Next event: Vote in plenary scheduled 2024/04/23 more...
- Approval in committee of the text agreed at 1st reading interinstitutional negotiations 2024/01/11
- Coreper letter confirming interinstitutional agreement 2023/12/22
- Text agreed during interinstitutional negotiations 2023/12/22
- Results of vote in Parliament 2023/07/12
- Decision by Parliament, 1st reading 2023/07/12
- Matter referred back to the committee responsible 2023/07/12
- Debate in Parliament 2023/07/11
- Committee report tabled for plenary, 1st reading 2023/06/22
- Vote in committee, 1st reading 2023/06/15
- Committee opinion 2023/04/27
- Committee opinion 2023/03/31
- Amendments tabled in committee 2023/01/23
- Amendments tabled in committee 2023/01/19
- Amendments tabled in committee 2023/01/18
- Amendments tabled in committee 2023/01/18
Progress: Awaiting Parliament's position in 1st reading
Role | Committee | Rapporteur | Shadows |
---|---|---|---|
Lead | ENVI | MORETTI Alessandra ( S&D) | POLFJÄRD Jessica ( EPP), HUITEMA Jan ( Renew), MATTHIEU Sara ( Verts/ALE), SARDONE Silvia ( ID), VONDRA Alexandr ( ECR), BJÖRK Malin ( GUE/NGL) |
Committee Opinion | ITRE | SPYRAKI Maria ( EPP) | Jakop G. DALUNDE ( Verts/ALE), Marc BOTENGA ( GUE/NGL), Erik BERGKVIST ( S&D), Grzegorz TOBISZOWSKI ( ECR), Ivars IJABS ( RE) |
Committee Opinion | IMCO | CORMAND David ( Verts/ALE) | Adam BIELAN ( ECR), Róża THUN UND HOHENSTEIN ( RE), Arba KOKALARI ( PPE), Anne-Sophie PELLETIER ( GUE/NGL), Adriana MALDONADO LÓPEZ ( S&D), Jean-Lin LACAPELLE ( ID) |
Lead committee dossier:
Legal Basis:
RoP 57, TFEU 114
Legal Basis:
RoP 57, TFEU 114Subjects
Events
The European Parliament adopted by 473 votes to 110, with 69 abstentions, amendments to the proposal for a Regulation of the European Parliament and of the Council establishing a framework for setting eco-design requirements for sustainable products and repealing Directive 2009/125/EC.
The matter was referred back to the committee responsible for inter-institutional negotiations.
Objective
The Regulation should aim to (i) establish a framework to improve the environmental sustainability of products , in order to make sustainable products the norm and to reduce their overall environmental footprint over their lifecycle, and (ii) ensure free movement in the internal market by setting ecodesign requirements that products should fulfil to be placed on the market or put into service.
Power to adopt delegated acts
Members clarified that the empowerment to adopt ecodesign requirements should include the power to establish that no ecodesign requirements apply for imported second-hand products or product groups, for a limited period of time, where on the basis of the impact assessment conducted under Article 5(4)(b) the Commission concludes that, inter alia, it is relevant to exempt a given imported second-hand product or product group on account of the substantial share that it represents on the relevant Union second-hand product market and the genuine consumer demand that it responds to.
When establishing ecodesign requirements in delegated acts, the Commission should allow economic operators sufficient time to adapt to the new requirements, taking particular account of the needs of micro-enterprises and SMEs. The delegated acts could also complement the Regulation by specifying the methodology to be used to assess the reparability of a product, to define the classes of performance to be represented by the reparability score and to define the product categories to which the reparability score will apply.
Ecodesign requirements
When developing ecodesign requirements, the Commission should take into account the objectives of the Union in relation to:
- the climate , in particular the objective of achieving climate neutrality by 2050 at the latest;
- the environment , including biodiversity, resource efficiency and security and reduction of the environmental, material and consumption footprints, and staying within the planetary boundaries;
- non-toxicity, energy efficiency and other related EU objectives;
- the do no significant harm principle.
Durability and reparability of products
The Commission should ensure that manufacturers:
- do not limit the durability of a product making it prematurely obsolete in particular as a result of the design of a specific feature, the use of consumables or the failure to supply spare parts, software updates or accessories in a timely manner;
- do not limit the reparability of products by impeding the disassembly of key components or limiting access to repair information and spare parts exclusively to authorised repairers.
