58 Amendments of Nils TORVALDS related to 2022/0095(COD)
Amendment 31 #
Proposal for a regulation
Recital 1
Recital 1
(1) The European Green Deal25 is Europe’s sustainable growth strategy that aims to transform the Union into a fair and prosperous society, with a modern, competitive, climate-neutral and circular economy based on toxic-free material cycles. It sets the ambitious objective of ensuring that the Union becomes the first climate neutral continent by 2050. It recognises the advantages of investing in the Union’s competitive sustainability by building a fairer, greener and more digital Europe. Products have a pivotal role to play in this green transition. Underlining that current production processes and consumption patterns remain too linear and dependent on a throughput of new materials extracted, traded and processed goods and finally disposed of as waste or emissions, the European Green Deal emphasises the urgent need to transition to a clean circular economy model and stresses the significant progress that remains to be made. It also identifies energy efficiency as a priority for the decarbonisation of the energy sector and for reaching the climate objectives in 2030 and 2050. _________________ 25 Communication from the Commission to the European Parliament, the European Council, the Council, the European Economic and Social Committee and the Committee of the Regions The European Green Deal COM(2019)640 final.
Amendment 32 #
Proposal for a regulation
Recital 2
Recital 2
(2) To accelerate the transition to a circular economy model, the Commission designed a future-oriented agenda in its Circular Economy Action Plan for a cleaner and more competitive Europe26 (CEAP), with the objective of making the regulatory framework fit for a sustainable future. As set out in this plan, there is currently no comprehensive set of requirements to ensure that all products placed on the Union market become increasingly sustainable and stand the test of safe circularity. In particular, product design does not sufficiently promote sustainability over the whole life cycle. As a result, products are being replaced frequently, involving significant energy and resource use in order to produce and distribute new products and dispose of old ones. It is still too difficult for economic operators and citizens to make sustainable choices in relation to products given that relevant information and affordable options to do so are lacking. This leads to missed opportunities for sustainability and for value-retaining operations, limited demand for secondary materials and obstacles to the adoption of circular business models. _________________ 26 Communication from the Commission to the European Parliament, the European Council, the Council, the European Economic and Social Committee and the Committee of the Regions A new Circular Economy Action Plan For a cleaner and more competitive Europe COM(2020)98 final.
Amendment 33 #
Proposal for a regulation
Recital 5
Recital 5
(5) This Regulation will contribute to making products fit for a climate-neutral, resource-efficient and circular economy, reducing waste and ensuring that the performance of frontrunners in sustainability progressively becomes the norm. It should provide for the setting of new ecodesign requirements to improve product durability, reusability, upgradability and reparability, improve possibilities for refurbishment and maintenance, address the presence of hazardous chemicals in products, increase their energy and resource efficiency, reduce their expected generation of waste materials and increase recycled content in products, while ensuring their performance and safety, enabling remanufacturing and high-quality recycling and reducing carbon and environmental footprints, including microplastics pollution.
Amendment 34 #
Proposal for a regulation
Recital 8
Recital 8
(8) This Regulation should also contribute to achieving the Union’s wider environmental objectives. The 8th Environmental Action Programme38 enshrines in a legal framework the Union’s objective of staying within the planetary boundaries and identifies enabling conditions to achieve priority objectives, which include the transition to a non-toxic circular economy. The European Green Deal also calls for the Union to better monitor, report, prevent and remedy air, water, soil and consumer products pollution. This means that chemicals, materials and products have to be ascome safe and sustainable as possible by design and during their life cycle, leading to non-toxic material cycles39 . In addition, both the European Green Deal and the CEAP recognise that the Union internal market provides a critical mass that is able to influence global standards on product sustainability and product design. This Regulation should therefore play a significant role towards achieving several targets established under the United Nations’ Sustainable Development Goals of the UN’s 2030 Agenda for Sustainable Development ‘Responsible consumption and production’40 , both inside and outside the Union. _________________ 38 Decision (EU) 2022/…. of the European Parliament and of the Council of … on a General Union Environment Action Programme to 2030 [Add reference when published in OJ – trilogue agreement 2 December 2021]. 39 As set out in the EU Action Plan Towards zero pollution for air, water and soil (COM(2021)400 final) and the Chemicals Strategy for Sustainability (COM(2020)667 final), which calls for embracing the zero pollution goals in production and consumption. 40 Including in particular targets under SDG 12 (“Responsible consumption and production”).
