93 Amendments of Biljana BORZAN related to 2022/0095(COD)
Amendment 104 #
Proposal for a regulation
Recital 5
Recital 5
(5) This Regulation will contribute to making products and digital services fit for a climate-neutral, resource-efficient and circular economy, in which economic sustainable growth is decoupled from resource use, reducing waste and ensuring that the performance of frontrunners in sustainability progressively becomes the norm. It should provide for the setting of new ecodesign requirements to improvmaximise product durability, reusability, upgradability and reparability, improvensure possibilities for refurbishment and maintenance, address the presence of hazardous chemicals in products, increase their energy and resource efficiency, reducminimise their expected generation of waste materials and increase recycled content in products, while ensuring their performance and safety, enabling remanufacturing and high-quality recycling and reducing carbon and environmental footprints. in order to achieve a fully circular economy by 205029a. _________________ 29a https://eur- lex.europa.eu/resource.html?uri=cellar:9 903b325-6388-11ea-b735- 01aa75ed71a1.0017.02/DOC_1&format= PDF
Amendment 108 #
Proposal for a regulation
Recital 6
Recital 6
(6) The European Parliament, in its Resolution of 25 November 2020 ‘Towards a more sustainable single market for business and consumers’30 , welcomedcalled for promoting durable products which are easier to repair, re-use and recycle, while improving consumer rights, including through information requirements on lifetime and reparability of products and extended legal guarantee periods. In its report on the New Circular Economy Action Plan adopted on 16 February 202131 , the European Parliament further endorsed the agenda presented by the Commission in the CEAP. It considered that the transition to a circular economy can provide solutions to address the current environmental challenges and the economic crisis brought on by the COVID- 19 pandemic. The Council, in its conclusions on ‘Making the Recovery Circular and Green’ adopted on 11 December 202032 , also welcomed the Commission’s intention to submit legislative proposals as part of a comprehensive and integrated sustainable product policy framework that promotes climate neutrality, energy and resource efficiency and a non-toxic circular economy, protects public health and biodiversity, and empowers and protects consumers and public buyers. _________________ 30 P9_TA(2020)0318. 31 P9_TA(2021)0040. 32 13852/20.
Amendment 111 #
Proposal for a regulation
Recital 10
Recital 10
(10) Directive 2009/125/EC has been generally successful in fostering the energy efficiency and some circularity aspects of energy-related products, and its approach has the potential to progressively address the sustainability of all products. To deliver on Green Deal commitments, this approach should be extended to other product groups and systematically address key aspects for increasing the environmental and social sustainability of products with binding requirements. By ensuring that only products that meet those requirements are placed on the Union market, this Regulation should not only improve the free movement of such products by avoiding national disparities, but also reduce the negative life cycle environmental impacts of products for which such requirements are set.
Amendment 115 #
Proposal for a regulation
Recital 11
Recital 11
(11) In order to create an effective and future-proof regulatory framework, it is necessary to allow for the setting of ecodesign requirements on all physical goods placed on the market or put into service, including components and intermediate products. This should allow the Commissions to take into account the broadest range of products possible when prioritising the establishment of ecodesign requirements and thereby maximise their effectiveness. Where needed, specific exemptions should be made when setting ecodesign requirements, for example for products with a particular purpose that could not be fulfilled when complying with ecodesgin requirements, or for second- hand products that were originally manufactured before the entry into force of this Regulation or of the relevant Delegated Act. In addition, exemptions should be made at the level of the framework for those products for which it is already clear that ecodesign requirements would not be suitable or where other frameworks provide for the setting of such requirements. This should be the case for food and feed as defined in Regulation (EC) No 178/2002 of the European Parliament and of the Council44 , medicinal products for human use as defined in Directive 2001/83/EC of the European Parliament and of the Council45 , veterinary medicinal products as defined in Regulation (EU) 2019/6 of the European Parliament and of the Council46 , living plants, animals and micro-organisms, products of human origin, and products of plants and animals relating directly to their future reproduction. _________________ 44 Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety (OJ L 31, 1.2.2002, p. 1). 45 Directive 2001/83/EC of the European Parliament and of the Council of 6 November 2001 on the Community code relating to medicinal products for human use (OJ L 311, 28.11.2001, p. 67). 46 Regulation (EU) 2019/6 of the European Parliament and of the Council of 11 December 2018 on veterinary medicinal products and repealing Directive 2001/82/EC (OJ L 4, 7.1.2019, p. 43).
Amendment 118 #
Proposal for a regulation
Recital 13
Recital 13
(13) In order to improve the environmental sustainability of products and to ensure the free movement of products in the internal market, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission to supplement this Regulation by setting out ecodesign requirements. Those ecodesign requirements should in principle apply to specific product groups, such as washing machines or washing machines and washer dryers. In order to maximise the effectiveness of ecodesign requirements and to efficiently improve environmental and social sustainability of products, it should also be possible to set out one or more horizontal ecodesign requirements for a wider range of products groups, such as electronic appliances or textiles. Horizontal ecodesign requirements should be established where the technical similarities of product groups allow their environmental sustainability to be improved based on the same requirements. Overall horizontal requirements should also be developed with regard to specific product aspects such as durability and reparability to ensure that such requirements apply across all new products and be implemented in delegated acts.