Information requirements
Members strengthened certain provisions relating to the information rights of consumers and end-users. They stated that consumers and end-users must be provided with clear and easily understandable information to encourage sustainable consumption patterns and ensure that appropriate action is taken when a product reaches the end of its life.
All information relevant for a purchasing decision should be provided to the consumers prior to the purchase of a product on the product’s packaging, in the digital product passport, on a label or on a free access website of application, as appropriate. Information that is essential to the health, safety, and rights of end-users should be provided in physical format with the product and be accessible through a data carrier included on the product.
Where appropriate, information requirements on the performance of the product related to reparability should take the form of a reparability score to enable end-users to easily compare the performance of products.
A new ‘ product passport ’, containing accurate and up-to-date information, will be introduced to increase transparency and enable consumers to make informed purchasing decisions.
Members also strengthened the provisions relating to the Ecodesign Forum by making its functioning more transparent and by enabling the Eco-design Forum to propose to the Commission to prepare ecodesign requirements for a particular product group. take into consideration.
Comparison platform
No later than 12 months after the entry into force of this Regulation, the Commission should set up and maintain a publicly accessible online tool allowing stakeholders to compare information included in the product passports stored by the economic operator.
Prioritisation and planning
The current proposal allows the Commission to define, in the working plans, the products for which ecodesign requirements should be established as a priority. Members consider that for the period 2024-2027, the Commission should consider prioritising the following product groups in the first working plan: (i) iron, steel; (ii) aluminium; (iii) textiles, notably garments and footwear; (iv) furniture, including mattresses; (v) tyres; (vi) detergents; (vii) paints; (viii) lubricants; (ix) chemicals; (x) energy related products, the implementing measures for which need to be revised or newly defined; (xi) ICT products and other electronics.
Members also wanted a specific ban on the destruction of unsold consumer products such as textiles and footwear, as well as electrical and electronic equipment.
The Committee on the Environment, Public Health and Food Safety adopted the report by Alessandra MORETTI (S&D, IT) on the proposal for a regulation of the European Parliament and of the Council establishing a framework for setting of ecodesign requirements for sustainable products and repealing Directive 2009/125/EC.
The committee responsible recommended that the European Parliament's position adopted at first reading under the ordinary legislative procedure should amend the proposal as follows:
Objective
This Regulation should establish a framework to improve the environmental sustainability of products, in order to make sustainable products the norm and to reduce their overall environmental footprint over their lifecycle. Ecodesign requirements, to be specified by the Commission in delegated acts, should also address product recycling .
Ecodesign requirements
When establishing ecodesign requirements in delegated acts, the Commission should allow economic operators sufficient time to adjust to the new requirements, taking particular account of the needs of micro-enterprises and SMEs.
When developing ecodesign requirements, the Commission should take into account the objectives of the Union in relation to:
- the climate , in particular the objective of achieving climate neutrality by 2050 at the latest;
- the environment , including biodiversity, resource efficiency and security and reduction of the environmental, material and consumption footprints, and staying within the planetary boundaries;
- non-toxicity , energy efficiency and other related EU objectives;
- the do no significant harm principle;
- relevant international agreements;
- the prioritisation of measures in accordance with the waste hierarchy established by Directive 2008/98/EC.
In carrying out the impact assessments, the Commission should provide an assessment of (i) the expected reduction of the environmental, carbon and material footprints by the new ecodesign requirements; and (ii) any relevant consequences for human health.
Durability and reparability of products
The Commission should ensure that manufacturers: (i) do not limit the durability of a product making it prematurely obsolete; (ii) do not limit the reparability of products by impeding the disassembly of key components or limiting access to repair information and spare parts exclusively to authorised repairers.
Information requirements
Members strengthened certain provisions relating to the information rights of consumers and end-users.
The report stated that consumers and end-users must be provided with clear and easily understandable information to encourage sustainable consumption patterns and ensure that appropriate action is taken when a product reaches the end of its life.
All information relevant for a purchasing decision shall be provided to the consumers prior to the purchase of a product on the product’s packaging , in the digital product passport, on a label or on a free access website of application, as appropriate. Information that is essential to the health, safety, and rights of end-users should be provided in physical format with the product and be accessible through a data carrier included on the product.
Where appropriate, information requirements on the performance of the product related to reparability should take the form of a reparability score to enable end-users to easily compare the performance of products.
