passport depending on the type of information and the typology of stakeholders. Similarly, to avoid costs to companies and the public that are disproportionate to the wider benefits, the product passport should be specific either to the item, batch or product model, depending on for example the complexity of the value chain, the size, nature or impacts of the products con~~sid~~cerned.

Amendment 197 #

Proposal for a regulation
Recital 28

(28) In order to ensure interoperability, the types of permitted data carriers should be specified. For the same reason, the data carrier and the unique product identifier should be released in accordance with internationally recognised standards, relying on existing standards for tracking of products whenever possible. The power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission to amend this Regulation by replacing or adding standards in accordance with which the data carrier and the unique identifiers may be released, in light of technical or scientific progress. This should ensure that the information contained in the product passport can be recorded and transmitted by all economic operators, as well as to guarantee the compatibility of the unique identifier with external components such as scanning devices.

Amendment 198 #

Martin HOJSÍK, Nicolae ŞTEFĂNUȚĂ, Max ORVILLE, Michal WIEZIK, Susana SOLÍS PÉREZ, Róża THUN UND HOHENSTEIN

Proposal for a regulation
Recital 28

(28) In order to ensure interoperability, the types of permitted data carriers should be specified. For the same reason, the data carrier and the unique product identifier should be released in accordance with internationally recognised standards. The data should be transferable through an open interoperable data exchange network without vendor lock-in. The power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission to amend this Regulation by replacing or adding standards in accordance with which the data carrier and the unique identifiers may be released, in light of technical or scientific progress. This should ensure that the information contained in the product passport can be recorded and transmitted by all economic operators, as well as to guarantee the compatibility of the unique identifier with external components such as scanning devices.

Amendment 199 #

Proposal for a regulation
Recital 29

(29) In order to not unnecessarily delay the establishment of ecodesign requirements other than on the product passport or to ensure that product passports can be effectively implemented, the Commission should be allowed to exempt product groups from the product passport requirements in case technical specifications are not available in relation to the essential requirements for the technical design and operation of the product passport. Similarly, in order to prevent unnecessary administrative burden for economic operator, the Commission should be allowed to exempt product groups from the product passport requirements exceptionally in case other Union law already includes a system for the digital provision of product information allowing actors along the value chain to access relevant product information and facilitating the verification of product compliance by competent national authorities. These exemptions should be periodically reviewed taking into account further availability of technical specifications and eliminated where possible.

Amendment 200 #

Proposal for a regulation
Recital 29

(29) In order to not unnecessarily delay the establishment of ecodesign requirements other than on the product passport or to ensure that product passports can be effectively implemented, the Commission should be allowed to exempt product groups from the product passport requirements in case technical specifications are not available in relation to the essential requirements for the technical design and operation of the product passport. Similarly, in order to prevent unnecessary administrative burden for economic operator, the Commission should be allowed to exempt product groups from the product passport requirements in case other Union law already includes requirements for a system for the digital provision of product information allowing actors along the value chain to access relevant product information and facilitating the verification of product compliance by competent national authorities. These exemptions should be periodically reviewed taking into account further availability of technical specifications.

Amendment 201 #

César LUENA, Javi LÓPEZ, Nicolás GONZÁLEZ CASARES, Estrella DURÁ FERRANDIS

Proposal for a regulation
Recital 32

(32) To ensure that the product passport is flexible, agile and market-driven and evolving in line with business models, markets and innovation, it should be based on a decentralised data system, set up and maintained by economic operators. However, for enforcement and monitoring purposes, it may be necessary that competent national authorities and the Commission have direct access to a record of all data carriers and unique identifiers linked to products placed on the market or put in service.

Amendment 202 #

Proposal for a regulation
Recital 32

(32) To ensure that the product passport is flexible, agile and market-driven and evolving in line with business models, markets and innovation, it should be based on a decentralised data system, set up and maintained by economic operators and the European Commission. However, for enforcement and monitoring purposes, it may be necessary that competent national authorities and the Commission have direct access to a record of all data carriers and unique identifiers linked to products placed on the market or put in service.

Amendment 203 #

Alessandra MORETTI

Proposal for a regulation
Recital 33

(33) To ensure the effective roll-out of the product passport, technical design, data requirements and operation of the product passport should adhere to a set of essential technical requirements. Such requirements should provide a basis for the consistent deployment of the product passport across sectors. Technical specifications should be established to ensure the effective implementation of those essential requirements, either in the form of harmonised standard referenced in the Official Journal or, as a fall-back option, common specification adopted by the Commission. The technical design should ensure that the product passport carries data in a secure way, respecting privacy rules The digital product passport will be developed in an open dialogue with international partners, in order to take account of their views when developing technical specifications and to ensure that they help remove trade barriers for greener products ~~and~~with extended lifecycles and circularity, lower costs for sustainable investments, marketing and compliance and supporting innovation. Technical specifications and requirements related to traceability across the value chain should, in order to allow for their effective implementation, to the extent possible be developed based on a consensual approach and on the involvement, buy-in, and effective collaboration of a diverse set of actors, including standardisation bodies, industry associations, startups, consumer organisations, experts, NGOs and international partners, including developing economies.

Amendment 204 #

Alessandra MORETTI

Proposal for a regulation
Recital 35

(35) Any processing of personal data pursuant to this Regulation should comply with the applicable rules on the protection of personal data. Processing of personal data by the competent national authorities within Member States should be carried out in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council66 with particular attention being paid to the principles of data protection by design and by default. Processing of personal data by the Commission should be carried out in accordance with Regulation (EU) 2018/1725 of the European Parliament and of the Council67 . __________________ 66 Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (OJ L 119, 4.5.2016, p. 1). 67 Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC (OJ L 295, 21.11.2018, p. 39).

Amendment 205 #

Jan HUITEMA, Karin KARLSBRO, Róża THUN UND HOHENSTEIN, Ondřej KNOTEK, Andreas GLÜCK, Martin HOJSÍK, Catherine CHABAUD, Susana SOLÍS PÉREZ, Ulrike MÜLLER, Asger CHRISTENSEN

Proposal for a regulation
Recital 39

(39) To drive consumers towards more sustainable choices, labels should, when required by the delegated acts adopted pursuant to this Regulation, provide clear and understandable information allowing for the effective comparison of products, for instance by indicating classes of performance. Specifically for consumers, physical labels can be an additional source of information at the place of sale. They can provide a quick visual basis for consumers to distinguish between products based on their performance in relation to a specific product parameter or set of product parameters. They should, where appropriate, also allow for the accessing of additional information by bearing specific references like website addresses, dynamic QR codes, links to online labels or any appropriate consumer-oriented means. The Commission should set out in the relevant delegated act the most effective way of displaying such labels, including in the case of online distance selling, taking into account the implications for customers and economic operators and the characteristics of the products concerned. The Commission may also require the label to be printed on the packaging of the product.

Amendment 206 #

Martin HOJSÍK, Nicolae ŞTEFĂNUȚĂ, Max ORVILLE, Frédérique RIES, Michal WIEZIK, Catherine CHABAUD, Susana SOLÍS PÉREZ, Róża THUN UND HOHENSTEIN

Proposal for a regulation
Recital 40

(40) Regulation (EU) 2017/1369 setting a framework on energy labelling applies, in parallel to this Regulation, to energy- related products. This means that energy labels are the primary instrument providing the appropriate information to consumers for energy-related products and that classes of performance determined under this Regulation should, where appropriate, be incorporated in the label as supplementary information as provided for in Article 16 of Regulation (EU) 2017/1369. In cases where relevant information on a product’s performance in relation to a product parameter cannot be included as supplementary information in the energy label established for the energy-related product pursuant to Regulation (EU) 2017/1369, the Commission should assess whether a label in accordance with this Regulation is to be established, taking into account not only the need for consumers to be informed on the most relevant parameters for the product ~~and~~, but also the disadvantages in terms of risks of confusion for the public and of excessive administrative burden for economic operators.

Amendment 207 #

Proposal for a regulation
Recital 42

(42) To deliver in the most efficient way on the European Green Deal’s objectives and to address the most impactful products first, the Commission should carry out a prioritisation of products to be regulated under this Regulation and requirements that will apply to them. Based on the process followed for prioritisation under Directive 2009/125/EC, the Commission should adopt a working plan, covering at least 3 years, laying down a list of product groups for which it plans to adopt delegated acts as well as the product aspects for which it intends to adopt delegated acts of horizontal application. The working plan should be publicly available and include timeline for regulatory action. The Commission should base its prioritisation on a set of criteria pertaining in particular to the delegated acts’ ~~potential~~ contribution to the Union climate, environmental and energy objectives and their potential for improving the product aspects selected without disproportionate costs to the public and economic operators. Considering their importance for meeting the Union’s energy objectives, the working plans should include an adequate share of actions related to energy-related products and other products such as plastic materials and chemicals, which production is energy intensive and would benefit from early transition. Member States and stakeholders should also be consulted through the Ecodesign Forum. Due to the complementarities between this Regulation and Regulation (EU) 2017/1369 for energy-related products, the timelines for the working plan under this Regulation and the one provided for under Article 15 of Regulation (EU) 2017/1369 should be aligned.