Amendment 119 #
Proposal for a regulation
Recital 14
Recital 14
(14) In order to allow the Commission to set requirements as appropriate to the product groups covered, ecodesign requirements should include performance and information requirements. Those requirements should be used to improve product aspects relevant for environmental and social sustainability, such as energy efficiency, durability, reparability and carbon and environmental footprints. Ecodesign requirements should be transparent, objective, proportionate, and in compliance with international trade rules.
Amendment 126 #
Proposal for a regulation
Recital 23
Recital 23
(23) To improve environmental sustainability of products, information requirements should relate to a selected product parameter relevant to the product aspect, such as the product’s environmental footprint or its durability. They mayshould require manufacturer to make available information on the product’s performance in relation to a selected product parameter or other information that may influence the way the product is handled by parties other than the manufacturer in order to improve performance in relation to such a parameter. Such information requirements should be set either in addition to, or in place of, performance requirements on the same product parameter as appropriate. Where a delegated act includes information requirements, it should indicate the method for making the required information available, such as its inclusion on a free- access website, product passport or product label. Essential information relating to health, safety and consumer rights should always be provided to consumers through physical means such as on product or a leaflet accompanying the product. Additional information should be provided in physical format upon request from consumers. Information requirements are necessary to lead to the behavioural change needed to ensure that the environmental sustainability objectives of this Regulation are achieved. By providing a solid basis for purchasers and public authorities to compare products on the basis of their environmental sustainability, information requirements are expected to drive consumers and public authorities towards more sustainable choices.
Amendment 129 #
Proposal for a regulation
Recital 24
Recital 24
(24) Where delegated acts include information requirements, they may in addition determine classes of performance in relation to one or more relevant product parameters, in order to facilitate comparison between products on the basis of that parameter. Classes of performance should enable differentiation of products based on their relative sustainability and could be used by both consumers and public authorities. As such, they are intended to drive the market towards more sustainable products. In this regard, information requirements with regard to durability and reparability of products play a central role for consumers to engage in sustainable consumption patterns. This Regulation should therefore establish criteria to be taken into account for developing a reparability score and durability index to be applied on certain product-categories. In addition to information requirements on the durability and reparability of products that are essential for consumers to make a purchasing decision for more durable products, displaying information on their rights, such as on the length of the legal guarantee of conformity and, where relevant, its voluntary extension by the manufacturer, is also important since they reliable indicators of a product's durability. Such information should therefore be part of the labels to be displayed at point of sale.
Amendment 131 #
Proposal for a regulation
Recital 26
Recital 26
(26) The information requirements set under this Regulation should include the requirement to make available a product passport. The product passport is an important tool for making information available to actors along the entire value chain and the availability of a product passport should significantly enhance end- to-end traceability of a product throughout its value chain. Among other things, the product passport should help consumers make informed choices easily by improving their access to product information relevant to them, allow economic operators other value chain actors such as repairers, reburbishers or recyclers to access relevant information, and enable competent national authorities to perform their duties. To this end, the product passport should not replace but complement non-digital forms of transmitting information, such as information in the product manual or on a label. In addition, it should be possible for the product passport to be used for information on other sustainability aspects applicable to the relevant product group pursuant to other Union legislation.
Amendment 147 #
Proposal for a regulation
Recital 48
Recital 48
(48) In order to avoid the destruction of unsold consumer products, where the destruction of such products is prevalent, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission to supplement this Regulation by prohibiting the destruction of such products. Given the wide range of products that may potentially be destroyed without ever being sold or used, it is necessary to establish such empowerment in this Regulation. However, tThe prohibition set in the delegated acts should in principle apply to specific all product groups to be determined based on an assessment by the Commission of the extent toas an overall horizontal requirement. The Commission may consider specific targeted and limited exemptions in delegated acts under which the destruction of such products takes place in practice, taking into account the information made available by economic operators where appropriate. To ensure that this obligation is proportionate, the Commission should consider specific exemptions under which destroying unsold consumer products may still be permitted, for instance in view of health and safety concoying unsold consumer products for specific groups may still be permitted, only when there are well justified and evidence based health and safety concerns, and if these concerns would cause damage when the product is handled by a professional, such as second-hand economic operators, remanufacturers or recyclerns. To monitor the effectiveness of this prohibition and to dis-incentivise circumvention, economic operators should be required to disclose the number of unsold consumer products destroyed and the reasons for their destruction under applicable exemptions. Finally, to avoid any undue administrative burden on SMEs, they should be exempted from the obligations to disclose their unsold discarded products and from the prohibition to discard specific products groups set in delegated acts. However, where there is reasonable evidence that SMEs may be used to circumvent those obligations, the Commission should be able to require, in those delegated acts, for some product groups, that these obligations also apply to micro, small or medium sized enterprises.
Amendment 149 #
Proposal for a regulation
Recital 57
Recital 57
(57) Any importer or distributor that either places on the market a product covered by a delegated act adopted pursuant to this Regulation under the importer’s or distributor’s own name or trademark, or modifies such a product in such a way that compliance with this Regulation or with the relevant delegated act might be affected, should be considered to be the manufacturer and should assume the manufacturer’s obligations. Second- hand economic operators who make available on the market second-hand products or components, whether prepared for re-use, checked, cleaned, repaired, refurbished or without any action on the product should not be considered modifying a product in a way that compliance with this Regulation or with the relevant delegated act might be affected.
