REPORT on 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

22.6.2023 - (COM(2022)0142 – C9‑0132/2022 – 2022/0095(COD)) - ***I

Committee on the Environment, Public Health and Food Safety
Rapporteur: Alessandra Moretti


Procedure : 2022/0095(COD)
Document stages in plenary

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

on 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

(COM(2022)0142 – C9‑0132/2022 – 2022/0095(COD))

(Ordinary legislative procedure: first reading)

The European Parliament,

 having regard to the Commission proposal to Parliament and the Council (COM(2022)0142),

 having regard to Article 294(2) and Article 114 of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C9‑0132/2022),

 having regard to Article 294(3) of the Treaty on the Functioning of the European Union,

 having regard to the opinion of the European Economic and Social Committee of 14 July 2022[1],

 having regard to Rule 59 of its Rules of Procedure,

 having regard to the opinions of the Committee on the Internal Market and Consumer Protection and the Committee on Industry, Research and Energy,

 having regard to the report of the Committee on the Environment, Public Health and Food Safety (A9-0218/2023),

1. Adopts its position at first reading hereinafter set out;

2.  Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal;

3. Instructs its President to forward its position to the Council, the Commission and the national parliaments.

 


Amendment  1

 

Proposal for a regulation

Recital 1

 

Text proposed by the Commission

Amendment

(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. It sets the ambitious objective of ensuring that the Union becomes the first climate neutral continent by 2050. It recognises the advantages of investing in the Union’s competitive sustainability by building a fairer, greener and more digital Europe. Products have a pivotal role to play in this green transition. Underlining that current production processes and consumption patterns remain too linear and dependent on a throughput of new materials extracted, traded and processed goods and finally disposed of as waste or emissions, the European Green Deal emphasises the urgent need to transition to a circular economy model and stresses the significant progress that remains to be made. It also identifies energy efficiency as a priority for the decarbonisation of the energy sector and for reaching the climate objectives in 2030 and 2050.

(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 and toxic-free environment. It sets the ambitious objective of ensuring that the Union becomes the first climate neutral continent by 2050. It recognises the advantages of investing in the Union’s competitive sustainability by building a fairer, greener and more digital Europe. Products have a pivotal role to play in this green transition. Underlining that current production processes and consumption patterns remain too linear and dependent on a throughput of new materials extracted, traded and processed goods and finally disposed of as waste or emissions, the European Green Deal emphasises the urgent need to transition to a circular economy model and stresses the significant progress that remains to be made. It also identifies energy efficiency as a priority for the decarbonisation of the energy sector and for reaching the climate objectives in 2030 and 2050.

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25 Communication from the Commission to the European Parliament, the European Council, the Council, the European Economic and Social Committee and the Committee of the Regions The European Green Deal COM(2019)640 final.

25 Communication from the Commission to the European Parliament, the European Council, the Council, the European Economic and Social Committee and the Committee of the Regions The European Green Deal COM(2019)640 final.

Amendment  2

 

Proposal for a regulation

Recital 2

 

Text proposed by the Commission

Amendment

(2) To accelerate the transition to a circular economy model, the Commission designed a future-oriented agenda in its Circular Economy Action Plan for a cleaner and more competitive Europe26 (CEAP), with the objective of making the regulatory framework fit for a sustainable future. As set out in this plan, there is currently no comprehensive set of requirements to ensure that all products placed on the Union market become increasingly sustainable and stand the test of circularity. In particular, product design does not sufficiently promote sustainability over the whole life cycle. As a result, products are being replaced frequently, involving significant energy and resource use in order to produce and distribute new products and dispose of old ones. It is still too difficult for economic operators and citizens to make sustainable choices in relation to products given that relevant information and affordable options to do so are lacking. This leads to missed opportunities for sustainability and for value-retaining operations, limited demand for secondary materials and obstacles to the adoption of circular business models.

(2) To accelerate the transition to a circular economy model, the Commission designed a future-oriented agenda in its Circular Economy Action Plan for a cleaner and more competitive Europe26 (CEAP), with the objective of making the regulatory framework fit for a sustainable future. The plan underlines that, for citizens, the circular economy will provide high-quality, functional and safe products, which are efficient and affordable, last longer and are designed for reuse, repair, and high-quality recycling. As set out in this plan, there is currently no comprehensive set of requirements to ensure that all products placed on the Union market become increasingly sustainable and stand the test of circularity. In particular, product design does not sufficiently promote sustainability over the whole life cycle. As a result, products are being replaced frequently, involving significant energy and resource use in order to produce and distribute new products and dispose of old ones. It is still too difficult for economic operators and citizens to make sustainable choices in relation to products given that relevant information and affordable options to do so are lacking. This leads to missed opportunities for sustainability and for value-retaining operations, limited demand for secondary materials and obstacles to the adoption of circular business models.

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26 Communication from the Commission to the European Parliament, the European Council, the Council, the European Economic and Social Committee and the Committee of the Regions A new Circular Economy Action Plan For a cleaner and more competitive Europe COM(2020)98 final.

26 Communication from the Commission to the European Parliament, the European Council, the Council, the European Economic and Social Committee and the Committee of the Regions A new Circular Economy Action Plan For a cleaner and more competitive Europe COM(2020)98 final.

Amendment  3

 

Proposal for a regulation

Recital 3 a (new)

 

Text proposed by the Commission

Amendment

 

(3a) Secure and sufficient availability of critical raw materials is key for a successful European twin transition while ensuring a competitive European industry. It is important that comprehensive information requirements on materials, including on critical raw materials, on products placed on the Union market be laid down in order to deliver on the approach outlined in the communication of the Commission of 3 September 2020 on Critical Raw Materials Resilience: Charting a Path towards greater Security and Sustainability 1a and the resolution of the European Parliament of 24 November 2021 on a European strategy for critical raw materials 1b.

 

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1a Commission communication of 3 September 2020 entitled ‘Critical Raw Materials Resilience: Charting a Path towards greater Security and Sustainability’ (COM (2020)0474)

 

1b P9_TA(2021)0468

Amendment  4

 

Proposal for a regulation

Recital 4

 

Text proposed by the Commission

Amendment

(4) In the absence of legislation at Union level, diverging national approaches to improving the environmental sustainability of products have already emerged, ranging from information requirements on the duration of software compatibility of electronic devices to reporting obligations on handling unsold durable goods. This is an indication that further national efforts to achieve the aims pursued by this Regulation will likely lead to further fragmentation of the internal market. Therefore, in order to safeguard the functioning of the internal market while ensuring a high level of environmental protection, there is a need for a regulatory framework to progressively introduce ecodesign requirements for products. 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.

(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.

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29 Directive 2009/125/EC of the European Parliament and of the Council of 21 October 2009 establishing a framework for the setting of ecodesign requirements for energy-related products (Text with EEA relevance) (OJ L 285, 31.10.2009, p. 10).

29 Directive 2009/125/EC of the European Parliament and of the Council of 21 October 2009 establishing a framework for the setting of ecodesign requirements for energy-related products (Text with EEA relevance) (OJ L 285, 31.10.2009, p. 10).

Amendment  5

 

Proposal for a regulation

Recital 5

 

Text proposed by the Commission

Amendment

(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.

(5) This Regulation will support production and consumption patterns that are aligned with the Union’s overall sustainability targets, including climate, environmental, energy, resource-use and biodiversity, while staying within planetary boundaries, by establishing a legislative framework which contributes to enabling products fit for a climate-neutral, resource-efficient and circular economy, reducing waste and ensuring that the performance of frontrunners in sustainability progressively becomes the norm. It should provide for the setting of new ecodesign requirements to improve product durability, reusability, upgradability, recyclability, and repairability, 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  6

 

Proposal for a regulation

Recital 5 a (new)

 

Text proposed by the Commission

Amendment

 

(5a) Practices making products prematurely obsolete or non-functional are negatively affecting consumers, and have a negative impact on the environment due to the increased material use in our economy. To ensure that products have a long lifespan for consumers, to reduce the generation of waste and to contribute to sustainable consumption, this Regulation should address such practices, in particular when they are the result of design choices by manufacturers, when software updates or accessories are not provided within an appropriate period of time, or when the functionality of a product is limited when consumers use consumables, spare parts or accessories not provided by the original manufacturer. As reparability is a cornerstone of a long lifespan for products, the Regulation should also ensure that disassembly of key components is not impeded, and access to repair information and spare parts is not limited to authorised repairers.

Amendment  7

 

Proposal for a regulation

Recital 6

 

Text proposed by the Commission

Amendment

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

(6) The European Parliament, in its Resolution of 25 November 2020 ‘Towards a more sustainable single market for business and consumers’30, called for setting a right framework to ensure the production of durable products which are easier to repair, re-use and recycle, while providing increased rights for consumers, including information requirements and longer legal guarantee periods. In its report on the New Circular Economy Action Plan adopted on 16 February 202131, the European Parliament underlined that sustainable, circular, safe and non-toxic products and materials should become the norm in the Union market and not the exception and should be seen as the default choice, which is attractive, affordable and accessible for all consumers. The European Parliament also called for Union binding targets to significantly reduce Union material and consumption footprints. It considered that the transition to a circular economy can provide solutions to address the current environmental challenges and the economic crisis brought on by the COVID-19 pandemic. The Council, in its conclusions on ‘Making the Recovery Circular and Green’ adopted on 11 December 202032, also welcomed the Commission’s intention to submit legislative proposals as part of a comprehensive and integrated sustainable product policy framework that promotes climate neutrality, energy and resource efficiency and a non-toxic circular economy, protects public health and biodiversity, and empowers and protects consumers and public buyers.

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30 P9_TA(2020)0318.

30 P9_TA(2020)0318.

31 P9_TA(2021)0040.

31 P9_TA(2021)0040.

32 13852/20.

32 13852/20.

Amendment  8

 

Proposal for a regulation

Recital 8

 

Text proposed by the Commission

Amendment

(8) This Regulation should also contribute to achieving the Union’s wider environmental objectives. The 8th Environmental Action Programme38 enshrines in a legal framework the Union’s objective of staying within the planetary boundaries and identifies enabling conditions to achieve priority objectives, which include the transition to a non-toxic circular economy. The European Green Deal also calls for the Union to better monitor, report, prevent and remedy air, water, soil and consumer products pollution. This means that chemicals, materials and products have to be as safe and sustainable as possible by design and during their life cycle, leading to non-toxic material cycles39 . In addition, both the European Green Deal and the CEAP recognise that the Union internal market provides a critical mass that is able to influence global standards on product sustainability and product design. This Regulation should therefore play a significant role towards achieving several targets established under the United Nations’ Sustainable Development Goals of the UN’s 2030 Agenda for Sustainable Development ‘Responsible consumption and production’40 , both inside and outside the Union.

(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 or become safe and sustainable by design and during their life cycle, leading to non-toxic material cycles39 . In addition, both the European Green Deal and the CEAP recognise that the Union internal market provides a critical mass that is able to influence global standards on product sustainability and product design. This Regulation should therefore play a significant role towards achieving several targets established under the United Nations’ Sustainable Development Goals of the UN’s 2030 Agenda for Sustainable Development ‘Responsible consumption and production’40 , both inside and outside the Union.

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38 Decision (EU) 2022/…. of the European Parliament and of the Council of … on a General Union Environment Action Programme to 2030 [Add reference when published in OJ – trilogue agreement 2 December 2021].

38 Decision (EU) 2022/…. of the European Parliament and of the Council of … on a General Union Environment Action Programme to 2030 [Add reference when published in OJ – trilogue agreement 2 December 2021].

39 As set out in the EU Action Plan Towards zero pollution for air, water and soil (COM(2021)400 final) and the Chemicals Strategy for Sustainability (COM(2020)667 final), which calls for embracing the zero pollution goals in production and consumption.

39 As set out in the EU Action Plan Towards zero pollution for air, water and soil (COM(2021)400 final) and the Chemicals Strategy for Sustainability (COM(2020)667 final), which calls for embracing the zero pollution goals in production and consumption.

40 Including in particular targets under SDG 12 (“Responsible consumption and production”).

40 Including in particular targets under SDG 12 (“Responsible consumption and production”).

Amendment  9

 

Proposal for a regulation

Recital 12 a (new)

 

Text proposed by the Commission

Amendment

 

(12a) The second-hand sector plays a specific role in promoting sustainable production and consumption, including in the development of new circular business models. Due to the specificities of this sector, which is based on prolonging the lifetime of a product and avoiding it becoming waste, second-hand products, in particular products that undergo refurbishment or repair, originating from within the Union should not be considered as new products that are placed on the market or put into service and should therefore not have to comply with ecodesign requirements Second-hand products imported from third countries should comply with ecodesign requirements, but it should be possible to exempt them provided that certain conditions are met.

Amendment  10

 

Proposal for a regulation

Recital 13

 

Text proposed by the Commission

Amendment

(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.

(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. It is important that horizontal requirements be developed in particular on durability and repairability. Sufficient time should be provided to economic operators to adjust to new ecodesign requirements. Those horizontal requirements should take into account potential environmental benefits stemming from the use of one common charger for several products. Therefore, product groups with technical similarities should be required to be equipped with common chargers.