Amendment 208 #

Silvia SARDONE, Rosanna CONTE, Gianna GANCIA, Danilo Oscar LANCINI, Gianantonio DA RE, Elisabetta DE BLASIS, Simona BALDASSARRE, Matteo ADINOLFI

Proposal for a regulation
Recital 42

(42) To deliver in the most efficient way on the European Green Deal’s objectives and to address the most impactful products first, the Commission should carry out a prioritisation of products to be regulated under this Regulation and requirements that will apply to them. Based on the process followed for prioritisation under Directive 2009/125/EC, the Commission should adopt a working plan, covering at least 35 years, laying down a list of product groups for which it plans to adopt delegated acts as well as the product aspects for which it intends to adopt delegated acts of horizontal application. TIn prioritising, the Commission should consider in particular those product groups identified in this Regulation, and base its prioritisation on a set of criteria pertaining ~~in particular~~ to the delegated acts’ potential contribution to the Union climate, environmental and energy objectives and their potential for improving the product aspects selected without disproportionate costs to the public and economic operators. Considering their importance for meeting the Union’s energy objectives, the working plans should include an adequate share of actions related to energy-related products. Member States and stakeholders should also be consulted through the Ecodesign Forum. Due to the complementarities between this Regulation and Regulation (EU) 2017/1369 for energy-related products, the timelines for the working plan under this Regulation and the one provided for under Article 15 of Regulation (EU) 2017/1369 should be aligned.

Amendment 209 #

Proposal for a regulation
Recital 42

(42) To deliver in the most efficient way on the European Green Deal’s objectives and to address the most impactful products first, the Commission should carry out a prioritisation of products to be regulated under this Regulation and requirements that will apply to them. Based on the process followed for prioritisation under Directive 2009/125/EC, the Commission should adopt a working plan, covering at least 35 years, laying down a list of product groups for which it plans to adopt delegated acts as well as the product aspects for which it intends to adopt delegated acts of horizontal application. TIn prioritising, the Commission should consider in particular those product groups identified in this Regulation, and base its prioritisation on a set of criteria pertaining ~~in particular~~ to the delegated acts’ potential contribution to the Union climate, environmental and energy objectives and their potential for improving the product aspects selected without disproportionate costs to the public and economic operators. Considering their importance for meeting the Union’s energy objectives, the working plans should include an adequate share of actions related to energy-related products. Member States and stakeholders should also be consulted through the Ecodesign Forum. Due to the complementarities between this Regulation and Regulation (EU) 2017/1369 for energy-related products, the timelines for the working plan under this Regulation and the one provided for under Article 15 of Regulation (EU) 2017/1369 should be aligned.

Amendment 210 #

Jan HUITEMA, Karin KARLSBRO, Róża THUN UND HOHENSTEIN, Nils TORVALDS, Frédérique RIES, Andreas GLÜCK, Catherine CHABAUD, Susana SOLÍS PÉREZ, Ulrike MÜLLER, Asger CHRISTENSEN

Proposal for a regulation
Recital 42

(42) To deliver in the most efficient way on the European Green Deal’s objectives and to address the most impactful products first, the Commission should carry out a prioritisation of products to be regulated under this Regulation and requirements that will apply to them. Based on the process followed for prioritisation under Directive 2009/125/EC, the Commission should adopt a working plan, covering at least 3 years, which should be publicly available and presented to the European Parliament. The working plan should lay~~ing~~ down a list of product groups for which ithe Commission plans to adopt delegated acts as well as the product aspects for which it intends to adopt delegated acts of horizontal application. The Commission should base its prioritisation on a set of criteria pertaining in particular to the delegated acts’ potential contribution to the Union climate, environmental and energy objectives and their potential for improving the product aspects selected without disproportionate costs to the public and economic operators. Considering their importance for meeting the Union’s energy objectives, the working plans should include an adequate share of actions related to energy-related products. Member States and stakeholders should also be consulted through the Ecodesign Forum. Due to the complementarities between this Regulation and Regulation (EU) 2017/1369 for energy-related products, the timelines for the working plan under this Regulation and the one provided for under Article 15 of Regulation (EU) 2017/1369 should be aligned.

Amendment 211 #

Proposal for a regulation
Recital 42

(42) To deliver in the most efficient way on the European Green Deal’s objectives and to address the most impactful products first, the Commission should carry out a prioritisation of products to be regulated under this Regulation and requirements that will apply to them. Based on the process followed for prioritisation under Directive 2009/125/EC, the Commission should adopt a working plan, covering at least 3 years, laying down a list of product groups for which it plans to adopt delegated acts as well as the product aspects for which it intends to adopt delegated acts of horizontal application. The Commission should base its prioritisation on a set of criteria pertaining in particular to the delegated acts’ potential contribution to the Union climate, environmental and energy objectives and their potential for improving the product aspects selected without disproportionate costs to the public and economic operators. Considering their importance for meeting the Union’s energy objectives, the working plans should include an adequate share of actions related to energy-related products. Member States and stakeholders should also be consulted through the Ecodesign Forum. Due to the complementarities between this Regulation and Regulation (EU) 2017/1369 for energy-related products, the timelines for the working plan under this Regulation and the one provided for under Article 15 of Regulation (EU) 2017/1369 should be aligned.(Does not affect English version.)

Amendment 212 #

Maria SPYRAKI

Proposal for a regulation
Recital 43

Amendment 213 #

César LUENA, Javi LÓPEZ, Nicolás GONZÁLEZ CASARES, Estrella DURÁ FERRANDIS

Proposal for a regulation
Recital 43

Amendment 214 #

Peter LIESE

Proposal for a regulation
Recital 43

(43) In addressing construction products, this Regulation should set requirements on final products only when the obligations created by [the revised Construction Products Regulation] and its implementation are unlikely to sufficiently achieve the environmental sustainability objectives pursued by this Regulation. In addition, when formulating working plans, the Commission should take into account that, in continuation of current practice, [the revised Construction Products Regulation] will, in relation to energy- related products that are also construction products, give prevalence to sustainability requirements set under this Regulation. This should be the case for instance for heaters, boilers, heat pumps, water and space heating appliances, fans, cooling and ventilating systems and photovoltaic products (excluding building-integrated photovoltaic panels). For these products, [the revised Construction Products Regulation] may intervene in a complementary manner where needed, mainly in relation to safety aspects, also taking account of other Union legislation on products such as on gas appliances, low voltage, and machinery. Furthermore, lighting products should first and foremost meet the requirements set by this Regulation and the various safety-related legislations already applicable and not be subject to [the revised Construction Products Regulation] to avoid confusion and non-compliance due to conflicting requirements.

Amendment 215 #

Jan HUITEMA, Karin KARLSBRO, Ondřej KNOTEK, Nils TORVALDS, Frédérique RIES, Susana SOLÍS PÉREZ, Asger CHRISTENSEN

Proposal for a regulation
Recital 44

(44) In order to ~~encourage~~allow self- regulation as a valid alternative to regulatory approaches, this Regulation should, in continuation of Directive 2009/125/EC, include the possibility for industry to submit self-regulation measures that are aligned with and reflective of the objectives of this Regulation. The Commission should assess the self- regulation measures proposed by industry, along with the information and evidence submitted by the signatories, including in light of the international trade commitments of the Union and the need to ensure coherence with Union law. In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission to adopt and update an act listing the self-regulation measures considered as valid alternatives to a delegated act setting ecodesign requirements. It is also appropriate, for instance in view of relevant market or technological developments within the product group concerned, that the Commission be able to request a revised version of the self-regulation measure whenever considered necessary. Once a self-regulation measure is listed in an implementing act, there is a legitimate expectation for economic operators that the Commission will not adopt a delegated act establishing ecodesign requirements for this specific product group. However, it is not excluded that the Commission may adopt horizontal ecodesign requirements also applying to the products covered by a recognised self-regulation measure for the product aspects not addressed by that self- regulation measure. Where the Commission considers that a self- regulation measure no longer fulfils the criteria set in this Regulation, it should remove that self-regulation from the implementing act listing the recognised self-regulation measures. Consequently, ecodesign requirements may then be established for the product groups previously addressed by the self-regulation measure, in accordance with this Regulation.

Amendment 216 #

Proposal for a regulation
Recital 44

(44) In order to encourage self- regulation as a valid alternative to regulatory approaches, this Regulation should, in continuation of Directive 2009/125/EC, include the possibility for industry to submit self-regulation measures. The Commission should assess the self-regulation measures proposed by industry, along with the information and evidence submitted by the signatories, including in light of the international trade commitments of the Union and the need to ensure coherence with Union law. In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission to adopt and update an act listing the self-regulation measures considered as valid alternatives to a delegated act setting ecodesign requirements. It is also appropriate, for instance in view of relevant market or technological developments within the product group concerned, that the Commission be able to request a revised version of the self-regulation measure whenever considered necessary. Once a self-regulation measure is listed in an implementing act, there is a legitimate expectation for economic operators that the Commission will not adopt a delegated act establishing ecodesign requirements for this specific product group. However, it is not excluded that the Commission may adopt horizontal ecodesign requirements based on harmonised methodologies also applying to the products covered by a recognised self-regulation measure for the product aspects not addressed by that self- regulation measure. Where the Commission considers that a self- regulation measure no longer fulfils the criteria set in this Regulation, it should remove that self-regulation from the implementing act listing the recognised self-regulation measures. Consequently, ecodesign requirements may then be established for the product groups previously addressed by the self-regulation measure, in accordance with this Regulation.