Members also strengthened the provisions relating to the Ecodesign Forum by making its functioning more transparent and by enabling the Eco-design Forum to propose to the Commission to prepare ecodesign requirements for a particular product group. take into consideration.
Comparison platform
No later than 12 months after the entry into force of this Regulation, the Commission should set up and maintain a publicly accessible online tool allowing stakeholders to compare information included in the product passports stored by the economic operator.
Prioritisation and planning
The current proposal allows the Commission to define, in the working plans, the products for which ecodesign requirements should be established as a priority.
Members consider that for the period 2024-2027, the Commission should consider prioritising the following product groups in the first working plan: (i) iron, steel; (ii) aluminium; (iii) textiles, notably garments and footwear; (iv) furniture, including mattresses; (v) tyres; (vi) detergents; (vii) paints; (viii) lubricants; (ix) chemicals; (x) energy related products, the implementing measures for which need to be revised or newly defined; (xi) ICT products and other electronics.
The work plan should be made public and presented to the European Parliament before its adoption. The Commission should justify its decision if it chooses not to give priority to any of the product groups listed.
Self-regulation measures
Self-regulation measures should include an explanation as to how the self-regulation measures improve the environmental sustainability of products in line with the objectives of this Regulation and ensures the free movement in the internal market more quickly or at a lesser expense than a delegated act.
Destruction of unsold consumer products
One year after the date of entry into force of the Regulation, the destruction of unsold consumer products by economic operators should be prohibited for the following product categories: (a) textiles and footwear; (b) electrical and electronic equipment. This provision would not apply to SMEs, but the Commission could, by means of delegated acts, provide that the ban on the destruction of unsold consumer products applies to medium-sized enterprises, micro-enterprises and SMEs.
PURPOSE: to establish a broadened framework for setting ecodesign requirements for sustainable products.
PROPOSED ACT: Regulation of the European Parliament and of the Council.
ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure and on an equal footing with the Council.
BACKGROUND: Directive 2009/125/EC establishes a framework for the setting of ecodesign requirements for energy-related products. It has significantly reduced EU primary energy demand for products and 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 sustainability of products with binding requirements.
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. This Regulation will, by making the ecodesign approach initially set out in Directive 2009/125/EC of the European Parliament and of the Council applicable to the broadest possible range of products, provide such a framework.
CONTENT: the proposal builds on the success of EU's existing Ecodesign rules, which have brought remarkable reductions in EU's energy consumption and significant savings to consumers. However, the new proposal extends the existing Ecodesign framework in two ways:
- to cover the broadest possible range of products;
- to broaden the scope of the requirements with which products are to comply.
The proposal:
- lays down a framework for setting ecodesign requirements, creating a digital product passport , and prohibiting the destruction of unsold consumer products ;
- lays down the product aspects to which the eco-design requirements relate, such as durability and reliability, reusability , upgradability, reparability , and possibility of maintenance and refurbishment, presence of substances of concern, energy and resource efficiency, recycled content;
- sets the scope of the Regulation – only a few sectors, such as food, feed, and medicinal products, are exempted;
- provides more details about performance requirements;
- lays down the necessary provision to implement the product passport and sets up a registry storing information included in the products passport;
- specifies the requirements attached to labels , when they are to be used for a given product group;
- lays down a number of measures that the Member States and the Commission are required to take to help SMEs with the general implementation of this Regulation and the future delegated acts;
- establishes a general obligation of transparency for economic operators who discard unsold consumer products;
- explicitly prohibits circumvention techniques , such as a big company selling to small companies (which are normally exempted) to make them destroy products;
- lays down obligations of manufacturers, authorised representatives, importers and distributors;
- sets out the obligations of online marketplaces and online search engines in particular concerning cooperation with market surveillance authorities. It also specifies that market surveillance authorities should have the power to order an online marketplace to remove illegal content ;
- requires Member States to draw up an action plan for market surveillance activities, which must include ‘priorities for market surveillance’ to be identified.
Budgetary implications
The proposal has limited budgetary implications for the Commission. Specifically, it requires 54 full-time equivalents to fully implement the regulation and the related delegated acts over the period 2022-2027 of the EU Multiannual Financial Framework (MFF). New commitments would be needed on existing budget lines, amounting to EUR 23.338 million in Heading 1 of the MFF (Single Market, Innovation and Digital), EUR 43.912 million in Heading 3 (Natural Resources and the Environment) and EUR 38.621 million in Heading 7 (Administrative Expenditure). The new commitments will be covered from the existing budgetary envelopes of the relevant programmes.