Amendment 36 #
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 and carbon footprint or its durability. They may require manufacturer to make available information on the product’s performance in relation to a selected product parameter or other information that may influence the way the product is handled by parties other than the manufacturer in order to improve performance in relation to such a parameter. Such information requirements should be set either in addition to, or in place of, performance requirements on the same product parameter as appropriate. Where a delegated act includes information requirements, it should indicate the method for making the required information available and easily accessible, such as its inclusion on a free- access website, product passport or product label. Information requirements are necessary to lead to the behavioural change needed to ensure that the environmental sustainability objectives of this Regulation are achieved. By providing a solid basis for purchasers and public authorities to compare products on the basis of their environmental sustainability, information requirements are expected to drive consumers and public authorities towards more sustainable choices.
Amendment 37 #
Proposal for a regulation
Recital 25
Recital 25
(25) Information on the presence of microplastics, including nanoplastics, and substances of concern in products is a key element to identify and promote products that are sustainable. The chemical composition of products determines largely their functionalities and impacts, as well as the possibilities for their re-use or for recovery once they become waste. The Chemicals Strategy for Sustainability64 calls for minimising the presence of substances of concern in products, and ensuring the availability of information on chemical content and safe use, by introducing information requirements and tracking the presence of substances of concern throughout the life cycle of materials and products. Regulation (EC) No 1272/2008 of the European Parliament and of the Council65 and other existing chemicals legislation such as Regulation (EC) No 1223/2009 already ensure communication on hazards to health or the environment posed by certain substances of concern on their own or in a mixture. Users of substances and mixtures should also be informed about pertinent sustainability- related information not primarily related to hazards to health and tor the environment. Furthermore, users of products other than substances or mixtures, and managers of waste from such products, should also receive sustainability-related information, including information primarily related to chemicals’ hazards to health and tor the environment. Therefore, this Regulation should allow for the setting of requirements related to the tracking and communication of sustainability information, including the presence of substances of concern in products throughout their life cycle , including with a view to their decontamination and recovery when they become waste. Similar approach should be applied for microplastics, including nanoplastics, which are solid plastic particles composed of mixtures of polymers and functional additives, which can be deliberately added to products during manufacturing process but when in the environment, the particles accumulate and do not biodegrade. Such a framework should aim to progressively cover these particles and all substances of concern in all products listed in working plans setting out the product groups the Commission intends to tackle. _________________ 64 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions Chemicals Strategy for Sustainability Towards a Toxic-Free Environment COM(2020)667 final. 65 Regulation (EC) No 1272/2008 of the European Parliament and of the Council of 16 December 2008 on classification, labelling and packaging of substances and mixtures, amending and repealing Directives 67/548/EEC and 1999/45/EC, and amending Regulation (EC) No 1907/2006 (OJ L 353, 31.12.2008, p. 1).
Amendment 38 #
Proposal for a regulation
Recital 29
Recital 29
(29) In order to not unnecessarily delay the establishment of ecodesign requirements other than on the product passport or to ensure that product passports can be effectively implemented, the Commission should be allowed to exempt product groups from the product passport requirements exceptionally in case technical specifications are not available in relation to the essential requirements for the technical design and operation of the product passport. Similarly, in order to prevent unnecessary administrative burden for economic operator, the Commission should be allowed to exempt product groups from the product passport requirements in case other Union law already includes a system for the digital provision of product information allowing actors along the value chain to access relevant product information and facilitating the verification of product compliance by competent national authorities. These exemptions should be periodically reviewed taking into account further availability of technical specifications and eliminated where possible.