Amendment  11

 

Proposal for a regulation

Recital 14

 

Text proposed by the Commission

Amendment

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

(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 relevant product aspects concerning environmental sustainability, such as energy efficiency, durability, repairability, reusability, recyclability, and carbon and environmental footprints. Ecodesign requirements should be transparent, objective, proportionate and in compliance with international trade rules. Those requirements should also be based on the product parameters referred to in Annex I and, in setting them, the Commission should take into account the Union’s objectives in the fields of climate, environment and biodiversity, energy efficiency and resource security. Such requirements should contribute to decreasing the Union’s environmental, material and consumption footprints in order to bring them within planetary boundaries as soon as possible.

Amendment  12

 

Proposal for a regulation

Recital 15

 

Text proposed by the Commission

Amendment

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

(15) Once a delegated act setting ecodesign requirements is adopted by the Commission for a given product group, Member States should, in order to ensure the functioning of the internal market, no longer be allowed to set national performance requirements based on product parameters covered by such performance requirements laid down in that delegated act, and no longer be allowed to set national information requirements based on product parameters covered by such information requirements laid down in that delegated act. In order to ensure the functioning of the internal market, the Commission should be empowered to establish that no ecodesign requirements in the form of performance requirements and/or in the form of information requirements are necessary in relation to a specific product parameter. It is important that the Commission duly justify its decision where it decides not to lay down performance or information requirements.

Amendment  13

 

Proposal for a regulation

Recital 17

 

Text proposed by the Commission

Amendment

(17) To avoid duplication of efforts and regulatory burden, consistency should be ensured between this Regulation and requirements set in or pursuant to other Union legislation, especially products, chemicals and waste legislation51 . However, the existence of empowerments under other Union legislation to set requirements with the same or similar effects as requirements under this Regulation does not limit the empowerments included in this Regulation, unless specified in this Regulation.

(17) Consistency should be ensured between this Regulation and requirements set in or pursuant to other Union legislation, especially products, chemicals, packaging and waste legislation51. However, the existence of empowerments under other Union legislation to set requirements with the same or similar effects as requirements under this Regulation does not limit the empowerments included in this Regulation, unless specified in this Regulation.

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51 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions on the implementation of the circular economy package - options to address the interface between chemical, product and waste legislation (COM(2018) 32 final).

51 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions on the implementation of the circular economy package - options to address the interface between chemical, product and waste legislation (COM(2018) 32 final).

Amendment  14

 

Proposal for a regulation

Recital 19

 

Text proposed by the Commission

Amendment

(19) In order to take into account the diversity of products, the Commission should select the methods to assess the setting of the ecodesign requirements and, as appropriate, develop them further based on the nature of the product, its most relevant aspects and its impacts over its life cycle. In doing so, the Commission should take account of its experience in assessing the setting of requirements under Directive 2009/125/EC and the continuing efforts to develop and improve science-based assessment tools, such as the update of the methodology for ecodesign of energy-related products, and the Product Environmental Footprint method set out in Commission Recommendation (EU) 2021/227956 , including as regards temporary storage of carbon, as well as the development of standards by international and European standardisation organisations, including on the material efficiency of energy-related products. Building on these tools and using dedicated studies when needed, the Commission should further reinforce circularity aspects (such as durability, reparability including reparability scoring, identification of chemicals hindering re-use and recycling) in the assessment of products and in the preparation of ecodesign requirements, and should develop new methods or tools where appropriate. New approaches may also be needed for the preparation of mandatory public procurement criteria and for bans on the destruction of unsold consumer products.

(19) In order to take into account the diversity of products, the Commission should select the methods to assess the setting of the ecodesign requirements and, as appropriate, develop them further based on the nature of the product, its most relevant aspects and its impacts over its life cycle. In doing so, the Commission should take account of its experience in assessing the setting of requirements under Directive 2009/125/EC and the continuing efforts to develop and improve science-based assessment tools, such as the update of the methodology for ecodesign of energy-related products, and the Product Environmental Footprint method set out in Commission Recommendation (EU) 2021/227956 , including as regards temporary storage of carbon, as well as the development of standards by international and European standardisation organisations, including on the material efficiency of energy-related products, as well as the area of electrical engineering. Building on these tools and using dedicated studies when needed, the Commission should further reinforce circularity aspects (such as durability, repairability including repairability scoring, recyclability, reusability, identification of chemicals hindering re-use and recycling) in the assessment of products, in accordance with a lifecycle approach with a view to the preparation of ecodesign requirements, and should develop new methods or tools where appropriate. New approaches may also be needed for the preparation of mandatory public procurement criteria and for bans on the destruction of unsold consumer products.

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56 Commission Recommendation (EU) 2021/2279 of 15 December 2021 on the use of the Environmental Footprint methods to measure and communicate the life cycle environmental performance of products and organisations.

56 Commission Recommendation (EU) 2021/2279 of 15 December 2021 on the use of the Environmental Footprint methods to measure and communicate the life cycle environmental performance of products and organisations.

Amendment  15

 

Proposal for a regulation

Recital 20

 

Text proposed by the Commission

Amendment

(20) Performance requirements should relate to a selected product parameter relevant to the targeted product aspect for which potential for improving environmental sustainability has been identified. Such requirements may include minimum or maximum levels of performance in relation to the product parameter, non-quantitative requirements that aim to improve performance in relation to the product parameter, or requirements related to a product’s functional performance to ensure that the selected performance requirements do not negatively impact the ability of the product to perform the function for which it was designed and marketed. Regarding minimum or maximum levels, they may for example take the form of a limit on energy consumption in the use phase or on the quantities of a given material incorporated in the product, a requirement for minimum quantities of recycled content, or a limit on a specific environmental impact category or on an aggregation of all relevant environmental impacts. An example of a non-quantitative requirement is the prohibition of a specific technical solution that is detrimental to product reparability. Performance requirements will be used to ensure the removal of the worst performing products from the market where this is necessary to contribute to the environmental sustainability objectives of the Regulation.

(20) Performance requirements should relate to a selected product parameter relevant to the targeted product aspect for which potential for improving environmental sustainability has been identified. Such requirements may include minimum or maximum levels of performance in relation to the product parameter, non-quantitative requirements that aim to improve performance in relation to the product parameter, or requirements related to a product’s functional performance to ensure that the selected performance requirements do not negatively impact the ability of the product to perform the function for which it was designed and marketed. Regarding minimum or maximum levels, they may for example take the form of a limit on energy consumption in the use phase or on the quantities of a given material incorporated in the product, a requirement for minimum quantities of recycled content while taking into consideration the availability of recyclates, or a limit on a specific environmental impact category or on an aggregation of all relevant environmental impacts. An example of a non-quantitative requirement is the prohibition of a specific technical solution that is detrimental to product repairability. Performance requirements will be used to ensure the removal of the worst performing products from the market and to gradually move to the best performing products where this is necessary to contribute to the environmental sustainability objectives of the Regulation. This Regulation should also consider the use of sustainably-sourced renewable materials in products and address the release of nano- and micro-plastics.

Amendment  16

 

Proposal for a regulation

Recital 22

 

Text proposed by the Commission

Amendment

(22) Chemical safety is a recognised element of product sustainability. It is based on chemicals’ intrinsic hazards to health or the environment in combination with specific or generic exposure, and is addressed by chemicals legislation, such as Regulation (EC) No 1935/2004 of the European Parliament and of the Council58 , Regulation (EC) No 1907/2006 of the European Parliament and of the Council59 , Regulation (EC) No 1223/2009 of the European Parliament and of the Council60 , Regulation (EU) 2017/745 of the European Parliament and of the Council61 and Directive 2009/48/EC of the European Parliament and of the Council62 . This Regulation should not enable the restriction of substances based on chemical safety, as done under other Union legislation. Similarly, this Regulation should not enable the restriction of substances for reasons related to food safety. Union law on chemicals and food, however, does not allow addressing, through restrictions on certain substances, impacts on sustainability that are unrelated to chemical safety or food safety. To overcome this limitation, this Regulation should allow, under certain conditions, for the restriction, primarily for reasons other than chemical or food safety, of substances present in products or used in their manufacturing processes which negatively affect products’ sustainability. This Regulation also should not result in the duplication or replacement of restrictions of substances covered by Directive 2011/65/EU of the European Parliament and of the Council63 , which has as its objective the protection of human health and the environment, including the environmentally sound recovery and disposal of waste from electrical and electronic equipment

(22) Chemical safety is a recognised element of product sustainability. It is based on chemicals’ intrinsic hazards to health or the environment in combination with specific or generic exposure, and is addressed by chemicals legislation, such as Regulation (EC) No 1935/2004 of the European Parliament and of the Council58, Regulation (EC) No 1907/2006 of the European Parliament and of the Council59, Regulation (EC) No 1223/2009 of the European Parliament and of the Council60, Regulation (EU) 2017/745 of the European Parliament and of the Council61 and Directive 2009/48/EC of the European Parliament and of the Council62. This Regulation should not enable the restriction of substances based on chemical safety, as done under other Union legislation, unless there is an unacceptable risk to human health or the environment, arising from the use of a substance present in the product or product component when it is placed on the market or during the subsequent stages of its lifecycle. This Regulation should not enable the restriction of substances for reasons related to food safety. Union law on chemicals and food, however, does not allow addressing, through restrictions on certain substances, impacts on sustainability that are unrelated to chemical safety or food safety. To overcome this limitation, this Regulation should allow, under certain conditions, for the restriction, of substances present in products which negatively affect products’ sustainability. This Regulation should complement, where necessary, but not result in the duplication or replacement of restrictions of substances covered by Directive 2011/65/EU of the European Parliament and of the Council63, which has as its objective the protection of human health and the environment, including the environmentally sound recovery and disposal of waste from electrical and electronic equipment.

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58 Regulation (EC) No 1935/2004 of the European Parliament and of the Council of 27 October 2004 on materials and articles intended to come into contact with food and repealing Directives 80/590/EEC and 89/109/EEC (OJ L 338, 13.11.2004, p. 4).

58 Regulation (EC) No 1935/2004 of the European Parliament and of the Council of 27 October 2004 on materials and articles intended to come into contact with food and repealing Directives 80/590/EEC and 89/109/EEC (OJ L 338, 13.11.2004, p. 4).

59 Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency, amending Directive 1999/45/EC and repealing Council Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC (OJ L 396, 30.12.2006, p. 1).

59 Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency, amending Directive 1999/45/EC and repealing Council Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC (OJ L 396, 30.12.2006, p. 1).

60 Regulation (EC) No 1223/2009 of the European Parliament and of the Council of 30 November 2009 on cosmetic products (OJ L 342, 22.12.2009, p. 59).

60 Regulation (EC) No 1223/2009 of the European Parliament and of the Council of 30 November 2009 on cosmetic products (OJ L 342, 22.12.2009, p. 59).

61 Regulation (EU) 2017/746 of the European Parliament and of the Council of 5 April 2017 on in vitro diagnostic medical devices and repealing Directive 98/79/EC and Commission Decision 2010/227/EU (OJ L 117, 5.5.2017, p. 176).

61 Regulation (EU) 2017/746 of the European Parliament and of the Council of 5 April 2017 on in vitro diagnostic medical devices and repealing Directive 98/79/EC and Commission Decision 2010/227/EU (OJ L 117, 5.5.2017, p. 176).

62 Directive 2009/48/EC of the European Parliament and of the Council of 18 June 2009 on the safety of toys (OJ L 170, 30.6.2009, p. 1).

62 Directive 2009/48/EC of the European Parliament and of the Council of 18 June 2009 on the safety of toys (OJ L 170, 30.6.2009, p. 1).

63 Directive 2011/65/EU of the European Parliament and of the Council of 8 June 2011 on the restriction of the use of certain hazardous substances in electrical and electronic equipment (OJ L 174, 1.7.2011, p. 88).

63 Directive 2011/65/EU of the European Parliament and of the Council of 8 June 2011 on the restriction of the use of certain hazardous substances in electrical and electronic equipment (OJ L 174, 1.7.2011, p. 88).

Amendment  17

 

Proposal for a regulation

Recital 23

 

Text proposed by the Commission

Amendment

(23) To improve environmental sustainability of products, information requirements should relate to a selected product parameter relevant to the product aspect, such as the product’s environmental footprint or its durability. They may require manufacturer to make available information on the product’s performance in relation to a selected product parameter or other information that may influence the way the product is handled by parties other than the manufacturer in order to improve performance in relation to such a parameter. Such information requirements should be set either in addition to, or in place of, performance requirements on the same product parameter as appropriate. Where a delegated act includes information requirements, it should indicate the method for making the required information available, such as its inclusion on a free-access website, product passport or product label. Information requirements are necessary to lead to the behavioural change needed to ensure that the environmental sustainability objectives of this Regulation are achieved. By providing a solid basis for purchasers and public authorities to compare products on the basis of their environmental sustainability, information requirements are expected to drive consumers and public authorities towards more sustainable choices.