Amendment 150 #
Proposal for a regulation
Recital 57 a (new)
Recital 57 a (new)
(57 a) Second-hand sectors, including refurbishment, play a specific role to promote sustainable consumption patterns and in the development of circular business models. Due to the specificities of those sectors, the role of second-hand economic operators along the value chain and related obligations must be distinguished from the ones applying to manufacturers, authorised representatives, importers, distributors or dealers of new products by specifying what should be the rules applicable to them.
Amendment 151 #
Proposal for a regulation
Recital 57 b (new)
Recital 57 b (new)
Amendment 152 #
Proposal for a regulation
Recital 58
Recital 58
(58) Online marketplaces play a crucial role in the supply chain, allowing economic operators to reach a large number of customers. Given their important role in intermediating the sale of products between economic operators and customers, online marketplaces should take responsibility for addressing the sale of products that do not comply with ecodesign requirements and should cooperate with market surveillance authorities. Given that a big part of non- compliant sales with EU legislation are related to third-party traders on online marketplaces, obligations established by this Regulation should apply to platforms where suppliers can place advertisement social media services, otherwise consumers could be confronted with misleading advertisement for products in the scope of this Regulation. Directive 2000/31/EC of the European Parliament and of the Council72 provides the general framework for e- commerce and lays down certain obligations for online platforms. Regulation […/…] on a Single Market for Digital Services (Digital Services Act) and amending Directive 2000/31/EC73 regulates the responsibility and accountability of providers of intermediary services online with regard to illegal content, including products that do not comply with ecodesign requirements. Building on this general framework, specific requirements to effectively address the sale of non-compliant products online should be brought in. _________________ 72 Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (‘Directive on electronic commerce’) (OJ L 178, 17.7.2000, p. 1). 73 [Add reference when adopted Proposal for a regulation of the European Parliament and of the Council on a Single Market For Digital Services (Digital Services Act) and amending Directive 2000/31/EC (COM(2020)825 final)].
Amendment 154 #
Proposal for a regulation
Recital 88
Recital 88
(88) Effective enforcement of ecodesign requirements is essential to ensure equal competition in the Union market and to ensure that this Regulation’s expected benefits and contribution to achieving the Union’s climate, energy and circularity objectives are achieved. Therefore, Regulation (EU) 2019/1020 setting out a horizontal framework for market surveillance and control of products entering the Union market should apply to products for which ecodesign requirements are set pursuant to this Regulation, in so far as there are no specific provisions with the same objective, nature or effect in this Regulation. In addition, to lower the problematic levels of non-compliance of products covered by implementing measures adopted under Directive 2009/125/EC, to better prevent non- compliance with future ecodesign requirements, and taking account of the broader scope and increased ambition of this Regulation compared to Directive 2009/125/EC, this Regulation should contain specific additional rules complemting the framework created by Regulation (EU) 2019/1020. Those specific additional rules should be aimed at further strengthening the planning, coordination and support of Member State efforts and should provide additional tools for the Commission to ensure sufficient action is taken by market surveillance authroties to prevent non-compliance with ecodesign requirements and re-establish conformity where relevant.
Amendment 155 #
Proposal for a regulation
Recital 95
Recital 95
(95) To support Member States in their efforts to ensure sufficient action is taken to prevent non-compliance with ecodesign requirements, the Commission should, where relevant, make use of the support measures provided for in Regulation (EU) 2019/1020. The Commission should organise and, where appropriate finance, joint market surveillance and testing projects in areas of common interest, joint investments in market surveillance capacities and common trainings for the staff of market surveillance authorities, notifying authorities and notified bodies. In addition, the Commission should draw up guidelines on how to apply and enforce ecodesign requirements where necessary to ensure their harmonised application.
Amendment 157 #
Proposal for a regulation
Article 1 – paragraph 1 – subparagraph 1 – introductory part
Article 1 – paragraph 1 – subparagraph 1 – introductory part
This Regulation establishes a framework to improve the social environmental sustainability of products and digital services and to ensure free movement in the internal market by setting ecodesign requirements that products and digital services shall fulfil to be placed on the market or put into service. Those ecodesign requirements, which shall be further elaborated by the Commission in delegated acts, relate to:
Amendment 164 #
Proposal for a regulation
Article 2 – paragraph 1 – point 1 a (new)
Article 2 – paragraph 1 – point 1 a (new)
(1 a) 'digital service' means: (a) a service that allows the consumer to create, process, store or access data in digital form, or (b) a service that allows the sharing of or any other interaction with data in digital form uploaded or created by the consumer or other users of that service.