Amendment 217 #

Proposal for a regulation
Recital 45

(45) Micro, small and medium-sized enterprises (SMEs) could greatly benefit from an increase in the demand for sustainable products but could also face costs and difficulties with some of the requirements. The Member States and the Commission should, in their respective areas of responsibility, provide adequate information, ensure targeted and specialised training, and provide specific assistance and support, including financial, to SMEs active in the manufacturing of products for which ecodesign requirements are set. Those actions should, for example, cover the calculation of the product environmental footprint and the technical implementation of the product passport. In addition, SMEs and their representatives should be helped to participate effectively in the Ecodesign Forum and within standardisation bodies. Member States actions should be taken in respect of applicable State aid rules.

Amendment 218 #

Hildegard BENTELE, Marlene MORTLER, Andreas SCHWAB, Peter LIESE, Christian DOLESCHAL, Angelika NIEBLER

Proposal for a regulation
Recital 45

(45) Micro, small and medium-sized enterprises (SMEs) could greatly benefit from an increase in the demand for sustainable products but could also face costs and difficulties with some of the requirements. The Member States and the Commission should, in their respective areas of responsibility, provide adequate information, ensure targeted and specialised training, and provide specific assistance and support, including financial, through existing funding and financing tools, to SMEs active in the manufacturing of products for which ecodesign requirements are set. Those actions should, for example, cover the calculation of the product environmental footprint and the technical implementation of the product passport as well as facilitate SMEs' access to digital tools for generating a product passport and to relevant software databases for the lifecycle assessment. Member States actions should be taken in respect of applicable State aid rules.

Amendment 219 #

Jan HUITEMA, Karin KARLSBRO, Unknown MEP, Ondřej KNOTEK, Andreas GLÜCK, Martin HOJSÍK, Catherine CHABAUD, Susana SOLÍS PÉREZ, Ulrike MÜLLER, Asger CHRISTENSEN

Proposal for a regulation
Recital 45

(45) Micro, small and medium-sized enterprises (SMEs) could greatly benefit from an increase in the demand for sustainable products but could also face costs and difficulties with some of the requirements. The Member States and the Commission should, in their respective areas of responsibility, provide adequate information, ensure targeted and specialised training, and provide specific assistance and support~~, including financial,~~ to SMEs active in the manufacturing of products for which ecodesign requirements are set, including existing funding and financing tools. Those actions should, for example, cover the calculation of a scientifically robust and verifiable life-cycle based standard, such as the product environmental footprint, and the technical implementation of the product passport, and could facilitate SMEs' access to relevant digital tools, software and databases. Member States actions should be taken in respect of applicable State aid rules.

Amendment 220 #

Proposal for a regulation
Recital 45

(45) Micro, small and medium-sized enterprises (SMEs) could greatly benefit from an increase in the demand for sustainable products but could also face costs and difficulties with some of the requirements. The Member States and the Commission should, in their respective areas of responsibility, provide adequate information, ensure targeted and specialised training, and provide specific assistance and support, including financial, to SMEs active in the manufacturing of products for which ecodesign requirements are set. To this end, with each delegated act, the Commission should publish guidelines to support SMEs in the implementation and application of the requirements therein. Those actions should, for example, cover the calculation of the product environmental footprint and the technical implementation of the product passport. Member States actions should be taken in respect of applicable State aid rules.

Amendment 221 #

Martin HOJSÍK, Nicolae ŞTEFĂNUȚĂ, Max ORVILLE, Jan HUITEMA, Michal WIEZIK, Catherine CHABAUD, Susana SOLÍS PÉREZ

Proposal for a regulation
Recital 45

Amendment 222 #

Proposal for a regulation
Recital 45

(45) Micro, small and medium-sized enterprises (SMEs) could greatly benefit from an increase in the demand for sustainable products but could also face costs and difficulties with some of the requirements. The Member States and the Commission should, in their respective areas of responsibility, provide adequate information, ensure targeted and specialised training, and provide specific assistance and support, including financial, to micro-enterprises, SMEs active in the manufacturing of products for which ecodesign requirements are set. Those actions should, for example, cover the calculation of the product environmental footprint and the technical implementation of the product passport. Member States actions should be taken in respect of applicable State aid rules.

Amendment 223 #

César LUENA, Javi LÓPEZ, Nicolás GONZÁLEZ CASARES, Estrella DURÁ FERRANDIS

Proposal for a regulation
Recital 46

(46) The destruction of unsold ~~consumer~~ products, such as textiles and footwear, by economic operators is becoming a widespread environmental problem across the Union, in particular due to the rapid growth of online sales. It amounts to a loss of valuable economic resources as goods are produced, transported and afterwards destroyed without ever being used for their intended purpose. It is therefore necessary, in the interest of environmental protection, that this Regulation establishes a framework to prevent the destruction of unsold products, in particular, but not limited to products primarily intended for consumers pursuant to Directive (EU) 2019/771 of the European Parliament and of the Council69 , including products that have been returned by a consumer in view of their right of withdrawal as laid down by Directive (EU) 2011/83/EU of the European Parliament and of the Council70 . This will reduce the environmental impact of those products by reducing the generation of waste and by dis- incentivising overproduction of products. In addition, given that several Member States have introduced national legislation on the destruction of unsold ~~consumer~~ products thereby creating market distortions, harmonised rules on the destruction of unsold ~~consumer~~ products are necessary to ensure that distributors, retailers and other economic operators are subject to the same rules and incentives across Member States. __________________ 69 Directive (EU) 2019/771 of the European Parliament and of the Council f 20 May 2019 on certain aspects concerning contracts for the sale of goods, amending Regulation (EU) 2017/2394 and Directive 2009/22/EC, and repealing Directive 1999/44/EC (OJ L 136, 22.5.2019, p. 6). 70 Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council and repealing Council Directive 85/577/EEC and Directive 97/7/EC of the European Parliament and of the Council (OJ L 304, 22.11.2011, p. 64).

Amendment 224 #

Proposal for a regulation
Recital 46

(46) The destruction of unsold consumer products, such as textiles and footwear, toys, and electrical and electronic devices among others by economic operators is becoming a widespread environmental problem across the Union, in particular due to the rapid growth of online sales. It amounts to a loss of valuable economic resources as goods are produced, transported and afterwards destroyed without ever being used for their intended purpose. It is therefore necessary, in the interest of environmental protection, that this Regulation establishes a framework to prevent the destruction of unsold products primarily intended for consumers pursuant to Directive (EU) 2019/771 of the European Parliament and of the Council69 , including products that have been returned by a consumer in view of their right of withdrawal as laid down by Directive (EU) 2011/83/EU of the European Parliament and of the Council70 . This will reduce the environmental impact of those products by reducing the generation of waste and by dis- incentivising overproduction of products. The allocation of surplus production will be guided by the waste hierarchy starting with reuse, including donation. In addition, given that several Member States have introduced national legislation on the destruction of unsold consumer products thereby creating market distortions, harmonised rules on the destruction of unsold consumer products are necessary to ensure that distributors, retailers and other economic operators are subject to the same rules and incentives across Member States. __________________ 69 Directive (EU) 2019/771 of the European Parliament and of the Council f 20 May 2019 on certain aspects concerning contracts for the sale of goods, amending Regulation (EU) 2017/2394 and Directive 2009/22/EC, and repealing Directive 1999/44/EC (OJ L 136, 22.5.2019, p. 6). 70 Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council and repealing Council Directive 85/577/EEC and Directive 97/7/EC of the European Parliament and of the Council (OJ L 304, 22.11.2011, p. 64).

Amendment 225 #

César LUENA, Javi LÓPEZ, Nicolás GONZÁLEZ CASARES, Estrella DURÁ FERRANDIS

Proposal for a regulation
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 226 #

Proposal for a regulation
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 in a common template. The economic operator 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. __________________ 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

Amendment 228 #

Proposal for a regulation
Recital 48

(48) In order to avoid the destruction of ~~unsold~~ consumer products, ~~where the destruction of such products is prevalent,~~ the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission to supplement this Regulation by prohibiting the destruction of such products. Given the wide range of products that may potentially be destroyed without ever being sold or used, it is necessary to establish such empowerment in this Regulation. However, the prohibition set in the delegated acts should apply to specific product groups to be determined based on an assessment by the Commission of the extent to which the destruction of such products takes place in practice, taking into account the information made available by economic operators where appropriate. To ensure that this obligation is proportionate, the Commission ~~should~~may consider specific exemptions under which destroying unsold consumer products may still be permitted, for instance in view of health and safety concerns. To monitor the effectiveness of this prohibition and to dis-incentivise circumvention, economic operators should be required to disclose the number of unsold ~~consumer~~ products destroyed and the reasons for their destruction under applicable exemptions. Finally, to avoid any undue administrative burden on ~~SME~~small and microenterprises, they should be exempted from the obligations to disclose their unsold discarded products and from the prohibition to discard specific products groups set in delegated acts. However, where there is reasonable evidence that SMEs may be used to circumvent those obligations, the Commission should be able to require, in those delegated acts, for some product groups, that these obligations also apply to micro, small or medium sized enterprises. The destruction of unsold products by economic operators should however be already prohibited for textiles, footwear, electrical and electronic appliances, given that ample evidence exists to demonstrate that the destruction of such products is taking place and is causing significant environmental impacts.