Amendment 39 #
Proposal for a regulation
Recital 42
Recital 42
(42) To deliver in the most efficient way on the European Green Deal’s objectives and to address the most impactful products first, the Commission should carry out a prioritisation of products to be regulated under this Regulation and requirements that will apply to them. Based on the process followed for prioritisation under Directive 2009/125/EC, the Commission should adopt a working plan, covering at least 3 years, laying down a list of product groups for which it plans to adopt delegated acts as well as the product aspects for which it intends to adopt delegated acts of horizontal application. The Commission should base its prioritisation on a set of criteria pertaining in particular to the delegated acts’ potential contribution to the Union climate, environmental and energy objectives and their potential for improving the product aspects selected without disproportionate costs to the public and economic operators. Considering their importance for meeting the Union’s energy objectives, the working plans should include an adequate share of actions related to energy-related products and chemicals, which production is energy intensive and would benefit from early transition. Member States and stakeholders should also be consulted through the Ecodesign Forum. Due to the complementarities between this Regulation and Regulation (EU) 2017/1369 for energy-related products, the timelines for the working plan under this Regulation and the one provided for under Article 15 of Regulation (EU) 2017/1369 should be aligned.
Amendment 40 #
Proposal for a regulation
Recital 45
Recital 45
(45) Micro, small and medium-sized enterprises (SMEs) could greatly benefit from an increase in the demand for sustainable products but could also face costs and difficulties with some of the requirements. TIn order to ensure competitiveness of European SMEs, the Member States and the Commission should, in their respective areas of responsibility, provide adequate information, ensure targeted and specialised training, and provide specific assistance and support, including financial, to SMEs active in the manufacturing of products for which ecodesign requirements are set. Those actions should, for example, cover the calculation of the product environmental footprint and the technical implementation of the product passport. Member States actions should be taken in respect of applicable State aid rules.
Amendment 42 #
Proposal for a regulation
Recital 86
Recital 86
(86) In order to incentivise consumers to make sustainable choices, in particular when the more sustainable products are not affordable enough, mechanisms such as eco-vouchers, which should be used to purchase only products and services respecting the environment, and green taxation should be provided for. When Member States decide to make use of incentives to reward the best-performing products among those for which classes of performance have been set by delegated acts pursuant to this Regulation, they should do so by targeting those incentives at the highest two populated classes of performance, unless otherwise indicated by the relevant delegated act. However, Member States should not be able to prohibit the placing on the market of a product based on its class of performance. For the same reason, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission to supplement this Regulation by further specifying which product parameters or related levels of performance Member States’ incentives concern in case no class of performance is determined in the applicable delegated act or where classes of performance are established in relation to more than one product parameter. The introduction of Member State incentives should be without prejudice to the application of the Union State aid rules.
Amendment 43 #
Proposal for a regulation
Recital 87
Recital 87
(87) Public procurement amounts to 14% of the Union’s GDP. To contribute to the objective of reaching climate neutrality, improving energy and resource efficiency and transitioning to a circular economy that protects public health and biodiversity, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission to require , where appropriate, contracting authorities and entities as defined in Directive 2014/24/EU78 and 2014/25/EU79 of the European Parliament and of the Council, to align their procurement with specific green public procurement criteria or targets, to be set out in the delegated acts adopted pursuant to this Regulation. The criteria or targets set by delegated acts for specific product groups should be complied with not only when directly procuring those products in public supply contracts but also in public works or public services contracts where those products will be used for activities constituting the subject matter of those contracts. Compared to a voluntary approach, mandatory criteria or targets will ensure that the leverage of public spending to boost demand for better performing products is maximised in all Member States. The criteria should be transparent, objective and non- discriminatory. _________________ 78 Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement and repealing Directive 2004/18/EC (OJ L 94, 28.3.2014, p. 65). 79 Directive 2014/25/EU of the European Parliament and of the Council of 26 February 2014 on procurement by entities operating in the water, energy, transport and postal services sectors and repealing Directive 2004/17/EC (OJ L 94, 28.3.2014, p. 243).