Documents
- Approval in committee of the text agreed at 1st reading interinstitutional negotiations: PE758.076
- Coreper letter confirming interinstitutional agreement: GEDA/A/(2024)000137
- Text agreed during interinstitutional negotiations: PE758.076
- Results of vote in Parliament: Results of vote in Parliament
- Decision by Parliament, 1st reading: T9-0272/2023
- Debate in Parliament: Debate in Parliament
- Committee report tabled for plenary, 1st reading: A9-0218/2023
- Committee opinion: PE737.400
- Committee opinion: PE738.514
- Amendments tabled in committee: PE740.760
- Amendments tabled in committee: PE740.733
- Amendments tabled in committee: PE740.731
- Amendments tabled in committee: PE740.732
- Committee draft report: PE738.753
- Document attached to the procedure: SEC(2022)0165
- Document attached to the procedure: EUR-Lex
- Document attached to the procedure: SWD(2022)0081
- Document attached to the procedure: SWD(2022)0082
- Document attached to the procedure: EUR-Lex
- Document attached to the procedure: SWD(2022)0083
- Legislative proposal published: COM(2022)0142
- Legislative proposal published: EUR-Lex
- Document attached to the procedure: SEC(2022)0165
- Document attached to the procedure: EUR-Lex SWD(2022)0081
- Document attached to the procedure: SWD(2022)0082
- Document attached to the procedure: EUR-Lex SWD(2022)0083
- Committee draft report: PE738.753
- Amendments tabled in committee: PE740.731
- Amendments tabled in committee: PE740.732
- Amendments tabled in committee: PE740.733
- Amendments tabled in committee: PE740.760
- Committee opinion: PE738.514
- Committee opinion: PE737.400
- Coreper letter confirming interinstitutional agreement: GEDA/A/(2024)000137
- Text agreed during interinstitutional negotiations: PE758.076
Activities
- Seán KELLY
Plenary Speeches (0)
- Peter LIESE
Plenary Speeches (0)
- Alessandra MORETTI
Plenary Speeches (0)
- Stanislav POLČÁK
Plenary Speeches (0)
- Maria SPYRAKI
Plenary Speeches (0)
- Róża THUN UND HOHENSTEIN
Plenary Speeches (0)
- Anna CAVAZZINI
Plenary Speeches (0)
- Erik BERGKVIST
Plenary Speeches (0)
- Silvia SARDONE
Plenary Speeches (0)
- Jessica POLFJÄRD
Plenary Speeches (0)
- David CORMAND
Plenary Speeches (0)
- Ivars IJABS
Plenary Speeches (0)
- Marc ANGEL
Plenary Speeches (0)
- Sara MATTHIEU
Plenary Speeches (0)
- Malte GALLÉE
Plenary Speeches (0)
- Marina MESURE
Plenary Speeches (0)
- Beatrice COVASSI
Plenary Speeches (0)
Amendments | Dossier |
520 |
2022/0095(COD)
2022/12/02
ITRE
144 amendments...
Amendment 100 #
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 #
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 #
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 Amendment 105 #
Proposal for a regulation Article 5 – paragraph 6 – introductory part 6. The Commission shall
Amendment 106 #
Proposal for a regulation Article 5 – paragraph 6 – point a (a) provide, upon request, manufacturers, notified bodies and competent national authorities with
Amendment 107 #
Proposal for a regulation Article 5 – paragraph 6 – point a (a) provide, upon request
Amendment 108 #
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
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 Amendment 114 #
Proposal for a regulation Article 7 – paragraph 6 – subparagraph 2 – point f 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 #
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
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 #
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 #
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
Amendment 125 #
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 #
Proposal for a regulation Article 12 – paragraph 1 – subparagraph 1 The Commission shall set up and maintain a registry storing
Amendment 128 #
Proposal for a regulation Article 12 – paragraph 1 – subparagraph 2 Amendment 129 #
Proposal for a regulation Article 12 – paragraph 2 – introductory part 2.
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
Amendment 134 #
Proposal for a regulation Article 16 – paragraph 1 – point c (c)
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
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 #
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
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
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
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 #
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’.