Amendment 229 #

Róża THUN UND HOHENSTEIN

Proposal for a regulation
Recital 48

(48) In order to avoid the destruction of unsold consumer products, where the destruction of such products is prevalent, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission to supplement this Regulation by prohibiting the destruction of such products. Given the wide range of products that may potentially be destroyed without ever being sold or used, it is necessary to establish such empowerment in this Regulation. However, the prohibition set in the delegated acts should apply to specific product groups to be determined based on an assessment by the Commission of the extent to which the destruction of such products takes place in practice, taking into account the information made available by economic operators where appropriate. To ensure that this obligation is proportionate, the Commission should consider specific exemptions under which destroying unsold consumer products may still be permitted, for instance in view of health and safety concerns. The Commission shall also provide economic operators with sufficient time to prepare for the enforcement of such ban. To monitor the effectiveness of this prohibition and to dis- incentivise circumvention, economic operators should be required to disclose the number of unsold consumer products destroyed and the reasons for their destruction under applicable exemptions. Finally, to avoid any undue administrative burden on SMEs, they should be exempted from the obligations to disclose their unsold discarded products and from the prohibition to discard specific products groups set in delegated acts. However, where there is reasonable evidence that SMEs may be used to circumvent those obligations, the Commission should be able to require, in those delegated acts, for some product groups, that these obligations also apply to micro, small or medium sized enterprises.

Amendment 230 #

Proposal for a regulation
Recital 48

(48) In order to avoid the destruction of unsold consumer products, where the destruction of such products is prevalent, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission to supplement this Regulation by prohibiting the destruction of such products. Given the wide range of products that may potentially be destroyed without ever being sold or used, it is necessary to establish such empowerment in this Regulation. However, the prohibition set in the delegated acts should apply to specific product groups to be determined based on an assessment by the Commission of the extent to which the destruction of such products takes place in practice, taking into account the information made available by economic operators where appropriate. To ensure that this obligation is proportionate, the Commission should consider specific exemptions under which destroying unsold consumer products may still be permitted, for instance in view of health and safety concerns. To monitor the effectiveness of this prohibition and to dis-incentivise circumvention, economic operators should be required to disclose the number of unsold consumer products destroyed and the reasons for their destruction under applicable exemptions. Finally, to avoid any undue administrative burden on micro- enterprises and SMEs, they should be exempted from the obligations to disclose their unsold discarded products and from the prohibition to discard specific products groups set in delegated acts. However, where there is reasonable evidence that micro-enterprises and SMEs may be used to circumvent those obligations, the Commission should be able to require, in those delegated acts, for some product groups, that these obligations also apply to micro, small or medium sized enterprises.

Amendment 231 #

Proposal for a regulation
Recital 49

(49) Economic operators should be responsible for products’ compliance with the ecodesign requirements under this Regulation, in relation to their respective roles in the supply chain, so as to ensure those products’ free movement on the internal market and to improve their sustainability. Economic operators intervening in the supply and distribution chain should take appropriate measures to ensure that they only make available on the market products that are in conformity with this Regulation and the delegated acts adopted pursuant to it. Economic operators making available second-hand products should only be required to comply with ecodesign requirements set out in delegated acts adopted prior to the placing on the market of the first-hand product concerned.

Amendment 232 #

Proposal for a regulation
Recital 49

(49) Economic operators should be responsible for products’ compliance with the ecodesign requirements under this Regulation, in relation to their respective roles in the supply chain, so as to ensure those products’ free movement on the internal market and to improve their sustainability. Economic operators need to provide proof that the products comply with the aims of this Regulation while leaving them with flexibility to find different, even faster moving solutions. Economic operators intervening in the supply and distribution chain should take appropriate measures to ensure that they only make available on the market products that are in conformity with this Regulation and the delegated acts adopted pursuant to it.

Amendment 233 #

Proposal for a regulation
Recital 49 a (new)

(49a) This regulation shall promote the extended producer responsibility principle, giving the full responsibility of the products to the producer but also giving the producer the rights to the parts and materials of their products. This would promote the reusability and circularity of parts and materials.

Amendment 234 #

Proposal for a regulation
Recital 53

(53) As the distributor makes a product available on the market after it has been placed there by the manufacturer or importer, it should act with due care in relation to the applicable ecodesign requirements. The distributor should also ensure that its handling of the product does not adversely affect ithe product’s compliance with the requirements of this Regulation or the delegated acts adopted pursuant to it.

Amendment 235 #

Proposal for a regulation
Recital 54

(54) As distributors and importers are close to the ~~marketplac~~point of sale and have an important role in ensuring product compliance, should be involved in market surveillance tasks carried out by the competent national authorities, and should be prepared to participate actively, providing those authorities with all necessary information relating to the product concerned.

Amendment 236 #

Proposal for a regulation
Recital 55

(55) As the dealer offers a product for sale, hire or hire purchase, or displays products to customers or installers, it is necessary for the dealer to ensure that its customers can effectively access the information required under this Regulation, including in the case of distance selling. In particular, this Regulation should require dealers to ensure that the product passport is accessible to their customers and that labels are clearly displayed, in line with the applicable requirements. The dealer should comply with this obligation every time the product is offered for hire.(Does not affect English version.)

Amendment 237 #

Karin KARLSBRO, Emma WIESNER

Proposal for a regulation
Recital 57 a (new)

(57a) Second-hand economic operators have no control over the original design of the product, nor do they have access to the product information, such as technical documentation, covered by the delegated acts adopted pursuant to this Regulation. Second-hand economic operators should be responsible for the product's compliance with information requirements only when the information has been made publicly available to them by a prior economic operator in the chain. Second-hand economic operators cannot be held responsible for the original product's compliance with performance requirements after it has been repaired, refurbished or has undergone normal maintenance before being made available again on the market. If a second-hand economic operator replaces a component, consumable or spare part of a second- hand product with a new component, consumable or spare part, it should be liable for the compliance of that specific component, consumable or spare part, with ecodesign requirements under this regulation and subsequent delegated acts.

Amendment 238 #

Jan HUITEMA, Karin KARLSBRO, Nils TORVALDS, Ondřej KNOTEK, Frédérique RIES, Andreas GLÜCK, Susana SOLÍS PÉREZ, Ulrike MÜLLER, Asger CHRISTENSEN

Proposal for a regulation
Recital 57 a (new)

(57a) The second-hand sector plays a specific role in promoting sustainable consumption patterns and in the development of new circular business models. Due to the specifities of those sectors, the role of second-hand economic operators along the value chain and related obligations must be distinguished from those applying to manufacturers, authorized representatives, importers, distributers, or dealers of new products. Therefore, this Regulation should further lay down rules applicable to second hand- economic operators.

Amendment 239 #

Proposal for a regulation
Recital 58

(58) Online marketplaces and online search engines play a crucial role in the supply chain, allowing economic operators to reach a large number of customers. Given their important role in intermediating the sale of products between economic operators and customers, online marketplaces and online search engines should take responsibility for addressing the sale of products that do not comply with ecodesign requirements and should cooperate with market surveillance authorities. Directive 2000/31/EC of the European Parliament and of the Council72 provides the general framework for e- commerce and lays down certain obligations for online platforms. Regulation […/…] on a Single Market for Digital Services (Digital Services Act) and amending Directive 2000/31/EC73 regulates the responsibility and accountability of providers of intermediary services online with regard to illegal content, including products that do not comply with ecodesign requirements. Building on this general framework, specific requirements to effectively address the sale of non-compliant products online should be brought in, such as the need for the online marketplaces and online search engines to obtain a self-certification from the manufacturers on compliance with the requirements of this Regulation. __________________ 72 Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (‘Directive on electronic commerce’) (OJ L 178, 17.7.2000, p. 1). 73 [Add reference when adopted Proposal for a regulation of the European Parliament and of the Council on a Single Market For Digital Services (Digital Services Act) and amending Directive 2000/31/EC (COM(2020)825 final)].