Amendment 44 #
Proposal for a regulation
Recital 92
Recital 92
(92) Where problematic levels of non- compliance with ecodesign requirements are observed despite the enhanced planning, coordination and support laid down by this Regulation, the Commission should be able to intervene promptly and efficiently to ensure that market surveillance authorities perform checks on an adequate scale. Therefore, in order to safeguard the effective enforcement of ecodesign requirements, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission to lay down a minimum number of checks to be performed on specific products or requirements. This empowerment should be additional to the empowerment in Article 11(4) of Regulation (EU) 2019/1020.
Amendment 45 #
Proposal for a regulation
Recital 93
Recital 93
(93) Based on data entered into the information and communication system for market surveillance, the Commission should draw up a report containing information on the nature and number of checks performed, on the levels of non- compliance identified and on the nature and severity of penalties imposed in relation to ecodesign requirements over the two previous calendar years. The reports should be publicly accessible and contain a comparison of Member States’ activities with the activities planned and indicative benchmarks for market surveillance authorities.
Amendment 52 #
Proposal for a regulation
Article 2 – paragraph 1 – point 23
Article 2 – paragraph 1 – point 23
(23) ‘environmental footprint’ means a quantification of a product’s environmental impacts, whether in relation to a single environmental impact category or an aggregated set of impact categories based on the Product Environmental Footprint method or other scientifically validated and verifiable lifecycle based standards;
Amendment 66 #
Proposal for a regulation
Article 4 – paragraph 3 – point d
Article 4 – paragraph 3 – point d
(d) subject to adequate protection of confidential and sensitive information, requiring manufacturers, their authorised representatives or importers to collect, anonymise, or report to the Commission the in-use data referred to in point (c), in accordance with Article 31(3);
Amendment 68 #
Proposal for a regulation
Article 4 – paragraph 3 a (new)
Article 4 – paragraph 3 a (new)
Amendment 71 #
Proposal for a regulation
Article 5 – paragraph 1 – point g a (new)
Article 5 – paragraph 1 – point g a (new)
(g a) presence of microplastics, including nanoplastics;
Amendment 80 #
Proposal for a regulation
Article 5 – paragraph 2 – subparagraph 3
Article 5 – paragraph 2 – subparagraph 3
A horizontal ecodesign requirement established pursuant to the second subparagraph shall not cover products falling in scope of a mandatory vertical ecodesign measure, but may cover products falling in the scope of a self- regulation measure established as a valid alternative pursuant to Article 18(3), where the Commission considers that that self- regulation measure does not address the product aspect covered by that horizontal ecodesign requirement.
Amendment 83 #
Proposal for a regulation
Article 5 – paragraph 4 – point a – point i
Article 5 – paragraph 4 – point a – point i
(i) Union climate, environmental and energy efficiency priorities with the view to reach the Green Deal goals, and other related Union priorities;
Amendment 85 #
Proposal for a regulation
Article 5 – paragraph 4 – point a – point ii
Article 5 – paragraph 4 – point a – point ii
(ii) relevant Union legislation, including the extent to which it addresses the relevant product aspects listed in paragraph 1, and the Do No Significant Harm principle, within the meaning of Article 17 of Regulation (EU) 2020/852;
Amendment 86 #
Proposal for a regulation
Article 5 – paragraph 4 – point a – point ii
Article 5 – paragraph 4 – point a – point ii
(ii) relevant Union legislation, including the extent to which it addresses the relevant product aspects listed in paragraph 1; , to ensure harmonisation and assure the avoidance of double regulation or overregulation;
Amendment 93 #
Proposal for a regulation
Article 5 – paragraph 5 – point d
Article 5 – paragraph 5 – point d
(d) there shall be no disproportionate negative impact on the competitiveness of economic actors, at leastin particular of SMEs;
Amendment 101 #
Proposal for a regulation
Article 5 – paragraph 5 – point f a (new)
Article 5 – paragraph 5 – point f a (new)
(f a) there shall be evidence that the requirements will deliver the intended environmental benefits;
Amendment 103 #
Proposal for a regulation
Article 5 – paragraph 5 – point f b (new)
Article 5 – paragraph 5 – point f b (new)
(f b) they shall be technically feasible in accordance with commercially available technologies.