Amendment 168 #
Proposal for a regulation
Article 2 – paragraph 1 – point 17
Article 2 – paragraph 1 – point 17
(17) ‘upgrading’ means enhancing the functionality, performance, capacity, or aestheticssafety of a product;
Amendment 169 #
Proposal for a regulation
Article 2 – paragraph 1 – point 17 a (new)
Article 2 – paragraph 1 – point 17 a (new)
(17 a) ‘software update’ means either a conformity update or a functionality update, that is necessary to keep goods with digital elements, digital content and digital services in conformity in accordance with Directives (EU) 2019/770 and (EU) 2019/771;
Amendment 170 #
Proposal for a regulation
Article 2 – paragraph 1 – point 17 b (new)
Article 2 – paragraph 1 – point 17 b (new)
(17 b) ‘conformity update’ means an operating system update, including security patches or bugs fixes, if relevant for a given device, whose purpose is to keep the good in conformity, by providing enhanced security or corrective measures for the device;
Amendment 171 #
Proposal for a regulation
Article 2 – paragraph 1 – point 17 c (new)
Article 2 – paragraph 1 – point 17 c (new)
(17 c) ‘functionality update’ means an operating system update that is not necessary to keep the device inconformity and whose purpose is to improve current functionalities and/or implement new functionalities;
Amendment 172 #
Proposal for a regulation
Article 2 – paragraph 1 – point 18
Article 2 – paragraph 1 – point 18
(18) ‘refurbishment’ means preparing or modifyingtesting, and where necessary performing repair and maintenance, as well as deleting data connected to the previous use, including personal data, in case of electronic devices, an object that is waste or a second- hand product to restore its performance or functionality within the intended use, range of performance and maintenance originally conceived at the design stage before making it available on the market, or to meet applicable technical standards or regulatory requirements, with. Refurbishment may also include improving the raesult of making a fully functionalthetics of the product;
Amendment 177 #
Proposal for a regulation
Article 2 – paragraph 1 – point 21
Article 2 – paragraph 1 – point 21
(21) ‘durability’ means the ability of a product to function as required, under specifiednd maintain for a certain period of time its required function and performance, under normal conditions of use, maintenance and repair, until a limiting event prevents its functioning;
Amendment 178 #
Proposal for a regulation
Article 2 – paragraph 1 – point 37
Article 2 – paragraph 1 – point 37
(37) ‘unsold consumer product’ means any consumer product that has not been sold, including surplus, excessive inventory, overstock, deadstock and samples, or that has been returned by a consumer in view of their right of withdrawal in accordance with Article 9 of Directive (EU) 2011/83/EU;
Amendment 184 #
Proposal for a regulation
Article 2 – paragraph 1 – point 46 a (new)
Article 2 – paragraph 1 – point 46 a (new)
(46 a) ‘Second-hand economic operator’ means an economic operator who makes second-hand products or components, available on the market, including the preparation for re-use, refurbishing.
Amendment 188 #
Proposal for a regulation
Article 2 – paragraph 1 – point 55
Article 2 – paragraph 1 – point 55
(55) ‘online marketplace’ means a provider of an intermediary service using software, including a website, part of a website or an application, thatan online interface which allows customers to conclude distance contracts with economic operators for the sale of products covered by delegated acts adopted pursuant to Article 4;
Amendment 189 #
Proposal for a regulation
Article 2 – paragraph 1 – point 55 a (new)
Article 2 – paragraph 1 – point 55 a (new)
(55 a) 'online interface' means any software, including a website, part of a website or an application, including mobile applications;
Amendment 194 #
Proposal for a regulation
Article 2 – paragraph 1 – point 59 a (new)
Article 2 – paragraph 1 – point 59 a (new)
(59 a) Life cycle cost means an approach that assesses the total cost of an asset over its operational life cycle, including initial capital costs, maintenance costs and operating costs.
Amendment 202 #
Proposal for a regulation
Article 3 – paragraph 2 – subparagraph 1
Article 3 – paragraph 2 – subparagraph 1
Member States shall not prohibit, restrict or impede the placing on the market or putting into service of products that comply with the performance requirements set out in delegated acts adopted pursuant to Article 4 for reasons of non-compliance with national performance requirements relating to product parameters referred to in Annex I covered by performance requirements included in such delegated acts.
Amendment 203 #
Proposal for a regulation
Article 3 – paragraph 2 – subparagraph 2
Article 3 – paragraph 2 – subparagraph 2
Member States shall not prohibit, restrict or impede the placing on the market or putting into service of products that comply with the information requirements set out in delegated acts adopted pursuant to Article 4 for reasons of non-compliance with national information requirements relating to product parameters referred to in Annex I covered by information requirements included such delegated act.
Amendment 207 #
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
The Commission is empowered to adopt delegated acts in accordance with Article 66 to supplement this Regulation by establishing ecodesign requirements for, or in relation to, products to improve their environmental sustainability. Those requirements shall include the elements listed in Annex VI and shall be established in accordance with Articles 5, 6 and 7 and Chapter III. The empowerment to adopt ecodesign requirements includes the power to establish that no performance requirements, no information requirements or neither performance nor information requirements are necessary for certain specified product parameters referred to in Annex I, especially for second-hand products, if they were placed or made available on the market before the entry into force of this Regulation or of the relevant Delegated Act.
Amendment 221 #
Proposal for a regulation
Article 4 – paragraph 3 – point h a (new)
Article 4 – paragraph 3 – point h a (new)
(h a) specifying rules to provide for longer period for the legal guarantee of conformity based on the product parameters referred to in Annex I, point (a).
Amendment 224 #
Proposal for a regulation
Article 4 – paragraph 3 – point h b (new)
Article 4 – paragraph 3 – point h b (new)
(h b) establishing due diligence obligations for economic operators with regard to the environmental and social impacts referred to in paragraph 1(m) of Article 5.