Amendment 143 #
Proposal for a regulation Article 18 – paragraph 1 1. T
Amendment 144 #
Proposal for a regulation Article 18 – paragraph 3 – subparagraph 1 – introductory part The Commission shall assess the proposed self-regulation measure, and
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 quick
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
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
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
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 #
Proposal for a regulation Article 19 – paragraph 1 1. In the context of programmes from which SMEs can benefit, the Commission shall
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 Amendment 156 #
Proposal for a regulation Article 20 – paragraph 1 – subparagraph 2 Amendment 157 #
Proposal for a regulation Article 20 – paragraph 3 Amendment 158 #
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 Amendment 161 #
Proposal for a regulation Article 31 – paragraph 2 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,
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 #
Proposal for a regulation Article 58 – paragraph 1 1. Requirements pursuant to Article 4, third subparagraph, point (h) for public
Amendment 167 #
Proposal for a regulation Article 69 – paragraph 1 No
Amendment 168 #
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
Amendment 170 #
Proposal for a regulation Annex I – paragraph 1 – point n (n) microplastic release
Amendment 171 #
Proposal for a regulation Annex VII – paragraph 1 The following non-exhaustive list of indicative criteria
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 #
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 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
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
Amendment 33 #
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,
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
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,
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-
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 to
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
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.
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
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
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
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
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 #
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 #
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) Amendment 50 #
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 #
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 or other scientifically validated and verifiable lifecycle based standards;
Amendment 53 #
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 #
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 (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
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
Amendment 59 #
Proposal for a regulation Article 2 – paragraph 1 – point 59 (59) ‘product presenting a serious risk’ means a product presenting a risk
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
Amendment 62 #
Proposal for a regulation Article 4 – paragraph 3 – point b Amendment 63 #
Proposal for a regulation Article 4 – paragraph 3 – point c 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 #
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
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 #
Proposal for a regulation Article 4 – paragraph 3 a (new) 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 #
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
Amendment 74 #
Proposal for a regulation Article 5 – paragraph 1 – point k (k) possibility of remanufacturing
Amendment 75 #
Proposal for a regulation Article 5 – paragraph 1 – point k a (new) (k a) recyclability and ease of recycling;
Amendment 76 #
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 #
Proposal for a regulation Article 5 – paragraph 1 – point n b (new) (n b) due diligence criteria;
Amendment 79 #
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 #
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
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
Amendment 85 #
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 #
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
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,
Amendment 93 #
Proposal for a regulation Article 5 – paragraph 5 – point d (d) there shall be no disproportionate negative impact on the competitiveness of economic actors,
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,
Amendment 95 #
Proposal for a regulation Article 5 – paragraph 5 – point d (d)
Amendment 96 #
Proposal for a regulation Article 5 – paragraph 5 – point d (d) there shall be no
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)
Amendment 99 #
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
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
Amendment 103 #
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
Amendment 105 #
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
Amendment 106 #
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 improv
Amendment 107 #
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 ,
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 #
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
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 ,
Amendment 114 #
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
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 ,
Amendment 116 #
(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 ecodes
Amendment 117 #
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 #
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 #
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
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
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)
Amendment 123 #
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
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 #
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
Amendment 126 #
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
Amendment 127 #
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
Amendment 128 #
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
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 #
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-
Amendment 131 #
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
Amendment 132 #
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
Amendment 134 #
Proposal for a regulation Recital 29 Amendment 135 #
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
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.
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
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
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.
Amendment 141 #
Proposal for a regulation Recital 39 (39) To drive consumers towards more sustainable choices, labels should, when required by the delegated acts adopted
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
Amendment 143 #
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 th
Amendment 145 #
Proposal for a regulation Recital 43 (43)
Amendment 146 #
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
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.