Amendment 105 #
Proposal for a regulation
Article 5 – paragraph 6 – introductory part
Article 5 – paragraph 6 – introductory part
6. The Commission shall, where appropriate, require supply chain actors to:
Amendment 107 #
Proposal for a regulation
Article 5 – paragraph 6 – point a
Article 5 – paragraph 6 – point a
(a) provide, upon request, from manufacturers, notified bodies andor competent national authorities with available information related to their supplies or services that is relevant in order to verify compliance with ecodesign requirements;
Amendment 108 #
Proposal for a regulation
Article 5 – paragraph 6 – point b
Article 5 – paragraph 6 – point b
(b) allow, in the absence of information referred to in point (a) and in line with intellectual property considerations, manufacturers to assess their supplies or services in order to verify compliance with ecodesign requirements and give access to relevant documents or facilities to those manufacturers;
Amendment 108 #
Proposal for a regulation
Recital 4
Recital 4
(4) In the absence of legislation at Union level, diverging national approaches to improving the environmental sustainability of products have already emerged, ranging from information requirements on the duration of software compatibility of electronic devices to reporting obligations on handling unsold durable goods. This is an indication that further national efforts to achieve the aims pursued by this Regulation will likely lead to further fragmentation of the internal market. Therefore, in order to safeguard the functioning of the internal market while ensuring a high level of environmental protection, there is a need for a regulatory framework to progressively introduce ecodesign requirements for products, except for products for which such specific legislation is already in place. This Regulation will, by making the ecodesign approach initially set out in Directive 2009/125/EC of the European Parliament and of the Council29 applicable to the broadest possible range of products, provide such a framework. __________________ 29 Directive 2009/125/EC of the European Parliament and of the Council of 21 October 2009 establishing a framework for the setting of ecodesign requirements for energy-related products (Text with EEA relevance) (OJ L 285, 31.10.2009, p. 10).
Amendment 116 #
Proposal for a regulation
Article 7 – paragraph 6 – subparagraph 3
Article 7 – paragraph 6 – subparagraph 3
Priority should be given to providing the information via electronic means. Information ensuring the traceability of substances pursuant to paragraph 5 shall be given either on the product or be accessible through a data carrier included on the product (Digital Product Passport) and, where possible, given on the product.
Amendment 118 #
Proposal for a regulation
Article 7 – paragraph 7 a (new)
Article 7 – paragraph 7 a (new)
7 a. Any supplier of an article, a substance or a mixture shall provide the recipient of that article, substance of mixture with sufficient information, free of charge, to allow the manufacturers to comply with information requirements related to the product aspects listed in Article 5(1).