(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 and its durability. They should require manufacturer to make available information on the product’s performance in relation to a selected product parameter or other information that may influence the way the product is handled by parties other than the manufacturer in order to improve performance in relation to such a parameter. Such information requirements should be set either in addition to, or in place of, performance requirements on the same product parameter as appropriate. It is important that the Commission duly justify its decision to only lay down information requirements instead of performance requirements. Where a delegated act includes information requirements, it should indicate the method for making the required information available and easily accessible, such as its inclusion on a free-access website, product passport or product label. Essential information relating to the health, safety and rights of end-users should always be provided to consumers by physical means and be accessible through a data carrier included on the product. Information requirements are necessary to lead to the behavioural change needed to ensure that the environmental sustainability objectives of this Regulation are achieved. Information relevant for an informed purchasing decision should be provided to the consumer prior to the purchase of the product. By providing a solid basis for purchasers and public authorities to compare products on the basis of their environmental sustainability, information requirements are expected to drive consumers and public authorities towards more sustainable choices.

Amendment  18

 

Proposal for a regulation

Recital 24

 

Text proposed by the Commission

Amendment

(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.

(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 without compromising functionality. As information requirements on the durability and repairability of products play a central role as regards consumers engaging in sustainable consumption patterns, this Regulation should enable the establishment of repairability scores.

Amendment  19

 

Proposal for a regulation

Recital 26

 

Text proposed by the Commission

Amendment

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

(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 relevant product, allow economic operators and other value chain actors, such as professional repairers, independent operators, refurbishers or recyclers to access relevant information and enable competent national authorities to perform their duties, without endangering the protection of confidential business information. 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 the 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  20

 

Proposal for a regulation

Recital 27

 

Text proposed by the Commission

Amendment

(27) To take account of the nature of the product and its market, the information to be included in the product passport should be carefully examined on a case-by-case basis when preparing product-specific rules. To optimise access to the resulting information while also protecting intellectual property rights, the product passport needs to be designed and implemented allowing differentiated access to the information included in the product passport depending on the type of information and the typology of stakeholders. Similarly, to avoid costs to companies and the public that are disproportionate to the wider benefits, the product passport should be specific to the item, batch or product model, depending on for example the complexity of the value chain, the size, nature or impacts of the products considered.

(27) To take account of the nature of the product and its market, the information to be included in the product passport should be carefully examined on a case-by-case basis when preparing product-specific rules, taking into consideration the cases of unique items and protection of confidential business information. To optimise access to the resulting information while also protecting intellectual property rights, the product passport needs to be designed and implemented allowing differentiated access to the information included in the product passport depending on the type of information and the typology of stakeholders. Similarly, to avoid costs to companies and the public that are disproportionate to the wider benefits, the product passport should be specific to the item, batch or product model, depending on for example the complexity of the value chain, the size, nature or impacts of the products considered. The product passport should remain available for at least the expected lifetime of a specific product, but with an adequate margin to ensure the product passport is available in cases in which the product lasts for longer than expected.

Amendment  21

 

Proposal for a regulation

Recital 28

 

Text proposed by the Commission

Amendment

(28) In order to ensure interoperability, the types of permitted data carriers should be specified. For the same reason, the data carrier and the unique product identifier should be released in accordance with internationally recognised standards. The power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission to amend this Regulation by replacing or adding standards in accordance with which the data carrier and the unique identifiers may be released, in light of technical or scientific progress. This should ensure that the information contained in the product passport can be recorded and transmitted by all economic operators, as well as to guarantee the compatibility of the unique identifier with external components such as scanning devices.

(28) In order to ensure interoperability, the types of permitted data carriers should be specified. For the same reason, the data carrier and the unique product identifier should be released in accordance with internationally recognised standards. The data should be transferable through an open interoperable data exchange network without vendor lock-in. The power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission to amend this Regulation by replacing or adding standards in accordance with which the data carrier and the unique identifiers may be released, in light of technical or scientific progress. This should ensure that the information contained in the product passport can be recorded and transmitted by all economic operators, as well as to guarantee the compatibility of the unique identifier with external components such as scanning devices.

Amendment  22

 

Proposal for a regulation

Recital 29

 

Text proposed by the Commission

Amendment

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

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

Amendment  23

 

Proposal for a regulation

Recital 33

 

Text proposed by the Commission

Amendment

(33) To ensure the effective roll-out of the product passport, technical design, data requirements and operation of the product passport should adhere to a set of essential technical requirements. Such requirements should provide a basis for the consistent deployment of the product passport across sectors. Technical specifications should be established to ensure the effective implementation of those essential requirements, either in the form of harmonised standard referenced in the Official Journal or, as a fall-back option, common specification adopted by the Commission. The technical design should ensure that the product passport carries data in a secure way, respecting privacy rules The digital product passport will be developed in an open dialogue with international partners, in order to take account of their views when developing technical specifications and to ensure that they help remove trade barriers for greener products and lower costs for sustainable investments, marketing and compliance. Technical specifications and requirements related to traceability across the value chain should, in order to allow for their effective implementation, to the extent possible be developed based on a consensual approach and on the involvement, buy-in, and effective collaboration of a diverse set of actors, including standardisation bodies, industry associations, consumer organisations, experts, NGOs and international partners, including developing economies.

(33) To ensure the effective roll-out of the product passport, technical design, data requirements and operation of the product passport should adhere to a set of essential technical requirements. Such requirements should provide a basis for the consistent deployment of the product passport across sectors. Technical specifications should be established to ensure the effective implementation of those essential requirements, either in the form of harmonised standard referenced in the Official Journal or, as a fall-back option, common specification adopted by the Commission. The technical design should ensure that the product passport carries data in a secure way, respecting privacy rules. The digital product passport will be developed in an open dialogue with international partners, in order to take account of their views when developing technical specifications and to ensure that they help remove trade barriers for greener products with extended lifecycles and circularity, lower costs for sustainable investments, marketing and compliance and supporting innovation. Technical specifications and requirements related to traceability across the value chain should, in order to allow for their effective implementation, to the extent possible be developed based on a consensual approach and on the involvement, buy-in, and effective collaboration of a diverse set of actors, including standardisation bodies, industry associations, start-ups, consumer organisations, experts, NGOs and international partners, including developing economies.

Amendment  24

 

Proposal for a regulation

Recital 35

 

Text proposed by the Commission

Amendment

(35) Any processing of personal data pursuant to this Regulation should comply with the applicable rules on the protection of personal data. Processing of personal data by the competent national authorities within Member States should be carried out in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council66 . Processing of personal data by the Commission should be carried out in accordance with Regulation (EU) 2018/1725 of the European Parliament and of the Council67 .

(35) Any processing of personal data pursuant to this Regulation should comply with the applicable rules on the protection of personal data. Processing of personal data by the competent national authorities within Member States should be carried out in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council66 with particular attention being paid to the principles of data protection by design and by default. Processing of personal data by the Commission should be carried out in accordance with Regulation (EU) 2018/1725 of the European Parliament and of the Council67. Personal data of end-users should not be stored in the digital product passport.

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66 Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (OJ L 119, 4.5.2016, p. 1).

66 Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (OJ L 119, 4.5.2016, p. 1).

67 Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC (OJ L 295, 21.11.2018, p. 39).

67 Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC (OJ L 295, 21.11.2018, p. 39).

Amendment  25

 

Proposal for a regulation

Recital 39

 

Text proposed by the Commission

Amendment

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

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

Amendment  26

 

Proposal for a regulation

Recital 41

 

Text proposed by the Commission

Amendment

(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.

(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 with misleading or contradictory information or mimicking the labels provided for in this Regulation. However, it should be possible to continue to display an EU Ecolabel or other existing type I ecolabels as set out in Regulation (EC) No 66/2010.

Amendment  27

Proposal for a regulation

Recital 42

 

Text proposed by the Commission

Amendment

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

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

Amendment  28

Proposal for a regulation

Recital 42 a (new)

 

Text proposed by the Commission

Amendment

 

(42a) The cement industry, as one of the most energy-, material- and carbon- intensive sectors, is currently responsible for around 7% of global and 4% of EU CO2 emissions1a, which makes it a key sector for alignment with the Paris climate agreement and the Union’s climate objectives as quickly as possible. While construction products, including cement, are to be covered under [the forthcoming Regulation laying down harmonised conditions for the marketing of construction products, amending Regulation (EU) 2019/1020 and repealing Regulation (EU) 305/2011 (2022/0094 COD)], they remain under the scope of this Regulation. To avoid a lack of product requirements urgently needed to reach our climate and environment objectives, any absence of adequate performance and information requirements for these products under [the forthcoming Regulation laying down harmonised conditions for the marketing of construction products, amending Regulation (EU) 2019/1020 and repealing Regulation (EU) 305/2011 (2022/0094 COD)] should trigger their inclusion in the next working plan of this Regulation.

 

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1a Decarbonisation options for the cement industry, EUR 31378 EN, Publications Office of the European Union, Luxembourg, 2023, ISBN 978-92-76-61599-6, doi:10.2760/174037, JRC131246.

Amendment  29

Proposal for a regulation

Recital 43

 

Text proposed by the Commission

Amendment

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

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

Amendment  30

Proposal for a regulation

Recital 44

 

Text proposed by the Commission

Amendment

(44) In order to encourage self-regulation as a valid alternative to regulatory approaches, this Regulation should, in continuation of Directive 2009/125/EC, include the possibility for industry to submit self-regulation measures. The Commission should assess the self-regulation measures proposed by industry, along with the information and evidence submitted by the signatories, including in light of the international trade commitments of the Union and the need to ensure coherence with Union law. In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission to adopt and update an act listing the self-regulation measures considered as valid alternatives to a delegated act setting ecodesign requirements. It is also appropriate, for instance in view of relevant market or technological developments within the product group concerned, that the Commission be able to request a revised version of the self-regulation measure whenever considered necessary. Once a self-regulation measure is listed in an implementing act, there is a legitimate expectation for economic operators that the Commission will not adopt a delegated act establishing ecodesign requirements for this specific product group. However, it is not excluded that the Commission may adopt horizontal ecodesign requirements also applying to the products covered by a recognised self-regulation measure for the product aspects not addressed by that self-regulation measure. Where the Commission considers that a self-regulation measure no longer fulfils the criteria set in this Regulation, it should remove that self-regulation from the implementing act listing the recognised self-regulation measures. Consequently, ecodesign requirements may then be established for the product groups previously addressed by the self-regulation measure, in accordance with this Regulation.

(44) In order to encourage self-regulation as a valid alternative to regulatory approaches, this Regulation should, in continuation of Directive 2009/125/EC, include the possibility for industry to submit self-regulation measures when those products or product groups are not included in the ecodesign working plan. Self-regulation measures should be aligned with the objectives of this Regulation. The Commission should assess the self- regulation measures proposed by industry, along with the information and evidence submitted by the signatories, including in light of the international trade commitments of the Union and the need to ensure coherence with Union law. The Commission is empowered to adopt delegated acts to adopt and update an act listing the self-regulation measures considered as valid alternatives to a delegated act setting ecodesign requirements. It is also appropriate, for instance in view of relevant market or technological developments within the product group concerned, that the Commission be able to request a revised version of the self-regulation measure whenever considered necessary. Once a self-regulation measure is listed in a delegated act, there is a legitimate expectation for economic operators that the Commission will not adopt a delegated act establishing ecodesign requirements for this specific product group. However, it is not excluded that the Commission may adopt horizontal ecodesign requirements also applying to the products covered by a recognised self-regulation measure for the product aspects not addressed by that self- regulation measure. Where the Commission considers that a self- regulation measure no longer fulfils the criteria set in this Regulation, it should remove that self-regulation from the delegated act listing the recognised self-regulation measures. Consequently, ecodesign requirements may then be established for the product groups previously addressed by the self-regulation measure, in accordance with this Regulation.

Amendment  31

Proposal for a regulation

Recital 45

 

Text proposed by the Commission

Amendment

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

(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. In order to support SMEs, the Member States and the Commission should, in their respective areas of responsibility, provide adequate information, ensure targeted and specialised training, and provide specific assistance and support, including, through existing funding and financing tools financial, to micro-enterprises and SMEs active in the manufacturing of products for which ecodesign requirements are set. Those measures should at least include specific mechanisms to facilitate compliance with the requirements set out in the product passport and with conducting life-cycle assessments. Member States actions should be taken in respect of applicable State aid rules.

Amendment  32

Proposal for a regulation

Recital 46

 

Text proposed by the Commission

Amendment

(46) The destruction of unsold consumer products, such as textiles and footwear, by economic operators is becoming a widespread environmental problem across the Union, in particular due to the rapid growth of online sales. It amounts to a loss of valuable economic resources as goods are produced, transported and afterwards destroyed without ever being used for their intended purpose. It is therefore necessary, in the interest of environmental protection, that this Regulation establishes a framework to prevent the destruction of unsold products primarily intended for consumers pursuant to Directive (EU) 2019/771 of the European Parliament and of the Council69 , including products that have been returned by a consumer in view of their right of withdrawal as laid down by Directive (EU) 2011/83/EU of the European Parliament and of the Council70 . This will reduce the environmental impact of those products by reducing the generation of waste and by dis-incentivising overproduction of products. In addition, given that several Member States have introduced national legislation on the destruction of unsold consumer products thereby creating market distortions, harmonised rules on the destruction of unsold consumer products are necessary to ensure that distributors, retailers and other economic operators are subject to the same rules and incentives across Member States.