Amendment 240 #

Proposal for a regulation
Recital 58

(58) Online marketplaces play a crucial role in the supply chain, allowing economic operators to reach a large number of customers. Given their important role in intermediating the sale of products between economic operators and customers, online marketplaces should take responsibility for addressing the sale of products that do not comply with ecodesign requirements and should cooperate with market surveillance authorities. Directive 2000/31/EC of the European Parliament and of the Council provides the general framework for e- commerce and lays down certain obligations for online platforms. Regulation […/…] on a Single Market for Digital Services (Digital Services Act) and amending Directive 2000/31/EC regulates the responsibility and accountability of providers of intermediary services online with regard to illegal content, including products that do not comply with ecodesign requirements. Building on this general framework, specific requirements to effectively address the sale of non- compliant products online should be brought i(Does not affect English version.) __________________ 72 Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (‘Directive on electronic commerce’) (OJ L 178, 17.7.2000, p. 1). 73 Add reference when adopted Proposal for a regulation of the European Parliament and of the Council on a Single Market For Digital Services (Digital Services Act) and amending Directive 2000/31/EC (COM(2020)825 final)].

Amendment 241 #

Proposal for a regulation
Recital 59

(59) It is essential that online marketplaces cooperate closely with the market surveillance authorities. An obligation of cooperation with market surveillance authorities is imposed on information society service providers under Article 7(2) of Regulation (EU) 2019/1020 of the European Parliament and of the Council74 in relation to products covered by that Regulation, including products for which ecodesign requirements are set. To further improve cooperation to tackle illegal content related to non-compliant products, this Regulation should include concrete obligations to put this cooperation into practice as regards online marketplaces. For instance, market surveillance authorities are constantly improving the technological tools they use for online market surveillance in order to identify non-compliant products sold online. For these tools to be operational, online marketplaces should grant access to their interfaces. Moreover, market surveillance authorities ~~may~~will also need to scrape data from the online marketplaces. __________________ 74 Regulation (EU) 2019/1020 of the European Parliament and of the Council of 20 June 2019 on market surveillance and compliance of products and amending Directive 2004/42/EC and Regulations (EC) No 765/2008 and (EU) No 305/2011 (OJ L169, 25.6.2019, p. 1).

Amendment 242 #

Proposal for a regulation
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

(64) In order to improve future ecodesign requirements and improve end- users confidence identifying and correcting deviations between energy in- use and other performance parameters when measured under test conditions and actual functioning, the Commission should have access to products’ actual energy consumption while in use and where relevant to other performance parameters. To that end, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission to supplement this Regulation by requiring individual products, similarly to road vehicles, to determine their in-use energy consumption and other relevant performance parameters and display it to the end-user. For products connected to the internet, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission to supplement this Regulation by requiring economic operators to remotely collect such in-use data and report it to the Commission, as it is essential to identify how the products perform and to inform the public. For products whose in use performance depends significantly also on climatic or geographical conditions, climatic or geographical information should also be collected, anonymised and reported.deleted

Amendment 244 #

Proposal for a regulation
Recital 64

(64) In order to improve future ecodesign requirements and improve end- users confidence identifying and correcting deviations between energy in-use and other performance parameters when measured under test conditions and actual functioning, the Commission should have access to products’ actual energy consumption while in use and where relevant to other performance parameters. To that end, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission to supplement this Regulation by requiring individual products, similarly to road vehicles, to determine their in-use energy consumption and other relevant performance parameters and display it to the end-user. For products connected to the internet, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission to supplement this Regulation by requiring economic operators to remotely collect such in-use data and report it to the Commission, as it is essential to identify how the products perform and to inform the public. For products whose in use performance depends significantly also on climatic or geographical conditions, climatic or geographical information should also be collected, anonymised and reported.(Does not affect English version.)

Amendment 245 #

Proposal for a regulation
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 246 #

Karin KARLSBRO, Nils TORVALDS, Martin HOJSÍK, Jan HUITEMA, Susana SOLÍS PÉREZ, Emma WIESNER

Proposal for a regulation
Recital 66 a (new)

(66a) To avoid premature obsolescence of products, which would be counter to the aims of this Regulation, software or firmware originally included in a product should not be able to worsen the products performance or functionality over time.

Amendment 247 #

Silvia SARDONE, Rosanna CONTE, Gianna GANCIA, Danilo Oscar LANCINI, Gianantonio DA RE, Elisabetta DE BLASIS, Simona BALDASSARRE, Matteo ADINOLFI

Proposal for a regulation
Recital 86

(86) In order to incentivise consumers to make sustainable choices, in particular when the more sustainable products are not affordable enough, mechanisms such as eco-vouchers and green taxation should be provided for. Incentives should also be provided for the repair, reuse and recovery of products already placed on the market. When Member States decide to make use of incentives to reward the best- performing products among those for which classes of performance have been set by delegated acts pursuant to this Regulation, they should do so by targeting those incentives at the highest two populated classes of performance, unless otherwise indicated by the relevant delegated act. However, Member States should not be able to prohibit the placing on the market of a product based on its class of performance. For the same reason, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission to supplement this Regulation by further specifying which product parameters or related levels of performance Member States’ incentives concern in case no class of performance is determined in the applicable delegated act or where classes of performance are established in relation to more than one product parameter. The introduction of Member State incentives should be without prejudice to the application of the Union State aid rules.

Amendment 248 #

Proposal for a regulation
Recital 86

(86) In order to incentivise consumers to make sustainable choices, in particular when the more sustainable products are not affordable enough, mechanisms such as eco-vouchers and green taxation should be provided for. Incentives should also be provided for the repair, reuse and recovery of products already placed on the market. When Member States decide to make use of incentives to reward the best- performing products among those for which classes of performance have been set by delegated acts pursuant to this Regulation, they should do so by targeting those incentives at the highest two populated classes of performance, unless otherwise indicated by the relevant delegated act. However, Member States should not be able to prohibit the placing on the market of a product based on its class of performance. For the same reason, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission to supplement this Regulation by further specifying which product parameters or related levels of performance Member States’ incentives concern in case no class of performance is determined in the applicable delegated act or where classes of performance are established in relation to more than one product parameter. The introduction of Member State incentives should be without prejudice to the application of the Union State aid rules.

Amendment 249 #

Martin HOJSÍK, Nicolae ŞTEFĂNUȚĂ, Max ORVILLE, Jan HUITEMA, Michal WIEZIK, Catherine CHABAUD, Susana SOLÍS PÉREZ, Róża THUN UND HOHENSTEIN

Proposal for a regulation
Recital 86

Amendment 250 #

Martin HOJSÍK, Nicolae ŞTEFĂNUȚĂ, Max ORVILLE, Michal WIEZIK, Catherine CHABAUD, Susana SOLÍS PÉREZ

Proposal for a regulation
Recital 87

(87) Public procurement amounts to 14% of the Union’s GDP. To contribute to the objective of reaching climate neutrality, improving energy and resource efficiency, respect of social rights and transitioning to a circular economy that protects public health and biodiversity, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission to require , where appropriate, contracting authorities and entities as defined in Directive 2014/24/EU78 and 2014/25/EU79 of the European Parliament and of the Council, to align their procurement with specific green and socially responsible public procurement criteria or targets, to be set out in the delegated acts adopted pursuant to this Regulation. The criteria or targets set by delegated acts for specific product groups should be complied with not only when directly procuring those products in public supply contracts but also in public works or public services contracts where those products will be used for activities constituting the subject matter of those contracts. Compared to a voluntary approach, mandatory criteria or targets will ensure that the leverage of public spending to boost demand for better performing products is maximised. The criteria should be transparent, objective and non- discriminatory. __________________ 78 Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement and repealing Directive 2004/18/EC (OJ L 94, 28.3.2014, p. 65). 79 Directive 2014/25/EU of the European Parliament and of the Council of 26 February 2014 on procurement by entities operating in the water, energy, transport and postal services sectors and repealing Directive 2004/17/EC (OJ L 94, 28.3.2014, p. 243).

Amendment 251 #

Proposal for a regulation
Recital 87

(87) Public procurement amounts to 14% of the Union’s GDP. To contribute to the objective of reaching climate neutrality, improving energy and resource efficiency and transitioning to a circular economy that protects public health and biodiversity, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission to require , where appropriate, contracting authorities and entities as defined in Directive 2014/24/EU78 and 2014/25/EU79 of the European Parliament and of the Council, to align their procurement with specific green public procurement criteria or targets, to be set out in the delegated acts adopted pursuant to this Regulation. The criteria or targets set by delegated acts for specific product groups should be complied with not only when directly procuring those products in public supply contracts but also in public works or public services contracts where those products will be used for activities constituting the subject matter of those contracts. Compared to a voluntary approach, mandatory criteria or targets will ensure that the leverage of public spending to boost demand for better performing products is maximised in all Member States. The criteria should be transparent, objective and non- discriminatory. __________________ 78 Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement and repealing Directive 2004/18/EC (OJ L 94, 28.3.2014, p. 65). 79 Directive 2014/25/EU of the European Parliament and of the Council of 26 February 2014 on procurement by entities operating in the water, energy, transport and postal services sectors and repealing Directive 2004/17/EC (OJ L 94, 28.3.2014, p. 243).