Amendment 119 #
Proposal for a regulation
Article 8 – paragraph 3 – point a
Article 8 – paragraph 3 – point a
(a) ensure that actors along the value chain, in particular consumers, economic operators and competent national authorities, can easily access product information relevant to them;
Amendment 122 #
Proposal for a regulation
Article 10 – paragraph 1 – point b
Article 10 – paragraph 1 – point b
(b) consumers, economic operators and other relevant actors shall have free and easy access to the product passport based on their respective access rights set out in the applicable delegated act adopted pursuant to Article 4;
Amendment 126 #
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 ecodesign requirements or for second- hand products and new or second-hand components, originally designed or manufactured before the entry into force of this Regulation or of the relevant delegated act. In addition, exemptions should be made at the level of the framework for those products for which it is already clear that ecodesign requirements would not be suitable or where other frameworks provide for the setting of such requirements, as is for example the case for batteries, toys and packaging. This should be the case for food and feed as defined in Regulation (EC) No 178/2002 of the European Parliament and of the Council44 , medicinal products for human use as defined in Directive 2001/83/EC of the European Parliament and of the Council45 , veterinary medicinal products as defined in Regulation (EU) 2019/6 of the European Parliament and of the Council46 , living plants, animals and micro-organisms, products of human origin, and products of plants and animals relating directly to their future reproduction. __________________ 44 Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety (OJ L 31, 1.2.2002, p. 1). 45 Directive 2001/83/EC of the European Parliament and of the Council of 6 November 2001 on the Community code relating to medicinal products for human use (OJ L 311, 28.11.2001, p. 67). 46 Regulation (EU) 2019/6 of the European Parliament and of the Council of 11 December 2018 on veterinary medicinal products and repealing Directive 2001/82/EC (OJ L 4, 7.1.2019, p. 43).
Amendment 127 #
Proposal for a regulation
Article 12 – paragraph 1 – subparagraph 1
Article 12 – paragraph 1 – subparagraph 1
The Commission shall set up and maintain a registry storing information included in the product passports required by delegated acts adopted pursuant toa list of the data carriers and unique product identifiers referred to in Article 49(1).
Amendment 128 #
Proposal for a regulation
Article 12 – paragraph 1 – subparagraph 2
Article 12 – paragraph 1 – subparagraph 2
Amendment 129 #
Proposal for a regulation
Article 12 – paragraph 2 – introductory part
Article 12 – paragraph 2 – introductory part
2. The Commission shall, in the delegated acts adopted pursuant to Article 4, specify the information which, in addition to being included in the product passport, shallInformation required to be stored in the registry referred to in paragraph 1, taking into account at least shall be justified for the following criteriareasons:
Amendment 143 #
Proposal for a regulation
Recital 17
Recital 17
(17) To avoid duplication of efforts and regulatory burden, consistency should be ensured between this Regulation and requirements set in or pursuant to other Union legislation, especially products, chemicals and waste legislation51 , including legislation on packaging and packaging waste. However, the existence of empowerments under other Union legislation to set requirements with the same or similar effects as requirements under this Regulation does not limit the empowerments included in this Regulation, unless specified in this Regulation. __________________ 51 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions on the implementation of the circular economy package - options to address the interface between chemical, product and waste legislation (COM(2018) 32 final).
Amendment 150 #
Proposal for a regulation
Article 19 – paragraph 1
Article 19 – paragraph 1
1. In the context of programmes from which SMEs can benefit, the Commission shall take into accountoffer initiatives which help SMEs to integrate environmental sustainability aspects including energy efficiency in their value chain.
Amendment 166 #
Proposal for a regulation
Article 58 – paragraph 1
Article 58 – paragraph 1
1. Requirements pursuant to Article 4, third subparagraph, point (h) for public contracts awarded by contracting authorities, as defined in Article 2(1) of Directive 2014/24/EU or Article 3(1) of Directive 2014/25/EU, or contracting entities, as defined in Article 4(1) of Directive 2014/25/EU, maywill take the form of mandatory technical specifications, selection criteria, award criteria, contract performance clauses, or targets, as appropriate.