(46) The destruction of unsold consumer products, such as textiles and footwear as well as electrical and electronic equipment or devices by economic operators is becoming a widespread environmental problem across the Union, in particular due to the rapid growth of online sales. It amounts to a loss of valuable economic resources as goods are produced, transported and afterwards destroyed without ever being used for their intended purpose. It is therefore necessary, in the interest of environmental protection, that this Regulation establishes a framework to prevent the destruction of unsold products primarily intended for consumers pursuant to Directive (EU) 2019/771 of the European Parliament and of the Council69 , including products that have been returned by a consumer in view of their right of withdrawal as laid down by Directive (EU) 2011/83/EU of the European Parliament and of the Council70 . This will reduce the environmental impact of those products by reducing the generation of waste and by dis-incentivising overproduction of products. In addition, given that several Member States have introduced national legislation on the destruction of unsold consumer products thereby creating market distortions, harmonised rules on the destruction of unsold consumer products are necessary to ensure that distributors, retailers and other economic operators are subject to the same rules and incentives across Member States.

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69 Directive (EU) 2019/771 of the European Parliament and of the Council f 20 May 2019 on certain aspects concerning contracts for the sale of goods, amending Regulation (EU) 2017/2394 and Directive 2009/22/EC, and repealing Directive 1999/44/EC (OJ L 136, 22.5.2019, p. 6).

69 Directive (EU) 2019/771 of the European Parliament and of the Council f 20 May 2019 on certain aspects concerning contracts for the sale of goods, amending Regulation (EU) 2017/2394 and Directive 2009/22/EC, and repealing Directive 1999/44/EC (OJ L 136, 22.5.2019, p. 6).

70 Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council and repealing Council Directive 85/577/EEC and Directive 97/7/EC of the European Parliament and of the Council (OJ L 304, 22.11.2011, p. 64).

70 Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council and repealing Council Directive 85/577/EEC and Directive 97/7/EC of the European Parliament and of the Council (OJ L 304, 22.11.2011, p. 64).

Amendment  33

Proposal for a regulation

Recital 47

 

Text proposed by the Commission

Amendment

(47) To dis-incentivise the destruction of unsold consumer products and to further generate data on the occurrence of this practice, this Regulation should introduce a transparency obligation for economic operators holding consumer products in the Union, requiring them to disclose information on the number of unsold consumer products discarded per year. The economic operator should indicate the product type or category, the reasons for their discarding and their delivery for subsequent waste treatment operations. While economic operators should be free to determine how to disclose that information in a manner appropriate to their business environment, it should be considered a best practice to include the required information in a publicly available non-financial statement drafted in accordance with Article 19a of Directive 2013/34/EU of the European Parliament and of the Council71 where applicable.

(47) To dis-incentivise the destruction of unsold consumer products and to further generate data on the occurrence of this practice, this Regulation should introduce a transparency obligation for economic operators holding consumer products in the Union, requiring them to disclose information on the number of unsold consumer products discarded per year on a website of the Commission. Economic operators should indicate the product type or category, the reasons for their discarding and their delivery for subsequent waste treatment operations. It should also be considered a best practice to include the required information in a publicly available non-financial statement drafted in accordance with Article 19a of Directive 2013/34/EU of the European Parliament and of the Council71 where applicable.

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71 Directive 2013/34/EU of the European Parliament and of the Council of 26 June 2013 on the annual financial statements, consolidated financial statements and related reports of certain types of undertakings, amending Directive 2006/43/EC of the European Parliament and of the Council and repealing Council Directives 78/660/EEC and 83/349/EEC (OJ L 182, 29.6.2013, p. 19).

71 Directive 2013/34/EU of the European Parliament and of the Council of 26 June 2013 on the annual financial statements, consolidated financial statements and related reports of certain types of undertakings, amending Directive 2006/43/EC of the European Parliament and of the Council and repealing Council Directives 78/660/EEC and 83/349/EEC (OJ L 182, 29.6.2013, p. 19).

Amendment  34

Proposal for a regulation

Recital 48

 

Text proposed by the Commission

Amendment

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

(48) In order to avoid the destruction of unsold consumer products, where the destruction of such products is prevalent, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission to supplement this Regulation by prohibiting the destruction of such products. Given the wide range of products that may potentially be destroyed without ever being sold or used, it is necessary to establish such empowerment in this Regulation. However, the prohibition set in the delegated acts should apply to specific product groups to be determined based on an assessment by the Commission of the extent to which the destruction of such products takes place in practice, taking into account the information made available by economic operators where appropriate. To ensure that this obligation is proportionate, the Commission should consider specific exemptions under which destroying unsold consumer products may still be permitted, for instance in view of health and safety concerns. The Commission should also provide economic operators with sufficient time to adjust to the new requirements of such a ban. To monitor the effectiveness of this prohibition and to dis-incentivise circumvention, economic operators should be required to disclose the number of unsold consumer products destroyed and the reasons for their destruction under applicable exemptions. Finally, to avoid any undue administrative burden on small, medium and micro-enterprises, 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 small, medium, micro-enterprises 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. One year after ... [the date of the entry into force of this Regulation], the destruction of unsold consumer products by economic operators should be prohibited for textiles and footwear, as well as for electrical and electronic equipment, given that sufficient evidence exists to demonstrate that the destruction of such products is taking place and is harmful for the environment.

Amendment  35

Proposal for a regulation

Recital 59

 

Text proposed by the Commission

Amendment

(59) It is essential that online marketplaces cooperate closely with the market surveillance authorities. An obligation of cooperation with market surveillance authorities is imposed on information society service providers under Article 7(2) of Regulation (EU) 2019/1020 of the European Parliament and of the Council74 in relation to products covered by that Regulation, including products for which ecodesign requirements are set. To further improve cooperation to tackle illegal content related to non-compliant products, this Regulation should include concrete obligations to put this cooperation into practice as regards online marketplaces. For instance, market surveillance authorities are constantly improving the technological tools they use for online market surveillance in order to identify non-compliant products sold online. For these tools to be operational, online marketplaces should grant access to their interfaces. Moreover, market surveillance authorities may also need to scrape data from the online marketplaces.

(59) It is essential that online marketplaces cooperate closely with the market surveillance authorities. An obligation of cooperation with market surveillance authorities is imposed on information society service providers under Article 7(2) of Regulation (EU) 2019/1020 of the European Parliament and of the Council74 in relation to products covered by that Regulation, including products for which ecodesign requirements are set. In order to keep pace with technological development and new means of sale, the compliance by design obligations laid down for providers of online marketplaces in Article 31 of Regulation (EU) 2022/2065 of the European Parliament and of the Council74a should apply for the purpose of information required by Article 25 and 30(1) of this Regulation and, where applicable, for the requirements laid down in the delegated acts adopted pursuant to Article 4 of this Regulation. The enforcement of those obligations should be subject to the rules laid down in Chapter IV of Regulation (EU) 2022/2065. For the purposes of Article 31, paragraph 3, of Regulation (EU) 2022/2065, providers of online marketplaces should make use at least of the information and communication system referred to in Article 34 of Regulation (EU) 2019/1020. It should be possible for the single point of contact under this Regulation to be the same as the point of contact under Article 11 of Regulation (EU) 2022/2065, without endangering the objective of treating issues linked to product safety in a swift and specific manner.

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74 Regulation (EU) 2019/1020 of the European Parliament and of the Council of 20 June 2019 on market surveillance and compliance of products and amending Directive 2004/42/EC and Regulations (EC) No 765/2008 and (EU) No 305/2011 (OJ L169, 25.6.2019, p. 1).

74 Regulation (EU) 2019/1020 of the European Parliament and of the Council of 20 June 2019 on market surveillance and compliance of products and amending Directive 2004/42/EC and Regulations (EC) No 765/2008 and (EU) No 305/2011 (OJ L169, 25.6.2019, p. 1).

 

74a Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a Single Market For Digital Services and amending Directive 2000/31/EC (Digital Services Act) (OJ L 277, 27.10.2022, p. 1).

Amendment  36

Proposal for a regulation

Recital 68

 

Text proposed by the Commission

Amendment

(68) In the absence of harmonised standards, recourse to common specifications should be used as a fall-back solution to facilitate the manufacturer’s obligation to comply with ecodesign requirements, for instance when the standardisation process is blocked due to lack of consensus between stakeholders or where there are undue delays in establishing a harmonised standard. Such delays could for example occur when the required quality is not reached. In addition, recourse to this solution should be possible where the Commission has restricted or withdrawn the references to relevant harmonised standards in line with Article 11(5) of Regulation (EU) No 1025/2012. Compliance with common specifications should also give rise to the presumption of conformity.

(68) The current Union standardisation framework which is based on the principles of the so-called ‘New Approach’ and on Regulation (EU) 1025/2012 represents the framework to elaborate standards that provide a presumption of conformity with the relevant requirements set out in this Regulation. In the absence of relevant references to harmonised standards, recourse to common specifications, via the adoption of implementing acts, should be used as a fall-back solution to facilitate the manufacturer’s obligation to comply with ecodesign requirements, for instance when the standardisation process is blocked due to lack of consensus between stakeholders or where there are undue delays in establishing a harmonised standard and the prescribed deadline cannot be respected. Such delays could for example occur when the required quality is not reached. In addition, recourse to this solution should be possible where the Commission has restricted or withdrawn the references to relevant harmonised standards in line with Article 11(5) of Regulation (EU) No 1025/2012. Compliance with common specifications should also give rise to the presumption of conformity. In order to ensure efficiency, the Commission should involve relevant stakeholders in the process of establishing the common specifications that cover the ecodesign requirements of this Regulation.

Amendment  37

Proposal for a regulation

Recital 86

 

Text proposed by the Commission

Amendment

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

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

Amendment  38

Proposal for a regulation

Recital 87

 

Text proposed by the Commission

Amendment

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

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

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78 Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement and repealing Directive 2004/18/EC (OJ L 94, 28.3.2014, p. 65).

78 Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement and repealing Directive 2004/18/EC (OJ L 94, 28.3.2014, p. 65).

79 Directive 2014/25/EU of the European Parliament and of the Council of 26 February 2014 on procurement by entities operating in the water, energy, transport and postal services sectors and repealing Directive 2004/17/EC (OJ L 94, 28.3.2014, p. 243).

79 Directive 2014/25/EU of the European Parliament and of the Council of 26 February 2014 on procurement by entities operating in the water, energy, transport and postal services sectors and repealing Directive 2004/17/EC (OJ L 94, 28.3.2014, p. 243).

Amendment  39

Proposal for a regulation

Recital 88

 

Text proposed by the Commission

Amendment

(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.

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

Amendment  40

Proposal for a regulation

Recital 90

 

Text proposed by the Commission

Amendment

(90) To ensure that appropriate checks are performed on an adequate scale in relation to ecodesign requirements, Member States should draw up a dedicated action plan identifying the products or requirements identified as priorities for market surveillance under this Regulation and the activities planned to reduce non-compliance of relevant products or with relevant ecodesign requirements. Where relevant, this action plan should be part of Member States’ national market surveillance strategies adopted pursuant to Article 13 of Regulation (EU) 2019/1020.

(90) To ensure that appropriate checks are performed on an adequate scale in relation to ecodesign requirements, Member States should draw up a dedicated action plan identifying the products or requirements identified as priorities for market surveillance under this Regulation and the activities planned to reduce or bring to an end non-compliance of relevant products or with relevant ecodesign requirements. Where relevant, this action plan should be part of Member States’ national market surveillance strategies adopted pursuant to Article 13 of Regulation (EU) 2019/1020.

Amendment  41

Proposal for a regulation

Recital 91

 

Text proposed by the Commission

Amendment

(91) Priorities for market surveillance under this Regulation should be identified based on objective criteria such as the levels of non-compliance observed or the environmental impacts resulting from non-compliance. The activities planned to address those priorities should in turn be proportionate to the facts leading to their prioritisation. In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission to determine products and requirements that Member States should consider as priorities for market surveillance in the context of their action plans identifying priorities for market surveillance under this Regulation and activities planned to reduce non-compliance.

(91) Priorities for market surveillance under this Regulation should be identified based on objective criteria such as the levels of non-compliance observed or the environmental impacts resulting from non-compliance or the number of complaints received. The activities planned to address those priorities should in turn be proportionate to the facts leading to their prioritisation. In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission to determine products and requirements that Member States should consider as priorities for market surveillance in the context of their action plans identifying priorities for market surveillance under this Regulation and activities planned to reduce non-compliance.

Amendment  42

Proposal for a regulation

Recital 92

 

Text proposed by the Commission

Amendment

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

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

Amendment  43

Proposal for a regulation

Recital 94

 

Text proposed by the Commission

Amendment

(94) To further strengthen coordination of market surveillance authorities, the administrative cooperation group (‘ADCO’) set up pursuant to Regulation (EU) 2019/1020 should, for the purposes of identifying the products or requirements identified as priorities for market surveillance under this Regulation and the activities planned to reduce non-compliance is Regulation, meet at regular intervals and identify common priorities for market surveillance to be taken into account in Member States’ action plans, priorities for the provision of Union support, and ecodesign requirements that are interpreted differently leading to market distortion.