Amendment 148 #
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 #
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 #
Proposal for a regulation Recital 57 b (new) Amendment 152 #
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-
Amendment 153 #
Proposal for a regulation Recital 87 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 #
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
Amendment 156 #
Proposal for a regulation Recital 105 a (new) 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
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’)
Amendment 161 #
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 #
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 #
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
Amendment 167 #
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
Amendment 169 #
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 #
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 #
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 #
Proposal for a regulation Article 2 – paragraph 1 – point 18 (18) ‘refurbishment’ means
Amendment 173 #
Proposal for a regulation Article 2 – paragraph 1 – point 18 (18)
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
Amendment 175 #
Proposal for a regulation Article 2 – paragraph 1 – point 20 (20) ‘repair’ means
Amendment 176 #
Proposal for a regulation Article 2 – paragraph 1 – point 20 (20) ‘repair’ means returning a defective product
Amendment 177 #
Proposal for a regulation Article 2 – paragraph 1 – point 21 (21) ‘durability’ means the ability of a product to function a
Amendment 178 #
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
Amendment 180 #
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 (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 182 #
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 remanufactures and companies who repair, and upgrade products;
Amendment 183 #
Proposal for a regulation Article 2 – paragraph 1 – point 46 a (new) 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
Amendment 186 #
Proposal for a regulation Article 2 – paragraph 1 – point 53 (53) ‘conformity assessment body’ means a
Amendment 187 #
Proposal for a regulation Article 2 – paragraph 1 – point 55 (55) ‘provider of an online marketplace’ means a provider of an
Amendment 188 #
Proposal for a regulation Article 2 – paragraph 1 – point 55 (55) ‘online marketplace’ means a provider of an intermediary service using
Amendment 189 #
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 Amendment 191 #
Proposal for a regulation Article 2 – paragraph 1 – point 59 Amendment 192 #
Proposal for a regulation Article 2 – paragraph 1 – point 59 (59) ‘product presenting a serious risk’ means a product presenting a risk
Amendment 193 #
Proposal for a regulation Article 2 – paragraph 1 – point 59 (59) ‘product presenting a serious risk’ means a product presenting a risk
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 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
Amendment 201 #
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
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
Amendment 203 #
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
Amendment 204 #
Proposal for a regulation Article 3 – paragraph 4 Amendment 205 #
Proposal for a regulation Article 3 – paragraph 4 Amendment 206 #
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
Amendment 209 #
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 Amendment 212 #
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
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 (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 217 #
Proposal for a regulation Article 4 – paragraph 3 – point e (e) requiring
Amendment 218 #
Proposal for a regulation Article 4 – paragraph 3 – point f 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 #
Proposal for a regulation Article 4 – paragraph 3 – point h 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 #
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 #
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 1. The Commission shall, as appropriate to the relevant product groups and with due consideration for all stages of
Amendment 228 #
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 one or more of the following product aspects:
Amendment 230 #
Proposal for a regulation Article 5 – paragraph 1 – point f (f) possibility of maintenance
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 #
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 #
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 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 #
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 #
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
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
Amendment 252 #
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 #
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
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 #
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
Amendment 260 #
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 #
Proposal for a regulation Article 5 – paragraph 8 8. The Commission shall publish
Amendment 262 #
Proposal for a regulation Article 5 – paragraph 8 a (new) Amendment 263 #
Proposal for a regulation Article 5 a (new) Amendment 264 #
Proposal for a regulation Article 6 – paragraph 2 – point c (c) requirements related to the functional performance of a product as well as the sustainability of that performance.
Amendment 265 #
Proposal for a regulation Article 7 – paragraph 2 – point b – paragraph 1 – introductory part as appropriate, require products to be
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 #
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 #
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
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;
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 #
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 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 prior to the purchase of a product.
Amendment 278 #
Proposal for a regulation Article 7 – paragraph 7 a (new) Amendment 279 #
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 #
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)
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 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
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 #
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,
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 #
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,
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)
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 #
Proposal for a regulation Article 8 – paragraph 3 – point c (c) (d new) improve traceability of products along the value chain
Amendment 303 #
Proposal for a regulation Article 8 – paragraph 3 – point c (c) improve traceability of products and production processes and conditions along the value chain.
Amendment 304 #
Proposal for a regulation Article 8 – paragraph 3 – point c (c) improve traceability of products along the value chain
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 #
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 (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 Directive; or
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 #
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
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
Amendment 320 #
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 secrets and proprietary information;
Amendment 321 #
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
Amendment 322 #
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 #
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
Amendment 327 #
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 #
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
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) Amendment 333 #
Proposal for a regulation Article 12 – paragraph 1 – subparagraph 1 The Commission shall set up and maintain a registry storing
Amendment 334 #
Proposal for a regulation Article 12 – paragraph 1 – subparagraph 2 Amendment 335 #
Proposal for a regulation Article 12 – paragraph 2 – introductory part 2.