Amendment 252 #

Karin KARLSBRO, Martin HOJSÍK, Emma WIESNER

Proposal for a regulation
Recital 88

(88) Effective enforcement of ecodesign requirements is essential to ensure equal competition in the Union market and to ensure that this Regulation’s expected benefits and contribution to achieving the Union’s climate, energy and circularity objectives are achieved. Therefore, Regulation (EU) 2019/1020 setting out a horizontal framework for market surveillance and control of products entering the Union market should apply to products for which ecodesign requirements are set pursuant to this Regulation, in so far as there are no specific provisions with the same objective, nature or effect in this Regulation. In addition, to lower the problematic levels of non-compliance of products covered by implementing measures adopted under Directive 2009/125/EC, to better prevent non- compliance with future ecodesign requirements, and taking account of the broader scope and increased ambition of this Regulation compared to Directive 2009/125/EC, this Regulation should contain specific additional rules complementing the framework created by Regulation (EU) 2019/1020. Those specific additional rules should be aimed at further strengthening the planning, coordination and support of Member State efforts and should provide additional tools for the Commission to ensure sufficient action is taken by market surveillance authorities to prevent non-compliance with ecodesign requirements.deleted

Amendment 253 #

Proposal for a regulation
Recital 90

(90) To ensure that appropriate checks are performed on an adequate scale in relation to ecodesign requirements, Member States should draw up a dedicated action plan identifying the products or requirements identified as priorities for market surveillance under this Regulation and the activities planned to reduce non- compliance of relevant products or with relevant ecodesign requirements. Where relevant, this action plan should be part of Member States’ national market surveillance strategies adopted pursuant to Article 13 of Regulation (EU) 2019/1020. The action plans should be accompanied with a sufficient increase in funds for the enforcement authorities to perform sufficient checks, also in relation to products offered to Union consumers by manufacturers not on the Union market.

Amendment 254 #

Martin HOJSÍK, Nicolae ŞTEFĂNUȚĂ, Max ORVILLE, Jan HUITEMA, Michal WIEZIK, Susana SOLÍS PÉREZ, Róża THUN UND HOHENSTEIN

Proposal for a regulation
Recital 92

(92) Where problematic levels of non- compliance with ecodesign requirements are observed despite the enhanced planning, coordination and support laid down by this Regulation, the Commission should be able to intervene to ensure that market surveillance authorities perform checks on an adequate scale. Therefore, in order to safeguard the effective enforcement of ecodesign requirements, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission to lay down a minimum number of checks to be performed on specific products or requirements. This empowerment should be additional to the empowerment in Article 11(4) of Regulation (EU) 2019/1020.deleted

Amendment 255 #

Proposal for a regulation
Recital 92

Amendment 256 #

César LUENA, Javi LÓPEZ, Nicolás GONZÁLEZ CASARES, Estrella DURÁ FERRANDIS

Proposal for a regulation
Recital 99

(99) When adopting delegated acts pursuant to Article 290 TFEU, it is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making81 . In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States’ experts and at least two weeks in advance, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts. __________________ 81 OJ L123, 12.5. 2016, p. 1.

Amendment 257 #

César LUENA, Javi LÓPEZ, Nicolás GONZÁLEZ CASARES, Estrella DURÁ FERRANDIS

Proposal for a regulation
Recital 100

(100) In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission as regards: (a) specifying implementation arrangements for the interconnection of the registry referred to in Article 12 and the EU Customs Single Window Certificates Exchange; (b) establishing common requirements for the layout of labels; (c) containing a list of self-regulation measures established as valid alternatives to a delegated act adopted pursuant to Article 4; (d) setting out format for the disclosure of the information on unsold consumer products that have been discarded; (e) laying down, amending or repealing common specifications for ecodesign requirements, the essential requirements for product passports or for test, measurement or calculation methods; (f) laying down a minimum number of full- time equivalents jobs considered sufficient for the proper monitoring of notified bodies; (g) requiring a Member State to take corrective action, including withdrawal of the notification, for non- compliant notified bodies; (h) listing the products or requirements that Member States must at least consider as priorities for market surveillance; and (i) deciding, pursuant to the Union safeguard procedure, whether a national measure is justified or not. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council82 __________________ 82 Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).

Amendment 258 #

Proposal for a regulation
Recital 101

(101) To enhance trust in products placed on the market, in particular as regards the fact that they comply with ecodesign requirements, the public needs to be sure that economic operators placing non- compliant products on the market will be subject to penalties. It is therefore necessary that Member States lay down effective, proportionate and dissuasive penalties in national law for failure to comply with this Regulation. To facilitate more consistent application of penalties, common non-exhaustive criteria should be established for determining the types and levels of penalties to be imposed in case of infringements of this Regulation. These criteria should include, inter alia, the nature and gravity of the infringement and the economic benefits derived from and the environmental damage caused by the infringement, insofar as these can be determined.

Amendment 259 #

Proposal for a regulation
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 260 #

Proposal for a regulation
Article 1 – paragraph 1 – subparagraph 1 – introductory part

This Regulation establishes a framework to ~~improve the~~meet the global science-based environmental sustainability targets of products in order to make sustainable products the norm and to reduce their overall environmental footprint over their lifecycle, as well as to improve their social sustainability and to ensure free movement in the internal market by setting ecodesign requirements that products shall fulfil to be placed on the market or put into service. Those ecodesign requirements based on global science-based and indicator-based life cycle assessment methods to pursue the overall resource-efficiency of all products by ten folds, which shall be further elaborated by the Commission in delegated acts, relate to:

Amendment 261 #

Proposal for a regulation
Article 1 – paragraph 1 – subparagraph 1 – introductory part

This Regulation establishes a framework to improve the environmental sustainability of products and digital services in order to make sustainable products and digital services the norm, and to reduce their overall environmental, carbon and material footprint over their lifecycle to respect planetary boundaries by 2050 at the latest, as well as to improve their social sustainability and to ensure free movement in the internal market by setting ecodesign requirements that products shall fulfil to be placed on the market or put into service. Those ecodesign requirements, which shall be further elaborated by the Commission in delegated acts, relate to:

Amendment 262 #

Proposal for a regulation
Article 1 – paragraph 1 – subparagraph 1 – introductory part

This Regulation establishes a framework to improve the environmental sustainability of products ~~and~~in order to make sustainable products the predominant type of products on the market and to reduce their overall environmental footprint over their lifecycle as well as to ensure free movement in the internal market by setting ecodesign requirements that products shall fulfil to be placed on the market or put into service. Those ecodesign requirements, which shall be further elaborated by the Commission in delegated acts, relate to:

Amendment 263 #

Proposal for a regulation
Article 1 – paragraph 1 – subparagraph 1 – introductory part

This Regulation establishes a framework to bring back the consumption footprint of products within the planetary boundaries, to improve the environmental sustainability of products and to ensure free movement in the internal market by setting ecodesign requirements that products shall fulfil to be placed on the market or put into service. Those ecodesign requirements, which shall be further elaborated by the Commission in delegated acts, relate to:

Amendment 264 #

Proposal for a regulation
Article 1 – paragraph 1 – subparagraph 1 – introductory part

This Regulation establishes a framework to improve the environmental sustainability of the movement of products and to ensure free movement in the internal market by setting ecodesign requirements that products shall fulfil to be placed on the market or put into service. Those ecodesign requirements, which shall be further elaborated by the Commission in delegated acts, relate to:

Amendment 265 #

Proposal for a regulation
Article 1 – paragraph 1 – subparagraph 1 – point b

(b) product reusability, with the objective that before 2050 all products are reusable;

Amendment 266 #

Proposal for a regulation
Article 1 – paragraph 1 – subparagraph 1 – point c

(c) product upgradability, reparability, maintenance and refurbishment, with the objective that before 2050 all products are upgradable, reparable, maintainable and refurbishable;

Amendment 267 #

Proposal for a regulation
Article 1 – paragraph 1 – subparagraph 1 – point c a (new)

(ca) product modularity, with the objective that before 2050 all products are modular;

Amendment 268 #

Silvia SARDONE, Rosanna CONTE, Gianna GANCIA, Danilo Oscar LANCINI, Gianantonio DA RE, Elisabetta DE BLASIS, Simona BALDASSARRE, Matteo ADINOLFI

Proposal for a regulation
Article 1 – paragraph 1 – subparagraph 1 – point c a (new)

(ca) products' planned obsolescence;

Amendment 269 #

Proposal for a regulation
Article 1 – paragraph 1 – subparagraph 1 – point d

(d) the presence of substances of concern in final products;

Amendment 270 #

Hildegard BENTELE, Marlene MORTLER, Andreas SCHWAB, Peter LIESE, Christian DOLESCHAL, Angelika NIEBLER

Proposal for a regulation
Article 1 – paragraph 1 – subparagraph 1 – point f

~~(f) recycled content in products;~~deleted

Amendment 271 #

Proposal for a regulation
Article 1 – paragraph 1 – subparagraph 1 – point f

(f) recycled content in products and recyclability of products;

Amendment 272 #

Proposal for a regulation
Article 1 – paragraph 1 – subparagraph 1 – point f

(f) recycled content in products and recyclability of products;

Amendment 273 #

Ondřej KNOTEK

Proposal for a regulation
Article 1 – paragraph 1 – subparagraph 1 – point f

(f) recycled and by-product content in products;