(94) To further strengthen coordination of market surveillance authorities, the administrative cooperation group (‘ADCO’) set up pursuant to Regulation (EU) 2019/1020 should, for the purposes of identifying the products or requirements identified as priorities for market surveillance under this Regulation and the activities planned to reduce or bring to an end non-compliance is Regulation, meet at regular intervals and identify common priorities for market surveillance to be taken into account in Member States’ action plans, priorities for the provision of Union support, and ecodesign requirements that are interpreted differently leading to market distortion.

Amendment  44

Proposal for a regulation

Recital 95

 

Text proposed by the Commission

Amendment

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

(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 to ensure their harmonised application.

Amendment  45

Proposal for a regulation

Recital 101

 

Text proposed by the Commission

Amendment

(101) To enhance trust in products placed on the market, in particular as regards the fact that they comply with ecodesign requirements, the public needs to be sure that economic operators placing non-compliant products on the market will be subject to penalties. It is therefore necessary that Member States lay down effective, proportionate and dissuasive penalties in national law for failure to comply with this Regulation.

(101) To enhance trust in products placed on the market, in particular as regards the fact that they comply with ecodesign requirements, the public needs to be sure that economic operators placing non-compliant products on the market will be subject to penalties. It is therefore necessary that Member States lay down effective, proportionate and dissuasive penalties in national law for failure to comply with this Regulation. To facilitate more consistent application of penalties, common non-exhaustive criteria should be established for determining the types and levels of penalties to be imposed in the event of infringements of this Regulation. Such criteria should include, inter alia, the nature and gravity of the infringement and the economic benefits derived from and the environmental damage caused by the infringement, insofar as these can be determined.

Amendment  46

Proposal for a regulation

Article 1 – paragraph 1 – subparagraph 1 – introductory part

 

Text proposed by the Commission

Amendment

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

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

Amendment  47

Proposal for a regulation

Article 1 – paragraph 1 – subparagraph 1 – point g

 

Text proposed by the Commission

Amendment

(g) product remanufacturing and recycling;

(g) product remanufacturing;

Amendment  48

Proposal for a regulation

Article 1 – paragraph 1 – subparagraph 1 – point g a (new)

 

Text proposed by the Commission

Amendment

 

(ga) product recycling;

Amendment  49

Proposal for a regulation

Article 2 – paragraph 1 – point 13

 

Text proposed by the Commission

Amendment

(13) ‘end-of-life’ means the life cycle stage that begins when a product is discarded and ends when the product is returned to nature as a waste product or enters another product’s life cycle;

(13) ‘end-of-life’ means the life cycle stage that begins when a product is discarded and ends when the waste material of the product is returned to nature or enters another product’s life cycle;

Amendment  50

Proposal for a regulation

Article 2 – paragraph 1 – point 15

 

Text proposed by the Commission

Amendment

(15) ‘class of performance’ means a range of performance levels in relation to one or more product parameters referred to in Annex I, ordered into successive steps to allow for product differentiation;

(15) ‘class of performance’ means a range of performance levels in relation to one or more product parameters referred to in Annex I, based on a common methodology for the product or product group, ordered into successive steps to allow for product differentiation;

Amendment  51

Proposal for a regulation

Article 2 – paragraph 1 – point 16

 

Text proposed by the Commission

Amendment

(16) ‘remanufacturing’ means an industrial process in which a product is produced from objects that are waste, products or components and in which at least one change is made to the product that affects the safety, performance, purpose or type of the product typically placed on the market with a commercial guarantee;

(16) ‘remanufacturing’ means an industrial process in which a product is produced from objects that are waste, products or components and in which at least one change is made to the product that significantly affects the safety or performance, or affects the purpose or type of the product typically placed on the market with a commercial guarantee;

Amendment  52

Proposal for a regulation

Article 2 – paragraph 1 – point 17

 

Text proposed by the Commission

Amendment

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

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

Amendment  53

Proposal for a regulation

Article 2 – paragraph 1 – point 18

 

Text proposed by the Commission

Amendment

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

(18) ‘refurbishment’ means testing, maintaining or repairing an object that is a product or waste to restore its performance or functionality within the intended use originally conceived at the design stage, with the result of making a fully functional product;

Amendment  54

Proposal for a regulation

Article 2 – paragraph 1 – point 20 a (new)

 

Text proposed by the Commission

Amendment

 

(20a) 'premature obsolescence' means making available on the market a product with a feature which limits its foreseeable lifetime;

Amendment  55

Proposal for a regulation

Article 2 – paragraph 1 – point 21

 

Text proposed by the Commission

Amendment

(21) ‘durability’ means the ability of a product to function as required, under specified conditions of use, maintenance and repair, until a limiting event prevents its functioning;

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

Amendment  56

Proposal for a regulation

Article 2 – paragraph 1 – point 22

 

Text proposed by the Commission

Amendment

(22) ‘reliability’ means the probability that a product functions as required under given conditions for a given duration without a limiting event;

(22) ‘reliability’ means the high probability that a product functions as required under given conditions for a given duration without a limiting event;

Amendment  57

Proposal for a regulation

Article 2 – paragraph 1 – point 23

 

Text proposed by the Commission

Amendment

(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;

(23) ‘environmental footprint’ means a quantification of product life cycle’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 scientific methods developed by international organisations and widely tested in collaboration with different industry sectors and recognised by the Commission;

Amendment  58

Proposal for a regulation

Article 2 – paragraph 1 – point 25 a (new)

 

Text proposed by the Commission

Amendment

 

(25a) 'material footprint' means the quantification of the materials needed for a product system as the sum of biomass, fossil fuels, metal ores and non-metallic minerals consumed;

Amendment  59

Proposal for a regulation

Article 2 – paragraph 1 – point 28 – point a

 

Text proposed by the Commission

Amendment

(a) meets the criteria laid down in Article 57 and is identified in accordance with Article 59(1) of Regulation (EC) No 1907/2006; or

(a) meets the criteria laid down in Article 57 of Regulation (EC) No 1907/2006; or

Amendment  60

Proposal for a regulation

Article 2 – paragraph 1 – point 28 – point b – indent 9 a (new)

 

Text proposed by the Commission

Amendment

 

- substances regulated under Regulation (EU) No 2019/1021 of the European Parliament and of the Council1a;

 

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1a Regulation (EU) 2019/1021 of the European Parliament and of the Council of 20 June 2019 on persistent organic pollutants (OJ L 169, 25.6.2019, p. 45).

Amendment  61

Proposal for a regulation

Article 2 – paragraph 1 – point 28 – point b – indent 9 b (new)

 

Text proposed by the Commission

Amendment

 

- specific restricted substances listed in Annex XVII of Regulation (EC) No 1907/2006.

Amendment  62

Proposal for a regulation

Article 2 – paragraph 1 – point 35

 

Text proposed by the Commission

Amendment

(35) ‘destruction’ means the intentional damaging or discarding of a product as waste with the exception of discarding for the only purpose of delivering a product for preparing for re-use or remanufacturing operations;

(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, refurbishing or remanufacturing operations;

Amendment  63

Proposal for a regulation

Article 2 – paragraph 1 – point 37

 

Text proposed by the Commission

Amendment

(37) ‘unsold consumer product’ means any consumer product that has not been sold 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;

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

Amendment  64

 

Proposal for a regulation

Article 2 – paragraph 1 – point 46 a (new)

 

Text proposed by the Commission

Amendment

 

(46a) ‘independent operator’ means a natural or legal person who is independent from the manufacturer and is directly or indirectly involved in the refurbishment, repair, maintenance or repurposing of the product, and includes waste management operators, refurbishers, repairers, manufacturers or distributors of repair equipment, tools or spare parts, as well as publishers of technical information, operators offering inspection and testing services and operators offering training for installers, manufacturers and repairers of equipment;

Amendment  65

Proposal for a regulation

Article 2 – paragraph 1 – point 46 b (new)

 

Text proposed by the Commission

Amendment

 

(46b) ‘professional repairer’ means a natural or legal person who provides repair or maintenance services for a product, irrespective of whether that person acts within the manufacturer’s distribution system or independently;

Amendment  66

Proposal for a regulation

Article 2 – paragraph 1 – point 55

 

Text proposed by the Commission

Amendment

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

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

Amendment  67

Proposal for a regulation

Article 2 – paragraph 3 a (new)

 

Text proposed by the Commission

Amendment

 

The definition of ‘electrical and electronic equipment’ or ‘EEE’ in Article 3, point (1)(a) of Directive 2012/19/EU of the European Parliament and of the Council shall apply1a.

 

__________________

 

1a Directive 2012/19/EU of the European Parliament and of the Council of 4 July 2012 on waste electrical and electronic equipment (WEEE) (OJ L 197, 24.7.2012, p. 38).

Amendment  68

Proposal for a regulation

Article 2 – paragraph 4 a (new)

 

Text proposed by the Commission

Amendment

 

The definitions of ‘supplier of a substance or a mixture’ and ‘supplier of an article’ in Article 3, points (32) and (33), respectively, of Regulation (EC) 1907/2006 shall apply.

Amendment  69

Proposal for a regulation

Article 4 – paragraph 1

 

Text proposed by the Commission

Amendment

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.

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 that in exceptional cases neither performance nor information requirements are necessary for certain specified product parameters referred to in Annex I.

 

Amendment  70

Proposal for a regulation

Article 4 – paragraph 1 – subparagraph 1 a (new)

 

Text proposed by the Commission

Amendment

 

The empowerment to adopt ecodesign requirements shall 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:

 

(a)  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; and

 

(b)  such an exemption would not undermine the achievement of the objectives of this Regulation and the broader application of ecodesign requirements on the relevant Union product market; and

 

(c)  the resource savings due to the placing on the market of the imported second-hand product or product group outweigh the benefits of the ecodesign requirements for new products or product groups.

Amendment  71

Proposal for a regulation

Article 4 – paragraph 2

 

Text proposed by the Commission

Amendment

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.

When establishing ecodesign requirements in delegated acts referred to in the first subparagraph, the Commission shall provide economic operators with sufficient time to adjust to the new requirements, particularly taking into consideration the needs of micro enterprises and SMEs. 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.

Amendment  72

Proposal for a regulation

Article 4 – paragraph 3 – point c a (new)

 

Text proposed by the Commission

Amendment

 

(ca) specifying the methodology to assess the reparability of a product, define the classes of performance to be displayed by the reparability score, and define the product categories to which the reparability score shall apply;

Amendment  73

Proposal for a regulation

Article 5 – paragraph 1 – point g

 

Text proposed by the Commission

Amendment

(g) presence of substances of concern;

(g) presence of substances of concern in products;

Amendment  74

Proposal for a regulation

Article 5 – paragraph 1 – point k

 

Text proposed by the Commission

Amendment

(k) possibility of remanufacturing and recycling;

(k) possibility of remanufacturing;

Amendment  75

Proposal for a regulation

Article 5 – paragraph 1 – point k a (new)

 

Text proposed by the Commission

Amendment

 

(ka) possibility of recycling;

5

Amendment  76

Proposal for a regulation

Article 5 – paragraph 2 – subparagraph 2

 

Text proposed by the Commission

Amendment

However, where two or more product 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.

Where two or more product 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. Those horizontal requirements may be further specified through the establishment of ecodesign requirements for a specific product group covered by a horizontal ecodesign requirement.

Amendment  77

Proposal for a regulation

Article 5 – paragraph 4 – introductory part

 

Text proposed by the Commission

Amendment

4. When preparing ecodesign requirements, the Commission shall:

4. When preparing ecodesign requirements, the Commission shall ensure consistency and avoid conflicting requirements with other Union legislation and shall:

Amendment  78

Proposal for a regulation

Article 5 – paragraph 4 – point a – point i

 

Text proposed by the Commission

Amendment

(i) Union climate, environmental and energy efficiency priorities and other related Union priorities;

(i) Union objectives concerning:

 

-  the climate, in particular the objective to achieve climate neutrality at the latest by 2050 as set out in Regulation (EU) 2021/1119;

 

-  the environment, including biodiversity, resource efficiency and security and reduction of the environmental, material and consumption footprints, and staying within the planetary boundaries as set out in the 8th Environmental Action Programme;

 

- non-toxicity;

 

-  energy efficiency; and

 

-  other related Union objectives;

Amendment  79

Proposal for a regulation

Article 5 – paragraph 4 – point a – point ii

 

Text proposed by the Commission

Amendment

(ii) relevant Union legislation, including the extent to which it addresses the relevant product aspects listed in paragraph 1;

(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  80

Proposal for a regulation

Article 5 – paragraph 4 – point a – point ii a (new)

 

Text proposed by the Commission

Amendment

 

(iia) relevant international agreements;

Amendment  81

Proposal for a regulation

Article 5 – paragraph 4 – point a – point v a (new)

 

Text proposed by the Commission

Amendment

 

(va) prioritisation of measures in accordance with the waste hierarchy laid down in Directive 2008/98/EC;

Amendment  82

Proposal for a regulation

Article 5 – paragraph 4 – point b

 

Text proposed by the Commission

Amendment

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

(b) carry out an impact assessment based on best available evidence and analyses, and as appropriate on additional studies and research results produced under European funding programmes. The establishment of ecodesign requirements on the product aspects listed in paragraph 1 shall not be unduly delayed by uncertainties regarding the possibility to establish ecodesign requirements to improve other aspects of that product. In the impact assessments, the Commission shall:

 

(i)  ensure that all the product aspects listed in paragraph 1 are analysed and that the depth of analysis of the product aspects listed in paragraph 1 is proportionate to their significance;

 

(ii)  ensure that trade-offs between the different product aspects listed in paragraph 1 are analysed;

 

(iii)  provide an assessment of the expected reduction of the environmental, carbon and material footprints by the new ecodesign requirements;

 

(iv)  provide an assessment of the fulfilment of criteria established in Article 4, second paragraph, on imported second-hand products, where relevant;

 

(v)  provide an assessment of any relevant impacts on human health;

 

(vi)  provide an assessment of the minimum level of performance of a product or a product group, that needs to be potentially attained in the future in order for that product or product group to be in line with the Union’s objectives as listed in paragraph 4, point (a)(i);

 

Where appropriate, the impact assessment shall also be used to support the setting of criteria on green public procurement, Ecolabel, as well as other economic incentives in order to improve consistency between different policy instruments.