Amendment 336 #
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 #
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 #
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 #
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
Amendment 342 #
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
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
Amendment 344 #
Proposal for a regulation Article 20 – paragraph 3 – subparagraph 2 – point a (a) health and safety concerns
Amendment 345 #
Proposal for a regulation Article 20 – paragraph 3 – subparagraph 2 – point a (a) health
Amendment 346 #
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 #
Amendment 349 #
Proposal for a regulation Article 20 – paragraph 3 – subparagraph 2 – point b Amendment 350 #
Proposal for a regulation Article 20 – paragraph 3 – subparagraph 2 – point c 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
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
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
Amendment 358 #
Proposal for a regulation Article 21 – paragraph 7 7. Manufacturers shall ensure that that
Amendment 359 #
Proposal for a regulation Article 21 – paragraph 7 7. Manufacturers shall ensure that
Amendment 360 #
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 #
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
Amendment 364 #
Proposal for a regulation Article 21 – paragraph 8 – subparagraph 2 Manufacturer shall
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
Amendment 367 #
Proposal for a regulation Article 22 – paragraph 1 – subparagraph 1 Amendment 368 #
Proposal for a regulation Article 22 – paragraph 2 – point d (d) further to a request from a competent national authority, make available
Amendment 369 #
Proposal for a regulation Article 23 – paragraph 1 Amendment 370 #
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
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
Amendment 373 #
Proposal for a regulation Article 23 – paragraph 6 – subparagraph 2 Importers shall i
Amendment 374 #
Proposal for a regulation Article 23 – paragraph 7 7. Importers shall, for
Amendment 375 #
Proposal for a regulation Article 23 – paragraph 7 a (new) 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
Amendment 377 #
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-
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,
Amendment 379 #
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
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 #
Proposal for a regulation Article 25 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 #
Proposal for a regulation Article 25 a (new) Amendment 385 #
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
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 #
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
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 #
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 #
Proposal for a regulation Article 29 – title Obligations of online marketplaces
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 Amendment 397 #
Proposal for a regulation Article 29 – paragraph 1 – point e Amendment 398 #
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 #
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 #
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
Amendment 404 #
Proposal for a regulation Article 29 – paragraph 2 – subparagraph 2 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
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
Amendment 407 #
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.
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 #
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
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 #
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 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 #
Proposal for a regulation Article 29 – paragraph 5 – subparagraph 2 Amendment 417 #
Proposal for a regulation Article 29 – paragraph 5 – subparagraph 2 a (new) Amendment 418 #
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 #
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 #
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.
Amendment 422 #
Proposal for a regulation Article 30 – paragraph 1 – point a Amendment 423 #
Proposal for a regulation Article 30 – paragraph 1 – point b Amendment 424 #
Proposal for a regulation Article 30 – paragraph 1 – point c Amendment 425 #
Proposal for a regulation Article 30 – paragraph 2 – subparagraph 2 Economic operators shall be able to provide this information for
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, manufacture
Amendment 427 #
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
Amendment 428 #
Proposal for a regulation Article 30 – paragraph 3 – subparagraph 1 – introductory part Amendment 429 #
Proposal for a regulation Article 30 – paragraph 3 – subparagraph 1 a (new) Amendment 430 #
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 #
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
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 Amendment 439 #
Proposal for a regulation Article 33 – paragraph 4 – subparagraph 1 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
Amendment 442 #
Proposal for a regulation Article 35 Amendment 443 #
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
Amendment 444 #
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 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 Amendment 447 #
Proposal for a regulation Article 39 – paragraph 4 4. The CE marking
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 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 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
Amendment 457 #
Proposal for a regulation Article 58 – paragraph 2 Amendment 458 #
Proposal for a regulation Article 58 – paragraph 2 – point a Amendment 459 #
Proposal for a regulation Article 58 – paragraph 2 – point b Amendment 460 #
Proposal for a regulation Article 58 – paragraph 2 – point c 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 #
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 #
Proposal for a regulation Article 59 – paragraph 2 – point b (b) the environmental and social impacts of non-
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 #
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 #
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 #
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 #
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 #
Proposal for a regulation Article 68 a (new) Amendment 471 #
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
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 #
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,
Amendment 474 #
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 #
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 #
Proposal for a regulation Annex III – paragraph 1 a (new) information on the location of the various manufacturing stages;
source: 739.577
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