Amendment 227 #
Proposal for a regulation
Article 5 – paragraph 1 – introductory part
Article 5 – paragraph 1 – introductory part
1. The Commission shall, as appropriate to the relevant product groups and with due consideration for all stages of their life cycle, establish ecodesign requirements to improve the following product aspects considering possible interdependences:
Amendment 234 #
Proposal for a regulation
Article 5 – paragraph 1 – point n a (new)
Article 5 – paragraph 1 – point n a (new)
(n a) compliance with new legislation on social and labour standards along the value chain;
Amendment 238 #
Proposal for a regulation
Article 5 – paragraph 2 – subparagraph 3
Article 5 – paragraph 2 – subparagraph 3
Amendment 245 #
Proposal for a regulation
Article 5 – paragraph 4 – point a – point v a (new)
Article 5 – paragraph 4 – point a – point v a (new)
(v a) consider the interdependence between different parameters of a product;
Amendment 259 #
Proposal for a regulation
Article 5 – paragraph 7
Article 5 – paragraph 7
7. The Commission shall, where appropriate, identify appropriate means of verification for specific ecodesign requirements, including directly on the product or on the basis of the technical documentation.
Amendment 260 #
Proposal for a regulation
Article 5 – paragraph 7 a (new)
Article 5 – paragraph 7 a (new)
7 a. Durability index 1.Information on product parameters referred to in point (a) of Annex I shall be displayed to consumers in a clear and visible way prior to the time of purchase pursuant to the requirements under Article 14 of this Regulation and shall ensure for consumers to easily compare the characteristics of products with regard to their durability. 2.By [2 years after entry into force], the Commission shall adopt a delegated act specifying the methodology and calculation methods to deploy a durability index and the classes of performance to be displayed.The delegated act shall also specify the product categories to which it will apply. 3. In addition to the requirements of paragraph 1 of this Article, distributors and dealers, as applicable, shall provide consumers with clear and easy-to- understand information prior to the time of purchase on the guaranteed lifetime of a product. This label shall include as a minimum the information of the length of the legal guarantee of conformtiy and its voluntary extension by the manufacturer.
Amendment 262 #
Proposal for a regulation
Article 5 – paragraph 8 a (new)
Article 5 – paragraph 8 a (new)
Amendment 266 #
Proposal for a regulation
Article 7 – paragraph 2 – point b – paragraph 1 – point i
Article 7 – paragraph 2 – point b – paragraph 1 – point i
(i) information on the performance of the product in relation to the product parameters referred to in Annex I. For product parameters referred to in points (a) and (b) of Annex I, the information shall be displayed in an easy-to- understand and clearly visible manner prior to the time of purchase, including in case of distance selling, pursuant to requirements under Article 14 of this Regulation;
Amendment 267 #
Proposal for a regulation
Article 7 – paragraph 2 – point b – paragraph 1 – point ii
Article 7 – paragraph 2 – point b – paragraph 1 – point ii
(ii) A leaflet laying out information for consumers and other end-users on how to install, use, maintain and repair the product in order to minimise its impact on the environment and to ensure optimum durability, as well as on how to return or dispose of the product at end-of-life;
Amendment 277 #
Proposal for a regulation
Article 7 – paragraph 7
Article 7 – paragraph 7
7. The information to be supplied pursuant to information requirements shall be provided in a language which can be easily understood by consumers and other end-users, as determined by the Member State in which the product is to be made available on the market or put into service prior to the purchase of a product.
Amendment 278 #
Proposal for a regulation
Article 7 – paragraph 7 a (new)
Article 7 – paragraph 7 a (new)
Amendment 280 #
7 b. In order to avoid barriers to the free circulation of products, where possible, when establishing the layout and contents of the label, the Commission shall favour EU-wide labels that would not require any translation or adaptation to geographical specificities.
Amendment 281 #
Proposal for a regulation
Article 7 a (new)
Article 7 a (new)
Article 7 a Label on ecodesign features of digital services For digital services not incorporated or interconnected with a tangible movable item and regulated under a product- related delegated act, the Commission shall establish ecodesign criteria and methodology to distinguish providers engaging in ambitious ecodesign aspects fo their digital services, such as on energy and resource efficiency as well as carbon and environmental footprints. Such label should enable consumers, enterprises and public authorities to choose digital services with a view to sustainability and resources consumption reduction.
Amendment 289 #
Proposal for a regulation
Article 8 – paragraph 2 – point f
Article 8 – paragraph 2 – point f
(f) the actors that shall have access to information in the product passport and to what information they shall have access, including customers, end-users, manufacturers, importers and distributors, dealers, repairers, refurbishers, remanufacturers, recyclers, competent national authorities, public interest organisations and the Commission, or any organisation acting on their behalf;
Amendment 291 #
Proposal for a regulation
Article 8 – paragraph 2 – point g
Article 8 – paragraph 2 – point g
(g) the actors that may introduce or update the information in the product passport, including where needed the creation of a new product passport, and what information they may introduce or update, including manufacturers, repairers, refurbishers, maintenance professionals, remanufacturers, recyclers, competent national authorities, and the Commission, or any organisation acting on their behalf;
Amendment 318 #
Proposal for a regulation
Article 9 – paragraph 1 – subparagraph 1 – point b
Article 9 – paragraph 1 – subparagraph 1 – point b
(b) the data carrier shall be physically present on the product, its packaging or on documentation accompanying the product, as specified in the applicable delegated act adopted pursuant to Article 4, and accessible to the consumer prior to the purchase of said product ;
Amendment 323 #
(f a) Within the information provided to consumers, it should be prohibited to use specific names of plants, tree-based or sustainable raw materials in product names and descriptions without the presence of such components in the product.