Amendment  83

Proposal for a regulation

Article 5 – paragraph 4 – point c a (new)

 

Text proposed by the Commission

Amendment

 

(ca) take into consideration the protection of confidential business information;

Amendment  84

Proposal for a regulation

Article 5 – paragraph 4 – point c b (new)

 

Text proposed by the Commission

Amendment

 

(cb) take into consideration any feedback provided by public consultations;

Amendment  85

Proposal for a regulation

Article 5 – paragraph 5 – point a

 

Text proposed by the Commission

Amendment

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

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

Amendment  86

Proposal for a regulation

Article 5 – paragraph 5 – point c

 

Text proposed by the Commission

Amendment

(c) there shall be no significant negative impact on consumers in terms of the affordability of relevant products, also taking into account access to second-hand products, durability and the life cycle cost of products;

(c) there shall be no significant negative impact on consumers in terms of the affordability of relevant products, also taking into account access to second-hand products, including imported second-hand products, durability and the life cycle cost of products;

Amendment  87

Proposal for a regulation

Article 5 – paragraph 5 – point d

 

Text proposed by the Commission

Amendment

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

(d) there shall be no disproportionate negative impact on the competitiveness of economic actors, in particular of micro-enterprises and SMEs;

Amendment  88

Proposal for a regulation

Article 5 – paragraph 5 – point f

 

Text proposed by the Commission

Amendment

(f) there shall be no disproportionate administrative burden on manufacturers or other economic actors.

(f) there shall be no disproportionate administrative burden on manufacturers or other economic actors, in particular for micro-enterprises and SMEs;

Amendment  89

Proposal for a regulation

Article 5 – paragraph 5 – point f a (new)

 

Text proposed by the Commission

Amendment

 

(fa) there shall be sufficient time given to manufacturers or other economic actors to adjust to the new requirements, particularly taking into consideration the needs of micro-enterprises and SMEs.

Amendment  90

Proposal for a regulation

Article 5 – paragraph 8

 

Text proposed by the Commission

Amendment

8. The Commission shall publish relevant studies and analyses used in the establishment of ecodesign requirements in accordance with this Regulation.

8. The Commission shall publish relevant studies and analyses once available, including the impact assessments referred to in paragraph 4, point (b), used in the establishment of ecodesign requirements in accordance with this Regulation.

Amendment  91

Proposal for a regulation

Article 5 a (new)

 

Text proposed by the Commission

Amendment

 

Article 5a

 

Durability and reparability of products

 

1.  When setting the ecodesign requirements pursuant to Article 5(1), the Commission shall 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, spare parts, or non-provision of software updates or accessories within an appropriate period of time.

 

2.  When setting the ecodesign requirements pursuant to Article 5(1), the Commission shall ensure that manufacturers 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.

Amendment  92

Proposal for a regulation

Article 6 – paragraph 2 – introductory part

 

Text proposed by the Commission

Amendment

2. Performance requirements referred to in paragraph 1 shall be based on the product parameters referred to in Annex I and shall, as appropriate, include:

2. Performance requirements referred to in paragraph 1 shall be based on the relevant product parameters referred to in Annex I and shall, as appropriate, include:

Amendment  93

Proposal for a regulation

Article 6 – paragraph 3

 

Text proposed by the Commission

Amendment

3. Performance requirements based on the product parameter set out in Annex I, point (f), shall not restrict the presence of substances in products for reasons relating primarily to chemical safety.

3. Performance requirements based on the product parameter set out in Annex I, point (f), shall not restrict the presence of substances in products for reasons relating primarily to chemical safety, unless there is an unacceptable risk to human health or the environment, arising from the use of a substance present in the product or product component when it is placed on the market or during the subsequent stages of its lifecycle.

Amendment  94

Proposal for a regulation

Article 7 – paragraph 2 – point b – paragraph 1 – point ii

 

Text proposed by the Commission

Amendment

(ii) 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;

(ii) clear and easily understandable 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  95

Proposal for a regulation

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

 

Text proposed by the Commission

Amendment

 

(iia) clear and easily understandable information for consumers and other end-users, on how to install third-party operating systems;

Amendment  96

Proposal for a regulation

Article 7 – paragraph 2 – point b – paragraph 1 – point ii b (new)

 

Text proposed by the Commission

Amendment

 

(iib) relevant information for providers of repair and refurbishment services and operators involved in preparing for reuse, reuse, repair and disassembly;

Amendment  97

Proposal for a regulation

Article 7 – paragraph 4 – subparagraph 2

 

Text proposed by the Commission

Amendment

Those classes of performance shall correspond to statistically significant improvements in performance levels.

Those classes of performance shall correspond to statistically significant improvements in performance levels and shall use as the minimum level the minimum performance requirements established pursuant to Article 6.

Amendment  98

Proposal for a regulation

Article 7 – paragraph 4 a (new)

 

Text proposed by the Commission

Amendment

 

4a. Where appropriate, based on the evidence provided in the impact assessment referred to in Article 5(4), point (b), information requirements on the performance of the product related to reparability shall take the form of a reparability score to enable end-users to easily compare the performance of products. The methodology to assess the reparability of products shall be developed according to the specificities of product categories and laid down in the relevant delegated act adopted under Article 4. That delegated act shall also define the content and layout of the label containing the reparability score, as appropriate, in accordance with Article 14, using clear and easy-to-understand language and pictograms, to avoid overload of information for consumers.

 

When available, the methodology to assess the reparability of products may include other relevant aspects of a product, such as durability, reliability or robustness, and be further specified in the relevant delegated act taking into account specificities of the product category.

Amendment  99

Proposal for a regulation

Article 7 – paragraph 5 – subparagraph 1 – introductory part

 

Text proposed by the Commission

Amendment

The information requirements referred to in paragraph 1 shall enable the tracking of all substances of concern throughout the life cycle of products, unless such tracking is already enabled by another delegated act adopted pursuant to Article 4 covering the products concerned, and shall include at least the following:

The information requirements referred to in paragraph 1 shall enable the tracking of all substances of concern present in the product as placed on the market, in accordance with a threshold-based approach, throughout the life cycle of products, unless such tracking is already enabled by another delegated act adopted pursuant to Article 4 covering the products concerned, and shall include at least the following:

Amendment  100

Proposal for a regulation

Article 7 – paragraph 5 – subparagraph 1 – point a

 

Text proposed by the Commission

Amendment

(a) the name of the substances of concern present in the product;

(a) the International Union of Pure and Applied Chemistry (IUPAC) name of the substances of concern present in the product, including the chemical identification number, that is the European Inventory of Existing Commercial Chemical Substances (EINECS) or European List of Notified Chemical Substances (ELINCS) number or Chemical Abstract Service (CAS) number;

Amendment  101

Proposal for a regulation

Article 7 – paragraph 5 – subparagraph 1 – point d

 

Text proposed by the Commission

Amendment

(d) relevant instructions for the safe use of the product;

(d) relevant instructions for the safe use of the product and the environmentally sound management of the product at the end of its life;

Amendment  102

Proposal for a regulation

Article 7 – paragraph 5 – subparagraph 1 – point e

 

Text proposed by the Commission

Amendment

(e) information relevant for disassembly.

(e) information relevant for disassembly and preparation for reuse.

Amendment  103

Proposal for a regulation

Article 7 – paragraph 5 – subparagraph 3

 

Text proposed by the Commission

Amendment

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 and in other duly justified cases.

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 existence of analytical methods to detect and quantify them, the need to protect confidential business information and in other duly justified cases.

Amendment  104

Proposal for a regulation

Article 7 – paragraph 6 – subparagraph 2 – point e

 

Text proposed by the Commission

Amendment

(e) in a user manual;

(e) in a user manual or other documentation accompanying the product;

Amendment  105

Proposal for a regulation

Article 7 – paragraph 6 – subparagraph 3

 

Text proposed by the Commission

Amendment

Information ensuring the traceability of substances pursuant to paragraph 5 shall be given either on the product or be accessible through a data carrier included on the product.

Information that is essential to the health, safety, and rights of end-users shall be provided and shall be accessible in physical form with the product and be accessible through a data carrier included on the product.

Amendment  106

Proposal for a regulation

Article 7 – paragraph 6 – subparagraph 3 a (new)

 

Text proposed by the Commission

Amendment

 

Information relevant for an informed purchasing decision shall be provided to consumers prior to the purchase of a product.

Amendment  107

Proposal for a regulation

Article 7 – paragraph 7 a (new)

 

Text proposed by the Commission

Amendment

 

7a. The information to be supplied pursuant to information requirements shall be provided in accordance with accessibility requirements under Directive (EU) 2019/882 of the European Parliament and of the Council1a.

 

__________________

 

1a Directive (EU) 2019/882 of the European Parliament and of the Council of 17 April 2019 on the accessibility requirements for products and services (OJ L 151, 7.6.2019, p. 70).

Amendment  108

Proposal for a regulation

Article 8 – paragraph 1

 

Text proposed by the Commission

Amendment

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

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

Amendment  109

Proposal for a regulation

Article 8 – paragraph 2 – point a

 

Text proposed by the Commission

Amendment

(a) the information to be included in the product passport pursuant to Annex III;

(a) the information to be included in the product passport pursuant to Annex III with specific consideration for confidential business information.

Amendment  110

Proposal for a regulation

Article 8 – paragraph 2 – point f

 

Text proposed by the Commission

Amendment

(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, remanufacturers, recyclers, competent national authorities, public interest organisations and the Commission, or any organisation acting on their behalf;

(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, independent operators, refurbishers, remanufacturers, recyclers, competent national authorities, civil society organisations, researchers, trade unions and the Commission, or any organisation acting on their behalf;

Amendment  111

Proposal for a regulation

Article 8 – paragraph 2 – point g

 

Text proposed by the Commission

Amendment

(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, maintenance professionals, remanufacturers, recyclers, competent national authorities, and the Commission, or any organisation acting on their behalf;

(g) the actors that shall introduce or update the information in the product passport, including where needed the creation of a new product passport that shall be linked to the product passport or passports of the original product, and what information they may introduce or update, including manufacturers, professional repairers, independent operators, refurbishers, maintenance professionals, remanufacturers, recyclers, competent national authorities, and the Commission, or any organisation acting on their behalf, avoiding duplication of information and reporting;

Amendment  112

Proposal for a regulation

Article 8 – paragraph 2 – point h

 

Text proposed by the Commission

Amendment

(h) the period for which the product passport shall remain available.

(h) the period during which the product passport shall remain available which shall correspond to at least the expected lifetime of a specific product.