Amendment 274 #

Hildegard BENTELE, Marlene MORTLER, Andreas SCHWAB, Peter LIESE, Christian DOLESCHAL, Angelika NIEBLER

Proposal for a regulation
Article 1 – paragraph 1 – subparagraph 1 – point g

(g) product remanufacturing ~~and recycling~~;

Amendment 275 #

Proposal for a regulation
Article 1 – paragraph 1 – subparagraph 1 – point g

(g) product remanufacturing ~~and recycling~~;

Amendment 276 #

Jan HUITEMA, Karin KARLSBRO, Ondřej KNOTEK, Frédérique RIES, Andreas GLÜCK, Catherine CHABAUD, Susana SOLÍS PÉREZ, Ulrike MÜLLER, Asger CHRISTENSEN

Proposal for a regulation
Article 1 – paragraph 1 – subparagraph 1 – point g

(g) product remanufacturing ~~and recycling~~;

Amendment 277 #

Proposal for a regulation
Article 1 – paragraph 1 – subparagraph 1 – point g

(g) product remanufacturing and recycling, with the objective that before 2050 all products are recyclable based on the highest material use value;

Amendment 278 #

Jan HUITEMA, Karin KARLSBRO, Frédérique RIES, Andreas GLÜCK, Catherine CHABAUD

Proposal for a regulation
Article 1 – paragraph 1 – subparagraph 1 – point g

(g) product remanufacturing and recycling, including their components;

Amendment 279 #

Proposal for a regulation
Article 1 – paragraph 1 – subparagraph 1 – point g a (new)

(ga) product recycling;

Amendment 280 #

Ondřej KNOTEK

Proposal for a regulation
Article 1 – paragraph 1 – subparagraph 1 – point g a (new)

(ga) product recyclability;

Amendment 281 #

César LUENA, Javi LÓPEZ, Nicolás GONZÁLEZ CASARES, Estrella DURÁ FERRANDIS

Proposal for a regulation
Article 1 – paragraph 1 – subparagraph 1 – point i

(i) products’ expected generation of waste materials., with the objective to ensure that all products are designed with the designing out waste principle and designed to maximise the products' lifespan;

Amendment 282 #

Proposal for a regulation
Article 1 – paragraph 1 – subparagraph 1 – point i

(i) products’ expected generation of waste materials and recyclability.

Amendment 283 #

Jan HUITEMA, Karin KARLSBRO, Frédérique RIES, Martin HOJSÍK, Catherine CHABAUD, Susana SOLÍS PÉREZ, Asger CHRISTENSEN

Proposal for a regulation
Article 1 – paragraph 1 – subparagraph 1 – point i a (new)

(ia) renewability of raw material content.

Amendment 284 #

Catherine CHABAUD, Pascal CANFIN, Nicolae ŞTEFĂNUȚĂ, Max ORVILLE

Proposal for a regulation
Article 1 – paragraph 1 – subparagraph 1 – point i a (new)

(ia) product packaging's durability.

Amendment 285 #

Dan-Ştefan MOTREANU

Proposal for a regulation
Article 1 – paragraph 1 – subparagraph 1 – point i a (new)

(ia) products' premature obsolescence.

Amendment 286 #

Proposal for a regulation
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 287 #

Proposal for a regulation
Article 1 – paragraph 1 – subparagraph 2

This Regulation also establishes a digital product passport (‘product passport’), provides for the setting of mandatory green and socially responsible public procurement criteria and creates a framework to prevent unsold consumer products from being destroyed.

Amendment 288 #

Proposal for a regulation
Article 1 – paragraph 2 – introductory part

~~2. This Regulation shall apply to any physical good that is placed on the market or put into service, including components and intermediate products. However, it shall not apply to:~~(Does not affect English version.)

Amendment 289 #

Proposal for a regulation
Article 1 – paragraph 2 – point f

(~~f) products of human origin;~~Does not affect English version.)

Amendment 290 #

Proposal for a regulation
Article 1 – paragraph 2 – point g

(~~g) products of plants and animals relating directly to their future reproduct~~Does not affect English version.)

Amendment 291 #

Maria SPYRAKI

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

(ga) construction products as defined in [the revised Construction Products Regulation]

Amendment 292 #

Silvia SARDONE, Rosanna CONTE, Gianna GANCIA, Danilo Oscar LANCINI, Gianantonio DA RE, Elisabetta DE BLASIS, Simona BALDASSARRE, Matteo ADINOLFI

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

(ga) products intended for specifically military, defence or law enforcement purposes, including those falling under the scope of Directive 2009/43/EC of the European Parliament and of the Council1a. __________________ 1a Directive 2009/43/EC of the European Parliament and of the Council of 6 May 2009 simplifying terms and conditions of transfers of defence-related products within the Community (OJ L 146, 10.6.2009, p. 1).

Amendment 293 #

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

(ga) energy carriers within the meaning of Directive (EU) 2018/2001 and Directive 2009/30/EC.

Amendment 294 #

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

(ga) energy carriers according to Directive (UE) 2018/2001 and Directive 2009/30/EC.

Amendment 295 #

Proposal for a regulation
Article 2 – paragraph 1 – point 1

(~~1) ‘product’ means any physical good that is placed on the market or put into service;~~Does not affect English version.)

Amendment 296 #

Proposal for a regulation
Article 2 – paragraph 1 – point 1

(1) ‘product’ means any ~~physical good~~tangible movable item that is placed on the market or put into service;

Amendment 297 #

Proposal for a regulation
Article 2 – paragraph 1 – point 1

(1) ‘product’ means any physical good ~~that is placed on the market or put into service~~created as a result of human activity;

Amendment 298 #

Silvia SARDONE, Rosanna CONTE, Gianna GANCIA, Danilo Oscar LANCINI, Gianantonio DA RE, Elisabetta DE BLASIS, Simona BALDASSARRE, Matteo ADINOLFI

Proposal for a regulation
Article 2 – paragraph 1 – point 2

(2) ‘component’ means a product or spare part intended to be incorporated into another product;

Amendment 299 #

Proposal for a regulation
Article 2 – paragraph 1 – point 3

(3) ‘~~intermediate~~unfinished product’ or ‘semi-finished product’ means a product that requires further manufacturing or ~~transformation~~processing such as mixing, coating or assembling to make it suitable for end- users;

Amendment 300 #

Hildegard BENTELE, Marlene MORTLER, Andreas SCHWAB, Peter LIESE, Christian DOLESCHAL, Angelika NIEBLER

Proposal for a regulation
Article 2 – paragraph 1 – point 3

(3) ‘intermediate product’ means a product that requires further manufacturing or ~~transformation such as~~processing such as synthesis, mixing, coating or assembling to make it suitable for end- users;

Amendment 301 #

Proposal for a regulation
Article 2 – paragraph 1 – point 5

(~~5) ‘product group’ means a set of products that serve similar purposes and are similar in terms of use, or have similar functional properties, and are similar in terms of consumer percept~~Does not affect English version;.)

Amendment 302 #

Proposal for a regulation
Article 2 – paragraph 1 – point 5 a (new)

(5a) ‘digital service’ means: (a) a service that allows the consumer to create, process, store or access data in digital form; or (b) a service that allows the sharing of, or any other interaction with data in digital form uploaded or created by the consumer or other users of that service;

Amendment 303 #

Proposal for a regulation
Article 2 – paragraph 1 – point 6

(6) ‘ecodesign’ means the integration of environmental sustainability ~~consideration~~aspects into the characteristics of a product and ~~the processes taking place~~ throughout the product’s value chain;

Amendment 304 #

Proposal for a regulation
Article 2 – paragraph 1 – point 7

(~~7) ‘ecodesign requirement’ means a performance requirement or an information requirement aimed at making a product more environmentally sustainable;~~Does not affect English version.)