Amendment 326 #
Proposal for a regulation
Article 9 – paragraph 3
Article 9 – paragraph 3
3. The economic operator placing the product on the market shall provide dealers and online market places with a digital copy of the data carrier to allow the dealerm 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’safter receiving the request.
Amendment 327 #
Proposal for a regulation
Article 10 – paragraph 1 – point a a (new)
Article 10 – paragraph 1 – point a a (new)
(a a) product passports shall be fully interoperable with existing product databases such as the SCIP database and the EPREL database
Amendment 328 #
Proposal for a regulation
Article 10 – paragraph 1 – point c
Article 10 – paragraph 1 – point c
(c) the data included in the product passport shall be stored by the economic operator responsible for its creation or by operators authorised to act on their behalf. The economic operator and/or operators authorised to act on their behalf shall also maintain the data;
Amendment 338 #
Proposal for a regulation
Article 14 – paragraph 4 a (new)
Article 14 – paragraph 4 a (new)
4 a. In order to avoid barriers to the free circulation of products, where possible, when establishing the layout and contents of the label, the Commission shall favour EU-wide labels that would not require any translation or adaptation to geographical specificities.
Amendment 339 #
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
Where delegated acts adopted pursuant to Article 4 do not require products to have a label, those products may not be placed on the market or put into service if they supply or display labels, or any kind of information accompanying the product which are likely to mislead or confuse customers with respect to the labels provided for in Article 14.
Amendment 341 #
Proposal for a regulation
Article 20 – paragraph 3 – subparagraph 1
Article 20 – paragraph 3 – subparagraph 1
The Commission shall be empowered to adopt delegated acts in accordance with Article 66 to supplement this Regulation by prohibiting economic operators to destroy unsold consumer products in the Union, where the destruction of unsold consumer products falling within a certain product group has significant environmental impact.
Amendment 343 #
Proposal for a regulation
Article 20 – paragraph 3 – subparagraph 2 – introductory part
Article 20 – paragraph 3 – subparagraph 2 – introductory part
In the delegated acts adopted pursuant to the first subparagraph, the Commission shallmay set out certain exemptions to those prohibitions where it is appropriate in view of:
Amendment 344 #
Proposal for a regulation
Article 20 – paragraph 3 – subparagraph 2 – point a
Article 20 – paragraph 3 – subparagraph 2 – point a
(a) health and safety concerns;, and if these concerns would cause damage when the product is handled by a professional, such as second-hand economic operators, remanufacturers or recyclers.
Amendment 349 #
Proposal for a regulation
Article 20 – paragraph 3 – subparagraph 2 – point b
Article 20 – paragraph 3 – subparagraph 2 – point b
Amendment 350 #
Proposal for a regulation
Article 20 – paragraph 3 – subparagraph 2 – point c
Article 20 – paragraph 3 – subparagraph 2 – point c
Amendment 365 #
Proposal for a regulation
Article 21 – paragraph 8 – subparagraph 2 a (new)
Article 21 – paragraph 8 – subparagraph 2 a (new)
Manufacturers shall establish reporting channels and ensure their accessibility to allow for end-users to submit complaints or concerns regarding potential non- conformity of products. Manufacturers shall assess the complaints and concerns received, and inform market surveillance authorities in the case of suspected non- compliance of the product. Manufacturers shall keep a register of complaints and concerns received for 10 years and make it available upon request from a market surveillance authority.
Amendment 375 #
Proposal for a regulation
Article 23 – paragraph 7 a (new)
Article 23 – paragraph 7 a (new)
Amendment 380 #
Proposal for a regulation
Article 24 – paragraph 4 – subparagraph 1 a (new)
Article 24 – paragraph 4 – subparagraph 1 a (new)
Distributors shall establish reporting channels and ensure their accessibility to allow for end-users to submit complaints or concerns regarding potential non- conformity of products. Distributors shall assess the complaints and concerns received, and inform market surveillance authorities in the case of suspected non- compliance of the product. Distributors shall keep a register of complaints and concerns received for 10 years and make it available upon request from a market surveillance authority.
Amendment 383 #
Proposal for a regulation
Article 25 – paragraph 3 – point c
Article 25 – paragraph 3 – point c
(c) not provide or display other voluntary labels, marks, symbols or inscriptions that are likely to mislead or confuse customers with respect to the information included on the label regarding ecodesign.
Amendment 384 #
Proposal for a regulation
Article 25 a (new)
Article 25 a (new)
Amendment 385 #
Proposal for a regulation
Article 26 – paragraph 1
Article 26 – paragraph 1
1. Where a delegated act adopted pursuant to Article 4 requires products to have a label as referred to in Article 14, the economic operator placing the product on the market or putting it into service shall ensure that products are accompanied, for each individual unit and free of charge, by printed labels upon request or digital copies in accordance with that delegated act. For sustainability reasons, preference should be given to digital labels.
Amendment 391 #
Proposal for a regulation
Article 28 – paragraph 1 a (new)
Article 28 – paragraph 1 a (new)
This Article shall not apply to second- hand economic operators, including refurbishers.