Amendment  113

Proposal for a regulation

Article 8 – paragraph 3 – point a

 

Text proposed by the Commission

Amendment

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

(a) ensure that actors along the value chain, can easily access product information relevant to them;

Amendment  114

Proposal for a regulation

Article 9 – paragraph 1 – subparagraph 1 – point a

 

Text proposed by the Commission

Amendment

(a) it shall be connected through a data carrier to a unique product identifier;

(a) it shall be connected through a data carrier to a unique product identifier which shall identify the product, independently of any product passport’s identifier and of any internet domain name;

Amendment  115

Proposal for a regulation

Article 9 – paragraph 1 – subparagraph 1 – point d

 

Text proposed by the Commission

Amendment

(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;

(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, and shall be transferable through an open inter-operable data exchange network without vendor lock-in in accordance with the essential requirements set out in Article 10;

Amendment  116

Proposal for a regulation

Article 9 – paragraph 1 – subparagraph 1 – point d a (new)

 

Text proposed by the Commission

Amendment

 

(da) personal data related to the end-user of the product shall not be stored in the product passport;

Amendment  117

Proposal for a regulation

Article 9 – paragraph 3

 

Text proposed by the Commission

Amendment

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

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

Amendment  118

Proposal for a regulation

Article 10 – paragraph 1 – point a a (new)

 

Text proposed by the Commission

Amendment

 

(aa) product passports shall be interoperable with existing product databases, such as the Substances of Concern In articles, as such or in complex objects (Products) (SCIP) database and the European Product Registry for Energy Labelling (EPREL) database, whenever feasible and relevant;

Amendment  119

Proposal for a regulation

Article 10 – paragraph 1 – point b

 

Text proposed by the Commission

Amendment

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

(b) customers, end-users, manufacturers, importers and distributors, dealers, professional repairers, independent operators, refurbishers, remanufacturers, recyclers, competent national authorities, civil society organisations, trade unions and other relevant actors shall have free of charge 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  120

Proposal for a regulation

Article 10 – paragraph 1 – point b a (new)

 

Text proposed by the Commission

Amendment

 

(ba) product passports shall be designed and operated so that they are user-friendly;

Amendment  121

Proposal for a regulation

Article 10 – paragraph 1 – point c

 

Text proposed by the Commission

Amendment

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

(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;

Amendment  122

Proposal for a regulation

Article 12 a (new)

 

Text proposed by the Commission

Amendment

 

Article 12a

 

Comparison Platform

 

1.  By [enter the date 12 months after the entry into force of this Regulation], the Commission shall set up and maintain a publicly accessible online tool allowing stakeholders to compare information included in the product passports stored by the economic operator in accordance with Article 10(c). The tool shall be designed to guarantee that stakeholders can search for the information in line with their respective access rights pursuant to Article 10(1)(b).

Amendment  123

Proposal for a regulation

Article 14 – paragraph 1 – point b

 

Text proposed by the Commission

Amendment

(b) the layout of the label taking account visibility and legibility;

(b) the layout of the label ensuring visibility and legibility;

Amendment  124

Proposal for a regulation

Article 14 – paragraph 1 – point c

 

Text proposed by the Commission

Amendment

(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 the implications for the relevant economic operators;

(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, the requirements set out in Directive (EU) 2019/882, and the implications for the relevant economic operators;

Amendment  125

Proposal for a regulation

Article 14 – paragraph 2

 

Text proposed by the Commission

Amendment

2. Where an information requirement entails the inclusion in a label of the class of performance of a product as referred to in Article 7(4), the layout of the label referred to in paragraph 1, point (b), shall enable customers to easily compare product performance in relation to the relevant product parameter and to choose better performing products.

2. Where an information requirement entails the inclusion in a label of the class of performance of a product as referred to in Article 7(4), the layout of the label referred to in paragraph 1, point (b), shall be clear and easily understandable, and shall enable customers to easily compare product performance in relation to the relevant product parameter and to choose better performing products.

Amendment  126

Proposal for a regulation

Article 15 – paragraph 1

 

Text proposed by the Commission

Amendment

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 which are likely to mislead or confuse customers with respect to the labels provided for in Article 14.

Products shall not be placed on the market or put into service if they supply or display labels which are likely to mislead or confuse customers with respect to the labels provided for in Article 14, including where delegated acts adopted pursuant to Article 4 do not require products to have a label.

Amendment  127

Proposal for a regulation

Article 16 – paragraph 1 – point c

 

Text proposed by the Commission

Amendment

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

(c) the distribution of the climate and environmental impacts, energy use, resource use and waste generation across the value chain;

Amendment  128

Proposal for a regulation

Article 16 – paragraph 2 – subparagraph 1

 

Text proposed by the Commission

Amendment

The Commission shall adopt and regularly update a working plan, covering a period of at least 3 years, setting out a list of product groups for which it intends to establish ecodesign requirements in accordance with this Regulation. That list shall include products aspects referred to in Article 5(1) for which the Commission intends to adopt horizontal ecodesign requirements established pursuant to Article 5(2), second subparagraph.

The Commission shall adopt a working plan and make it publicly available, together with the relevant preparatory documents. The working plan shall set out a list of product groups for which it intends to establish ecodesign requirements in accordance with this Regulation and the estimated timelines for their establishment. That list shall include products aspects referred to in Article 5(1) for which the Commission intends to adopt horizontal ecodesign requirements established pursuant to Article 5(2), second subparagraph. The working plan shall cover a period of at least 3 years and it shall be regularly updated.

Amendment  129

Proposal for a regulation

Article 16 – paragraph 2 – subparagraph 2

 

Text proposed by the Commission

Amendment

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.

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 within an appropriate timeframe.

Amendment  130

Proposal for a regulation

Article 16 – paragraph 2 – subparagraph 2 a (new)

 

Text proposed by the Commission

Amendment

 

The Commission shall present the draft working plan and its updates to the European Parliament before their adoption.

Amendment  131

Proposal for a regulation

Article 16 – paragraph 2 – subparagraph 2 b (new)

 

Text proposed by the Commission

Amendment

 

For the period 2024-2027, the Commission shall consider prioritising the following product groups in the first working plan that is to be adopted no later than … [insert the date 3 months after the entry into force of this Regulation]. If any of the following product groups is not included in the working plan, the Commission shall provide a justification for its decision in the working plan:

 

-  iron, steel

 

-  aluminium

 

-  textiles, notably garments and footwear

 

-  furniture, including mattresses

 

-  tyres

 

-  detergents

 

-  paints

 

-  lubricants

 

-  chemicals

 

-  energy related products, the implementing measures for which need to be revised or newly defined

 

-  ICT products and other electronics.

Amendment  132

Proposal for a regulation

Article 16 – paragraph 2 – subparagraph 2 c (new)

 

Text proposed by the Commission

Amendment

 

Any absence of adequate performance and information requirements on the environment and carbon footprint for cement under [the forthcoming Regulation laying down harmonised conditions for the marketing of construction products, amending Regulation (EU) 2019/1020 and repealing Regulation (EU) 305/2011 (2022/0094 COD)] by 2027 shall trigger the inclusion of cement as a priority product category in the next working plan of this Regulation.

Amendment  133

Proposal for a regulation

Article 17 – paragraph 1

 

Text proposed by the Commission

Amendment

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 protection groups and consumer organisations. These parties shall contribute in particular to preparing ecodesign requirements, examining the effectiveness of the established market surveillance mechanisms and assessing self-regulation measures.

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, social enterprises and craft industry, waste management operators, standardisation organisations, trade unions and associations, traders, retailers, importers, environmental protection organisations, consumer organisations, researchers and other experts.

Amendment  134

Proposal for a regulation

Article 17 – paragraph 1 a (new)

 

Text proposed by the Commission

Amendment

 

The parties referred to in the first paragraph shall contribute in particular to preparing ecodesign requirements, and examining the effectiveness of the established market surveillance mechanisms and assessing self-regulation measures.

Amendment  135

Proposal for a regulation

Article 17 – paragraph 2 a (new)

 

Text proposed by the Commission

Amendment

 

The Commission shall publish on its website the upcoming meetings of the ‘Ecodesign Forum’, ensuring that relevant parties are informed in sufficient time before a consultation takes place.

 

Amendment  136

Proposal for a regulation

Article 17 – paragraph 2 b (new)

 

Text proposed by the Commission

Amendment

 

The Ecodesign Forum shall carry out its tasks in a fullt transparent manner. The Commission shall publish the adopted conclusions and minutes of the meetings of the Ecodesign Forum and all other relevant documents on the website of the Commission.

 

Amendment  137

Proposal for a regulation

Article 17 – paragraph 2 c (new)

 

Text proposed by the Commission

Amendment

 

The Ecodesign Forum may request the Commission to prepare ecodesign requirements for a particular product group. The Commission shall take such a request into consideration.

Amendment  138

Proposal for a regulation

Article 18 – paragraph 1

 

Text proposed by the Commission

Amendment

1. Two or more economic operators may submit a self-regulation measure establishing ecodesign requirements for products to the Commission as an alternative to a delegated act adopted pursuant to Article 4. Those operators shall provide evidence that the criteria referred to in paragraph 3, points (a) to (e), are fulfilled. With respect to paragraph 3, point (a), that evidence shall consist of a structured technical, environmental and economic analysis, justifying the ecodesign requirements and objectives of the self-regulation measure, and assessing the impacts of the ecodesign requirements set in that self-regulation measure.

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

Amendment  139

Proposal for a regulation

Article 18 – paragraph 2 – subparagraph 1 – introductory part

 

Text proposed by the Commission

Amendment

The self-regulation measure shall contain the following information:

The self-regulation measure submitted pursuant to paragraph 1 shall contain the following information:

Amendment  140

Proposal for a regulation

Article 18 – paragraph 2 – subparagraph 1 – point b

 

Text proposed by the Commission

Amendment

(b) the ecodesign requirements applicable to products covered by the self-regulation measure;

(b) the ecodesign requirements, as set out in Article 5, applicable to products covered by the self-regulation measure;

Amendment  141

Proposal for a regulation

Article 18 – paragraph 2 – subparagraph 1 – point d

 

Text proposed by the Commission

Amendment

(d) rules on information to be reported by signatories and on testing and inspections.

(d) rules on information to be reported by signatories and rules on testing and inspections;

Amendment  142

Proposal for a regulation

Article 18 – paragraph 2 – subparagraph 1 – point d a (new)

 

Text proposed by the Commission

Amendment

 

(da) rules on the consequences of the non-compliance of a signatory;

Amendment  143

Proposal for a regulation

Article 18 – paragraph 2 – subparagraph 1 – point d b (new)

 

Text proposed by the Commission

Amendment

 

(db) an explanation as to how the self-regulation measure submitted pursuant to paragraph 1 improves 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 adopted pursuant to Article 4.

Amendment  144

Proposal for a regulation

Article 18 – paragraph 2 – subparagraph 2

 

Text proposed by the Commission

Amendment

The information referred to in this paragraph shall be kept up-to-date and be available on a publicly accessible website.

The information referred to in this paragraph shall be kept up-to-date and be available on a publicly accessible website of the Commission. The economic operators shall notify without delay the Commission of any changes to the self-regulation measure, in particular any changes to the signatories.

Amendment  145

Proposal for a regulation

Article 18 – paragraph 3 – subparagraph 1 – introductory part

 

Text proposed by the Commission

Amendment

The Commission shall assess the proposed self-regulation measure, and, where necessary, shall seek scientific advice from Union decentralised agencies. On the basis of that assessment, it shall establish whether it is a valid alternative to a delegated act adopted pursuant to Article 4 where the following criteria are fulfilled:

The Commission shall assess the proposed self-regulation measure, and, where necessary, shall seek scientific advice from Union decentralised agencies. The Commission shall also consult the Ecodesign forum on the self-regulation measure submitted pursuant to paragraph 1. On the basis of that assessment, it shall establish whether it is a valid alternative to a delegated act adopted pursuant to Article 4 where the following criteria are fulfilled:

Amendment  146

Proposal for a regulation

Article 18 – paragraph 3 – subparagraph 1 – point a

 

Text proposed by the Commission

Amendment

(a) the self-regulation measure contributes to improving the environmental sustainability of products and ensuring the free movement in the internal market quickly or at a lesser expense than a delegated act adopted pursuant to Article 4;

(a) the self-regulation measure contributes to improving the environmental sustainability of products in line with the objectives of this Regulation and ensuring the free movement in the internal market more quickly or at a lesser expense than a delegated act adopted pursuant to Article 4;

Amendment  147

Proposal for a regulation

Article 18 – paragraph 3 – subparagraph 2

 

Text proposed by the Commission

Amendment

The Commission shall adopt an implementing act containing a list of self-regulation measures established as valid alternatives to a delegated act adopted pursuant to Article 4. That implementing act shall be adopted in accordance with the advisory procedure referred to in Article 67(2).

The Commission shall adopt a delegated act in accordance with Article 66 containing a list of self-regulation measures established as valid alternatives to a delegated act adopted pursuant to Article 4. That delegated act shall be adopted in accordance with the advisory procedure referred to in Article 67(2).

Amendment  148

Proposal for a regulation

Article 18 – paragraph 4

 

Text proposed by the Commission

Amendment

4. The Commission may at any point in time request the signatories of a self-regulation measure to submit a revised and updated version of that measure in view of relevant market or technological developments within the product group concerned or where it has reason to believe that the criteria set out in paragraph 3 are no longer fulfilled.

4. The Commission may at any point in time request the signatories of a self-regulation measure to submit a revised and updated version of that measure in view of relevant market or technological developments within the product group concerned or where it has reason to believe that the criteria set out in paragraph 3 are no longer fulfilled. The signatories shall submit a revised and updated version of that measure within three months of the request made by the Commission.

Amendment  149

Proposal for a regulation

Article 18 – paragraph 5

 

Text proposed by the Commission

Amendment

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.

5. Once a self-regulation measure has been listed in a delegated 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 delegated 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. Where a signatory does not comply with the requirements of the self-regulation measure, it shall take corrective action. The independent inspector shall notify the Commission of the lack of compliance of a signatory. Progress reports, including compliance reports made by the independent inspector, and notifications about lack of compliance and corresponding corrective action shall be made available on a publicly accessible website of the Commission.