Amendment 305 #

César LUENA, Javi LÓPEZ, Nicolás GONZÁLEZ CASARES, Estrella DURÁ FERRANDIS

Proposal for a regulation
Article 2 – paragraph 1 – point 13

(13) ‘end-of-life’ means the life cycle stage that begins when a product is discarded and ends when the product ~~is returned to nature~~or material derived from it is processed as a waste ~~product~~ or enters another product’s life cycle;

Amendment 306 #

Proposal for a regulation
Article 2 – paragraph 1 – point 13

(13) ‘end-of-life’ means the life cycle stage that begins when a product is discarded as a waste and ends when the ~~product~~material is returned to nature ~~as a waste product~~ or enters another product’s life cycle;

Amendment 307 #

Edina TÓTH

Proposal for a regulation
Article 2 – paragraph 1 – point 13

(13) ‘end-of-life’ means the life cycle stage that begins when a product is discarded and ends when the product is returned to nature as a waste ~~product~~ or enters another product’s life cycle;

Amendment 308 #

César LUENA, Javi LÓPEZ, Nicolás GONZÁLEZ CASARES, Estrella DURÁ FERRANDIS

Proposal for a regulation
Article 2 – paragraph 1 – point 15

(15) ‘class of performance’ means a range of performance levels in relation to one or more product parameters referred to in Annex I assessed by the same methodology, ordered into successive steps to allow for product differentiation;

Amendment 309 #

César LUENA, Javi LÓPEZ, Nicolás GONZÁLEZ CASARES, Estrella DURÁ FERRANDIS

Proposal for a regulation
Article 2 – paragraph 1 – point 16

(16) ‘remanufacturing’ means an industrial process in which a product is produced 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~~, purpo~~ and/or functionality within the intended use or type of the product typically placed on the market with a commercial guarantee; requiring a conformity assessment of the resulting product to ensure its compliance with applicable technical standards and regulatory requirements;

Amendment 310 #

Proposal for a regulation
Article 2 – paragraph 1 – point 16

(16) ‘remanufacturing’ means an industrial process in which a product is produced ~~from objects that are waste,~~ or modified from objects, 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, requiring a conformity assessment of the resulting product to ensure its compliance with applicable technical standards and regulatory requirements;

Amendment 311 #

Proposal for a regulation
Article 2 – paragraph 1 – point 16

Amendment 312 #

Proposal for a regulation
Article 2 – paragraph 1 – point 17

(17) ‘upgrading’ means enhancing the functionality, performance, or capacity ~~or aesthetics~~ of a product;

Amendment 313 #

César LUENA, Javi LÓPEZ, Nicolás GONZÁLEZ CASARES, Estrella DURÁ FERRANDIS

Proposal for a regulation
Article 2 – paragraph 1 – point 17

(17) ‘upgrading’ means enhancing the functionality, performance, capacity ~~or aesthetics~~ of a product;

Amendment 314 #

Proposal for a regulation
Article 2 – paragraph 1 – point 17

(17) ‘upgrading’ means enhancing the functionality, performance, capacity, safety or aesthetics of a product;

Amendment 315 #

Proposal for a regulation
Article 2 – paragraph 1 – point 18

(18) ‘'refurbishment’ means ~~preparing or modifying~~testing, and where necessary performing repair and maintenance, as well as deleting data connected to the previous use, including personal data, in case of electronic devices, by a professional, on an object that is waste or a second-hand product to restore its ~~performance or~~ functionality within the intended use, ~~range of performance and maintenance~~ originally conceived at the design stage~~, or to meet applicable technical standards or regulatory requirements, with the result of making a fully functional~~ before making it available on the market. Refurbishment may also include improving the aesthetics of the product;

Amendment 316 #

César LUENA, Javi LÓPEZ, Nicolás GONZÁLEZ CASARES, Estrella DURÁ FERRANDIS

Proposal for a regulation
Article 2 – paragraph 1 – point 18

(18) ‘refurbishment’ means ~~preparing or modifying~~testing, and where necessary performing repair and maintenance, as well as deleting data connected to the previous use, including personal data, in case of electronic devices, by a professional, on an object that is waste or a second-hand product to restore its ~~performance or~~ functionality within the intended use~~, range of performance and maintenance~~ originally conceived at the design stage~~, or to meet applicable technical standards or regulatory requirements, with~~ before making it available on the market. Refurbishment may also include improving the raes~~ult of making a fully functional~~thetics of the product;

Amendment 317 #

Jan HUITEMA, Karin KARLSBRO, Nils TORVALDS, Ondřej KNOTEK, Frédérique RIES, Asger CHRISTENSEN

Proposal for a regulation
Article 2 – paragraph 1 – point 18

(18) ‘refurbishment’ means ~~preparing or modifying~~testing, and where necessary performing repair and maintenance, as well as deleting data connected to the previous use, including personal data, in case of electronic devices, by a professional, on an object that is waste or a second-hand product to restore its ~~performance or~~ functionality within the intended use~~, range of performance and maintenance~~ originally conceived at the design stage~~, or to meet applicable technical standards or regulatory requirements, with~~ before making it available on the market. Refurbishment may also include improving the raes~~ult of making a fully functional~~thetics of the product;

Amendment 318 #

Proposal for a regulation
Article 2 – paragraph 1 – point 18

(18) ‘refurbishment’ means preparing or modifying an object that is waste or a product to ~~restore its performance or functionality within the intended use, range of performance~~change its purpose and, possibly but not necessarily, its safety, performance or type of the product typically placed on the market with a commercial guarantee; and to maint~~enance originally conceived at the design stage,~~ain the compliance with or to meet applicable technical standards orand regulatory requirements applicable at the time of placing on the market, with the result of making a fully functional product;

Amendment 319 #

Proposal for a regulation
Article 2 – paragraph 1 – point 18

(18) ‘refurbishment’ means preparing or modifying an object ~~that is waste~~ or a product to restore its performance or functionality within the intended use, range of performance and maintenance originally conceived at the design stage, or to meet applicable technical standards or regulatory requirements, with the result of making a fully functional produc while maintaining compliance with regulatory requirements applicable at the time of placing on the market;

Amendment 320 #

Proposal for a regulation
Article 2 – paragraph 1 – point 18

(18) ‘refurbishment’ means preparing or modifying an object ~~that is waste~~ or a product to restore its performance or functionality within the intended use, range of performance and maintenance originally conceived at the design stage, ~~or to meet applicable~~and to maintain the compliance with or to meet applicable at the time of placing on the market, technical standards or regulatory requirements, with the result of making a fully functional product;

Amendment 321 #

Proposal for a regulation
Article 2 – paragraph 1 – point 18 a (new)

(18a) ‘software update’ means either a conformity update or a functionality update;

Amendment 322 #

Proposal for a regulation
Article 2 – paragraph 1 – point 18 b (new)

(18b) 'conformity update’ means an operating system update, including security patches or bugs fixes, if relevant for a given device, whose purpose is to keep the good in conformity, by providing enhanced security or corrective measures for the device;

Amendment 323 #

Proposal for a regulation
Article 2 – paragraph 1 – point 18 c (new)

(18c) ‘functionality update’ means an operating system update that is not necessary to keep the device in conformity and whose purpose is to improve current functionalities and/or implement new functionalities;

Amendment 324 #

César LUENA, Javi LÓPEZ, Nicolás GONZÁLEZ CASARES, Estrella DURÁ FERRANDIS

Proposal for a regulation
Article 2 – paragraph 1 – point 20

(20) ‘repair’ means returning a defective product ~~or waste~~ to a condition where it fulfils its intended use, meeting the applicable technical standards and regulatory requirements applicable at the time of placing on the market;

Amendment 325 #

Proposal for a regulation
Article 2 – paragraph 1 – point 20

(20) ‘repair’ means returning a defective product or waste to a condition where it fulfils its intended use meeting at least the applicable technical standards and regulatory requirements applicable at the time of placing on the market;

Amendment 326 #

Jan HUITEMA, Karin KARLSBRO, Frédérique RIES, Andreas GLÜCK, Catherine CHABAUD, Susana SOLÍS PÉREZ, Ulrike MÜLLER, Asger CHRISTENSEN

Proposal for a regulation
Article 2 – paragraph 1 – point 20 a (new)

(20a) 'premature obsolescence' means the making available on the market of a product with a feature of which its presence limits the product's foreseeable lifetime;

Amendment 327 #

Jan HUITEMA, Karin KARLSBRO, Ondřej KNOTEK, Frédérique RIES, Andreas GLÜCK, Catherine CHABAUD, Susana SOLÍS PÉREZ, Ulrike MÜLLER, Asger CHRISTENSEN

Proposal for a regulation
Article 2 – paragraph 1 – point 20 b (new)

(20b) 'recyclability' means the ability of a product to be recycled when it reaches its end-of-life stage, by using recycling techniques commercially available within the EU;

Amendment 328 #

Jan HUITEMA, Karin KARLSBRO, Frédérique RIES, Andreas GLÜCK, Catherine CHABAUD, Susana SOLÍS PÉREZ, Ulrike MÜLLER, Asger CHRISTENSEN

Proposal for a regulation
Article 2 – paragraph 1 – point 20 c (new)

(20c) 'recycled content' means the incorporation of secondary raw materials, derived from recycling, into intermediate or finished products;

Amendment 329 #

Proposal for a regulation
Article 2 – paragraph 1 – point 21

(21) ‘durability’ means the ability of a product to function a~~s required, under specified conditions of use, maintenance and repair, until a limiting event prevents its functioning~~nd maintain for a certain period of time its required function and performance under normal conditions of use, maintenance and repair;

Amendment 330 #

Jan HUITEMA, Karin KARLSBRO, Frédérique RIES, Catherine CHABAUD, Susana SOLÍS PÉREZ, Asger CHRISTENSEN

Proposal for a regulation
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 functioning~~the goods to maintain their required functions and performance through normal use;

Amendment 331 #

Proposal for a regulation
Article 2 – paragraph 1 – point 21 a (new)

(21a) 'renewability' means the ability of a natural resource to recover over time;

Amendment 332 #

Proposal for a regulation
Article 2 – paragraph 1 – point 22

(22) ‘reliability’ means the high probability that a product functions as required under given conditions for a given duration without a limiting event;

Amendment 333 #