Amendment 393 #
Proposal for a regulation
Article 29 – paragraph 1 – point b
Article 29 – paragraph 1 – point b
(b) informing the market surveillance authorities of any action taken on a regular and timely basis;
Amendment 399 #
Proposal for a regulation
Article 29 – paragraph 1 – point e a (new)
Article 29 – paragraph 1 – point e a (new)
(e a) cooperating to ensure effective product recalls, including carrying out recalls directly and offering remedies to consumers if the responsible economic operator fails to take adequate and timely action;
Amendment 400 #
Proposal for a regulation
Article 29 – paragraph 1 – point e b (new)
Article 29 – paragraph 1 – point e b (new)
(e b) cooperating with law enforcement agencies at national and Union level, including the European Anti-Fraud Office, through regular and structured exchange of information on offers that have been removed on the basis of this Article by online marketplaces;
Amendment 401 #
Proposal for a regulation
Article 29 – paragraph 1 – point e c (new)
Article 29 – paragraph 1 – point e c (new)
(e c) Providing competent authorities access to relevant trader and product data and their interfaces to deploy online tools to identify and remove non-compliant products.
Amendment 405 #
Proposal for a regulation
Article 29 – paragraph 2 – subparagraph 2
Article 29 – paragraph 2 – subparagraph 2
The information shall be able to be provided for each product offered and displayed or otherwise made easily accessible by customers on the product listing, in a way and a language that is easily accessible and understandable for all consumers.
Amendment 408 #
Proposal for a regulation
Article 29 – paragraph 2 – subparagraph 3 a (new)
Article 29 – paragraph 2 – subparagraph 3 a (new)
Online marketplaces shall ensure that the traders provide the required information for each product sold on the online interface and verify that such information is reliable, complete and up-to-date on a regular basis.
Amendment 411 #
Proposal for a regulation
Article 29 – paragraph 3 a (new)
Article 29 – paragraph 3 a (new)
3 a. Without prejudice to the prohibition to conduct general monitoring as established under the [Digital Services Act], online marketplaces shall conduct regular and random identity checks and proceed to the verification of the information provided by the traders using their online interfaces before the products are advertised, promoted or put into circulation.
Amendment 412 #
Proposal for a regulation
Article 29 – paragraph 3 b (new)
Article 29 – paragraph 3 b (new)
3 b. Online marketplaces shall periodically carry out visual inspections and sample testing of randomly chosen products considering previous reports, databases, reviews and potential problems of compliance with the requirements set out in this Regulation and its delegated acts.
Amendment 417 #
Proposal for a regulation
Article 29 – paragraph 5 – subparagraph 2 a (new)
Article 29 – paragraph 5 – subparagraph 2 a (new)
Amendment 418 #
Proposal for a regulation
Article 29 – paragraph 5 a (new)
Article 29 – paragraph 5 a (new)
5 a. Online marketplaces shall ensure that all consumers have the possibility to communicate with them in an effective, swift and easily accessible way.For this purpose: a.Online marketplaces shall disclose their contact details, including their phone numbers, email addresses and the postal address of their establishment within the Union. b.Online marketplaces shall not exclusively rely on automated tools for the purpose of ensuring communication with consumers. c.Where online marketplaces propose electronic contact forms or instant messaging for consumers, online marketplaces shall also encourage consumers to store or save on a durable medium any correspondence, including the date and hour of such correspondence. d.Online marketplaces shall provide consumers with the postal address and the identity of the seller on whose behalf the online marketplace is acting. e. Online marketplaces shall allocate the necessary human and financial resources to ensure that the communication referred to in Paragraph 14 is performed in a quick, effective, and efficient manner.
Amendment 419 #
Proposal for a regulation
Article 29 – paragraph 5 b (new)
Article 29 – paragraph 5 b (new)
5 b. Online marketplaces shall respond without delay and no later than one calendar day to complaints submitted by consumers, consumer and other civil society organisations, and other stakeholders for the purpose of applying effective measures for detecting, identifying, removing and disabling access to non-compliant products circulating on their digital interfaces.
Amendment 420 #
Proposal for a regulation
Article 29 – paragraph 5 c (new)
Article 29 – paragraph 5 c (new)
5 c. Online marketplaces shall take all measures that are necessary to comply with the order issued by a Member State market surveillance authority as referred to in Article 14 of the Market Surveillance Regulation and article […] of the Digital Services Act.Upon receipt of the order issued by the market surveillance authority, the online marketplace shall act without delay and no later than one calendar day from the receipt of the order. The online marketplace shall inform the market surveillance authority of any follow-up actions they will take to prevent the illegal content from reappearing on the online interface.
Amendment 429 #
Proposal for a regulation
Article 30 – paragraph 3 – subparagraph 1 a (new)
Article 30 – paragraph 3 – subparagraph 1 a (new)
Amendment 430 #
Proposal for a regulation
Article 30 – paragraph 3 – subparagraph 2
Article 30 – paragraph 3 – subparagraph 2
The Commission shall specify the manner in which the relevant parts of the technical documentation shall be made available. Where available, technical documentation shall be made available through the product passport. In the case of disappearance of an economic operation due to, for example, definitive closure or bankruptcy, the information must be stored by the Commission.
Amendment 463 #
Proposal for a regulation
Article 58 – paragraph 2 a (new)
Article 58 – paragraph 2 a (new)
2 a. When setting targets pursuant to paragraph 1 of this Article, the Commission shall prioritise second-hand and refurbished products, when available.