Amendment  150

Proposal for a regulation

Article 18 – paragraph 6

 

Text proposed by the Commission

Amendment

6. Where the Commission considers, based on information received pursuant to paragraphs 4 or 5, that a self-regulation measure no longer fulfils the criteria set out in paragraph 3, it shall delete it from the list referred to in that paragraph. In such cases, the Commission may decide to adopt ecodesign requirements applicable to the product covered by that self-regulation measure.

6. Where the Commission considers, based on information received pursuant to paragraphs 2, 4 or 5, that a self-regulation measure no longer fulfils the criteria set out in paragraph 3, it shall delete it from the list referred to in that paragraph. In such cases, the Commission may decide to adopt ecodesign requirements applicable to the product covered by that self-regulation measure.

Amendment  151

Proposal for a regulation

Article 19 – paragraph 1

 

Text proposed by the Commission

Amendment

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

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

Amendment  152

Proposal for a regulation

Article 19 – paragraph 2

 

Text proposed by the Commission

Amendment

2. When adopting delegated acts pursuant to Article 4 the Commission shall, where appropriate, accompany those acts with guidelines covering specificities of SMEs active in the product or product group sector affected for facilitating the application of this Regulation by SMEs.

2. When adopting delegated acts pursuant to Article 4 the Commission shall, where appropriate, accompany those acts with guidelines covering specificities of micro-enterprises and SMEs active in the product or product group sector affected for facilitating the application of this Regulation by micro-enterprises and SMEs. The Commission shall consult micro-enterprises’ and SMEs’ representative organisations in the drafting of the guidelines.

Amendment  153

Proposal for a regulation

Article 19 – paragraph 3 – subparagraph 1

 

Text proposed by the Commission

Amendment

Member States shall take appropriate measures to help SMEs apply ecodesign requirements set out in delegated acts adopted pursuant to Article 4..

Member States shall take appropriate measures to help micro-enterprises and SMEs apply ecodesign requirements set out in delegated acts adopted pursuant to Article 4. When preparing such measures, Member States shall consult micro-enterprises’ and SMEs’ representative organisations.

Amendment  154

Proposal for a regulation

Article 19 – paragraph 3 – subparagraph 2

 

Text proposed by the Commission

Amendment

Those measures shall at least include ensuring the availability of one-stop shops or similar mechanisms to raise awareness and create networking opportunities for SMEs to adapt to requirements.

Those measures shall at least include ensuring the availability of one-stop shops or similar mechanisms to raise awareness and create networking opportunities for micro-enterprises and SMEs to adapt to requirements. Those measures shall also at least include specific mechanisms to facilitate compliance with the requirements set out in Articles 8 to 12a and with conducting life cycle assessments.

Amendment  155

Proposal for a regulation

Article 19 – paragraph 3 – subparagraph 3 – point a

 

Text proposed by the Commission

Amendment

(a) financial support, including by giving fiscal advantages and providing physical and digital infrastructure investments;

(a) financial support, including by giving fiscal advantages, enabling participation in the Ecodesign Forum, providing physical and digital infrastructure investments;

Amendment  156

Proposal for a regulation

Article 20 – paragraph 1 – subparagraph 1 – point a

 

Text proposed by the Commission

Amendment

(a) the number of unsold consumer products discarded per year, differentiated per type or category of products;

(a) the number and percentage of unsold consumer products discarded per year, differentiated per type or category of products;

Amendment  157

Proposal for a regulation

Article 20 – paragraph 1 – subparagraph 1 – point c

 

Text proposed by the Commission

Amendment

(c) the delivery of discarded products to preparing for re-use, remanufacturing, recycling, energy recovery and disposal operations in accordance with the waste hierarchy as defined by Article 4 of Directive 2008/98/EC.

(c) the delivery of discarded products to donation, preparing for re-use, remanufacturing, recycling, energy recovery and disposal operations in accordance with the waste hierarchy as defined by Article 4 of Directive 2008/98/EC.

Amendment  158

Proposal for a regulation

Article 20 – paragraph 1 – subparagraph 2

 

Text proposed by the Commission

Amendment

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

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

Amendment  159

Proposal for a regulation

Article 20 – paragraph 2 – subparagraph 1

 

Text proposed by the Commission

Amendment

The Commission may adopt implementing acts setting out the format for the disclosure of the information referred to in paragraph 1, including the type or category and how the information is to be verified.

The Commission shall adopt implementing acts setting out the format for the disclosure of the information referred to in paragraph 1, including the type or category and how the information is to be verified.

Amendment  160

Proposal for a regulation

Article 20 – paragraph 3 – subparagraph 1

 

Text proposed by the Commission

Amendment

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

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, where the destruction of unsold consumer products falling within a certain product group has non-negligible environmental impact.

Amendment  161

Proposal for a regulation

Article 20 – paragraph 3 – subparagraph 1 a (new)

 

Text proposed by the Commission

Amendment

 

On the basis of information provided under paragraph 1, the Commission shall by ... [insert the date 2 years after the entry into force of this Regulation] and every 3 years thereafter publish a report on the destruction of unsold goods. In that report, the Commission shall identify the products for which it considers necessary to adopt a delegated act prohibiting the destruction of unsold goods.

Amendment  162

Proposal for a regulation

Article 20 – paragraph 3 – subparagraph 2 – point a

 

Text proposed by the Commission

Amendment

(a) health and safety concerns;

(a) health, hygiene and safety concerns;

Amendment  163

Proposal for a regulation

Article 20 – paragraph 3 – subparagraph 2 – point b

 

Text proposed by the Commission

Amendment

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

(b) damage to products that cannot be repaired in a cost-effective manner as a result of their handling or detected after a product has been returned;

Amendment  164

Proposal for a regulation

Article 20 – paragraph 3 – subparagraph 2 – point c

 

Text proposed by the Commission

Amendment

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

deleted

Amendment  165

Proposal for a regulation

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

 

Text proposed by the Commission

Amendment

 

(da) counterfeit products.

Amendment  166

Proposal for a regulation

Article 20 – paragraph 5 – subparagraph 1 – point a

 

Text proposed by the Commission

Amendment

(a) the number of unsold consumer products destroyed;

(a) the number and percentage of unsold consumer products destroyed;

Amendment  167

Proposal for a regulation

Article 20 – paragraph 6 a (new)

 

Text proposed by the Commission

Amendment

 

6a. The Commission shall provide economic operators with sufficient time to adjust to new requirements.

Amendment  168

Proposal for a regulation

Article 20 a (new)

 

Text proposed by the Commission

Amendment

 

Article 20a

 

1.  One year after ... [insert the date of the entry into force of this Regulation], the destruction of unsold consumer products by economic operators shall be prohibited for the following product categories:

 

(a) textiles and footwear;

 

(b)  electrical and electronic equipment.

 

2.  The Commission shall be empowered to adopt delegated acts in accordance with Article 66 to supplement this Regulation to set out certain exemptions from the prohibitions referred to in paragraph 1 where it is appropriate taking into account the following:

 

(a)  health, hygiene and safety concerns;

 

(b)  damage to products that cannot be repaired in a cost-effective manner as a result of their handling or detected after a product has been returned;

 

(c)  refusal of products for donation, preparing for re-use or remanufacturing;

 

(d) counterfeit products.

 

3.  Where unsold products are destroyed under an exemption referred to in paragraph 2, the responsible economic operator shall disclose on a freely accessible website or otherwise make publicly available:

 

(a)  the number and percentage of unsold products destroyed;

 

(b) the reasons for the destruction of the unsold products, referring to the applicable exemption;

 

(c) the delivery of the products destroyed to recycling, energy recovery and disposal operations in accordance with the waste hierarchy as defined by Article 4 of Directive 2008/98/EC.

 

The details of and format for the disclosure of information provided for in the implementing act adopted pursuant to Article 20(2) shall apply to the information to be disclosed pursuant to this paragraph, unless the delegated act adopted pursuant to paragraph 2 provides otherwise.

 

4.  This Article shall not apply to SMEs.

 

However, the Commission may, in the delegated acts adopted pursuant to paragraph 2, provide that the prohibition of the destruction of unsold consumer products referred to in paragraph 1 or the disclosure obligation referred to in paragraph 3 shall apply to:

 

(a) medium-sized enterprises, where there is sufficient evidence that they account for a substantial proportion of unsold consumer products being destroyed;

 

(b) micro-enterprises and small or medium-sized enterprises, where there is sufficient evidence that they may be used to circumvent the prohibition on the destruction of unsold consumer products referred to in paragraph 1 or the disclosure obligation referred to in paragraph 3.

Amendment  169

Proposal for a regulation

Article 21 – paragraph 3

 

Text proposed by the Commission

Amendment

3. Manufacturers shall keep the technical documentation and the EU declaration of conformity for 10 years after the product has been placed on the market or put into service. Delegated acts adopted pursuant to Article 4 may specify a period longer or shorter than 10 years in order to take account of the nature of the products or requirements concerned.

3. Manufacturers shall keep the technical documentation and the EU declaration of conformity for 10 years after the product has been placed on the market or put into service. Delegated acts adopted pursuant to Article 4 may specify a period longer or shorter than 10 years in order to take account of the nature of the products, the complexity of the information to be provided, or requirements concerned.

Amendment  170

Proposal for a regulation

Article 21 – paragraph 7

 

Text proposed by the Commission

Amendment

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

7. Manufacturers shall ensure that a product covered by a delegated act adopted pursuant to Article 4 is accompanied by instructions in digital format that enable consumers and other end-users to safely assemble, install, operate, store, maintain, repair and dispose of the product in a language that can be easily understood by consumers and other end-users, as determined by the Member State concerned. Such instructions shall be clear, understandable and legible and include at least the information specified in the delegated acts adopted pursuant to Article 4 and pursuant to Article 7(2)(b), point (ii). The delegated acts adopted pursuant to Article 4 shall also specify the period during which such instructions shall be made accessible online. Such period shall not be less that 10 years after placing the product on the market.

Amendment  171

Proposal for a regulation

Article 21 – paragraph 7 a (new)

 

Text proposed by the Commission

Amendment

 

7a. When providing the instructions referred to in paragraph 7, the manufacturer shall present them in a format that makes it possible to download them and save on an electronic device so that the consumer or other end-user can access them at all times.

Amendment  172

Proposal for a regulation

Article 21 – paragraph 7 b (new)

 

Text proposed by the Commission

Amendment

 

7b. 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  173

Proposal for a regulation

Article 21 – paragraph 7 c (new)

 

Text proposed by the Commission

Amendment

 

7c. The delegated acts adopted pursuant to Article 4 may specify, in well-justified cases, that certain concise information forming part of the instructions provided for in paragraph 7 of this Article may be provided in paper format.

Amendment  174

Proposal for a regulation

Article 21 – paragraph 8 – subparagraph 1

 

Text proposed by the Commission

Amendment

Manufacturers who consider or have reason to believe that a product covered by a delegated act adopted pursuant to Article 4 that they have been placed on the market or put into service is not in conformity with the requirements set out in those delegated acts shall immediately take the necessary corrective measures to bring that product into conformity, to withdraw it or recall it, if appropriate.

Manufacturers who consider or have reason to believe that a product covered by a delegated act adopted pursuant to Article 4 that they has been placed on the market or put into service is not in conformity with the requirements set out in those delegated acts shall without undue delay take the necessary corrective measures to bring that product into conformity, or to immediately withdraw it or recall it, if appropriate.

Amendment  175

Proposal for a regulation

Article 21 – paragraph 8 a (new)

 

Text proposed by the Commission

Amendment

 

8a. Manufacturers shall establish publicly available communication channels such as a telephone number, electronic address or dedicated section of their website, taking into account the accessibility needs for persons with disabilities, in order to allow end-users to submit complaints or concerns regarding the potential non-conformity of products.

 

Manufacturers shall take appropriate measures when they consider that there is a case of non-compliance with the requirements set out in this Regulation, and inform market surveillance authorities. Manufacturers shall keep a register of complaints and concerns only as long as it is necessary for the purpose of this Regulation and make it available upon request from a market surveillance authority.

Amendment  176

Proposal for a regulation

Article 21 – paragraph 9 – subparagraph 1

 

Text proposed by the Commission

Amendment

Manufacturers shall, further to a reasoned request from a competent national authority, provide all the information and documentation necessary to demonstrate the conformity of the product, including the technical documentation in a language that can be easily understood by that authority. That information and documentation shall be provided in either paper or electronic form. The relevant documents shall be made available within 10 days of receipt of a request by a competent national authority.

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 as soon as possible and no later than within 15 days of receipt of a request by a competent national authority.

Amendment  177

Proposal for a regulation

Article 22 – paragraph 2 – point d

 

Text proposed by the Commission

Amendment

(d) further to a request from a competent national authority, make available relevant documents within 10 days of the receipt of such a request ;

(d) further to a request from a competent national authority, make available relevant documents as soon as possible and no later than within 15 days of the receipt of such a request;

Amendment  178

Proposal for a regulation

Article 23 – paragraph 4

 

Text proposed by the Commission

Amendment

4.