Amendment 465 #
Proposal for a regulation
Article 59 – paragraph 2 – point b a (new)
Article 59 – paragraph 2 – point b a (new)
(b a) the number of complaints received from end-users , consumer organisations or other representative entities.
Amendment 466 #
Proposal for a regulation
Article 59 – paragraph 3
Article 59 – paragraph 3
3. The nature and number of checks planned pursuant to paragraph 1, point (b), shall be proportionate to the objective criteria used to identify the priorities in line with paragraph 2. For product-categories identified as being high-risk of non- compliance, checks shall include as a minimum sample testing.
Amendment 467 #
Proposal for a regulation
Article 59 a (new)
Article 59 a (new)
Article 59 a Possibility to lodge complaints 1. Market surveillance authorities shall establish a public database and ensure its easy access to allow any natural or legal person to lodge complaints where they deem, based on objective cirucumstances, that an operator or trader failed to comply with the requirements under this regulation. 2. Market surveillance authorities shall assess the complaints received and take appropriate action, including checks, inspections and hearings of operators or traders within a reasonable time-limit, in order to detect potential non-compliance and adopt interim measure. 3. Market surveillance authorities shall inform the natural or legal person having submitted a complaint of its decision to accede or refuse the request for action. Such decision shall take into consideration the objective cirucumstances provided for the complaint. Such decision shall state the reason for it. 4. The information received on possible non-compliance shall be shared with other national market surveillance authorities and with the Commission through the information and communication system referred to in Article 61 of this Regulation. 5. Market surveillance authorities shall publish a summary of the findings of their investigations, as well as of the decision taken, including sanctions and penaliteis applied to the economic operator or traders having infringed its obligations.
Amendment 468 #
Proposal for a regulation
Article 62 – paragraph 2 – subparagraph 1 – point d a (new)
Article 62 – paragraph 2 – subparagraph 1 – point d a (new)
(d a) the Commission should consult with stakeholders and experts where appropriate
Amendment 469 #
Proposal for a regulation
Article 68 – paragraph 1
Article 68 – paragraph 1
Member States shall lay down the rules on penalties applicable to infringements of this Regulation and shall take all measures necessary to ensure that they are implemented. The penalties provided for shall be effective, proportionate and dissuasive, taking into account the extent of non-compliance and the number of units of non-complying products placed on the Union market. Member States shall notify the Commission of those provisions by [one year after the date of application of this Regulation] at the latest and shall notify it without delay of any subsequent amendment affecting them. Penalties shall include as a minimum (a) fines proportionate to the extent of non-compliance, number of units of non- complying products and environmental impact of the non-compliance, calculating the level of the fines in such a way as to make sure that they effectively deprive those responsible of the economic benefits derived from their infringements, and gradually increased the level of such fines for repeated infringements.The maximum amount of such fines shall be at least 4% of the manufcacturer's annual EU turnover. (b) in case of repeated and serious infringements to the requirements of this Regulation, temporary suspension of placing products on the market (c) temporary exclusion from public procurement processes (d) publication of the decision taken by the market surveillance authority stating the extent of non-compliance the corrective actin to be taken and the penalties applied to the economic operator.
Amendment 470 #
Proposal for a regulation
Article 68 a (new)
Article 68 a (new)
Amendment 472 #
Proposal for a regulation
Article 70 a (new)
Article 70 a (new)
Article 70 a Amendments to Directive (EU) 2020/1828 In annex I to Directive (EU) 2020/1828, point 27 shall be replaced by the following: “(27) Regulation (EU) …/… of the European Parliament and of the Council of … on establishing a framework for setting ecodesign requirements for sustainable products and repealing Directive2009/125/EC.
Amendment 473 #
Proposal for a regulation
Annex I – paragraph 1 – point b
Annex I – paragraph 1 – point b
(b) ease of repair and maintenance as expressed through: characteristics, availability and delivery time and price of spare parts, modularity, compatibility with commonly available spare parts, availability of repair and maintenance instructions, number of materials and components used, use of standard components, use of component and material coding standards for the identification of components and materials, number and complexity of processes and tools needed, use of standard tools, ease of non-destructive disassembly and re- assembly, conditions for access to product data, conditions for access to or use of hardware and software neededconditions of access to software needed, paying due regard to the protection of intellectual property rights;
Amendment 474 #
Proposal for a regulation
Annex I – paragraph 1 – point b
Annex I – paragraph 1 – point b
(b) ease of repair and maintenance as expressed through: characteristics, existence of usage-meters availability and delivery time of spare parts, modularity, compatibility with commonly available spare parts, availability of repair and maintenance instructions, number of materials and components used, use of standard components, use of component and material coding standards for the identification of components and materials, number and complexity of processes and tools needed, ease of non-destructive disassembly and re-assembly, conditions for access to product data, conditions for access to or use of hardware and software needed;
Amendment 475 #
Proposal for a regulation
Annex III – paragraph 1 – point k a (new)
Annex III – paragraph 1 – point k a (new)
(k a) Information about the duration of a commercial guarantee of durability as specified by the Consumer Rights Directive (EU)2019/77 and in the proposal of COM (2022)143 revising the Consumer Rights Directive 2011/83/EU should be of high interest to consumers. Therefore, including information about the duration of such a type of guarantee in the DPP would be beneficial to the Circular Economy and to further empower consumers by ensuring full transparency on the durability of the products they purchase.