Amendment 169 #
Proposal for a regulation
Annex I – paragraph 1 – introductory part
Annex I – paragraph 1 – introductory part
The following parameters mayshall, as appropriate, and where necessary supplemented by others, be used as a basis for improving the product aspects referred to in Article 5(1):
Amendment 170 #
Proposal for a regulation
Annex I – paragraph 1 – point n
Annex I – paragraph 1 – point n
(n) microplastic release; , including in its nano form;
Amendment 184 #
Proposal for a regulation
Recital 25
Recital 25
(25) Information on the presence of substances of concern, microplastics, including nanoplastics, in products is a key element to identify and promote products that are sustainable. The chemical composition of products determines largely their functionalities and impacts, as well as the possibilities for their re-use or for recovery once they become waste. The Chemicals Strategy for Sustainability64 calls for minimising the presence of substances of concern in products, and ensuring the availability of information on chemical content and safe use, by introducing information requirements and tracking the presence of substances of concern throughout the life cycle of materials and products. Regulation (EC) No 1272/2008 of the European Parliament and of the Council65 and other existing chemicals legislation such as Regulation (EC) No 1223/2009 already ensure communication on hazards to health or the environment posed by certain substances of concern on their own or in a mixture. Users of substances and mixtures should also be informed about pertinent sustainability- related information not primarily related to hazards to health or the environment. Furthermore, users of products other than substances or mixtures, and managers of waste from such products, should also receive sustainability-related information, including information primarily related to chemicals’ hazards to health or the environment. Therefore, this Regulation should allow for the setting of requirements related to the tracking and communication of sustainability information, including the presence of substances of concern in products throughout their life cycle, including with a view to their decontamination and recovery when they become waste. Similar approach should be applied for microplastics, including nanoplastics, which are solid plastic particles composed of mixtures of polymers and functional additives, which can be deliberately added to products during manufacturing process or formed, but when in the environment, the particles accumulate and do not biodegrade. Such a framework should aim to progressively cover these particles and all substances of concern in all products listed in working plans setting out the product groups the Commission intends to tackle. __________________ 64 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions Chemicals Strategy for Sustainability Towards a Toxic-Free Environment COM(2020)667 final. 65 Regulation (EC) No 1272/2008 of the European Parliament and of the Council of 16 December 2008 on classification, labelling and packaging of substances and mixtures, amending and repealing Directives 67/548/EEC and 1999/45/EC, and amending Regulation (EC) No 1907/2006 (OJ L 353, 31.12.2008, p. 1).
Amendment 210 #
Proposal for a regulation
Recital 42
Recital 42
(42) To deliver in the most efficient way on the European Green Deal’s objectives and to address the most impactful products first, the Commission should carry out a prioritisation of products to be regulated under this Regulation and requirements that will apply to them. Based on the process followed for prioritisation under Directive 2009/125/EC, the Commission should adopt a working plan, covering at least 3 years, which should be publicly available and presented to the European Parliament. The working plan should laying down a list of product groups for which ithe Commission plans to adopt delegated acts as well as the product aspects for which it intends to adopt delegated acts of horizontal application. The Commission should base its prioritisation on a set of criteria pertaining in particular to the delegated acts’ potential contribution to the Union climate, environmental and energy objectives and their potential for improving the product aspects selected without disproportionate costs to the public and economic operators. Considering their importance for meeting the Union’s energy objectives, the working plans should include an adequate share of actions related to energy-related products. Member States and stakeholders should also be consulted through the Ecodesign Forum. Due to the complementarities between this Regulation and Regulation (EU) 2017/1369 for energy-related products, the timelines for the working plan under this Regulation and the one provided for under Article 15 of Regulation (EU) 2017/1369 should be aligned.
Amendment 215 #
Proposal for a regulation
Recital 44
Recital 44
(44) In order to encourageallow self- regulation as a valid alternative to regulatory approaches, this Regulation should, in continuation of Directive 2009/125/EC, include the possibility for industry to submit self-regulation measures that are aligned with and reflective of the objectives of this Regulation. The Commission should assess the self- regulation measures proposed by industry, along with the information and evidence submitted by the signatories, including in light of the international trade commitments of the Union and the need to ensure coherence with Union law. In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission to adopt and update an act listing the self-regulation measures considered as valid alternatives to a delegated act setting ecodesign requirements. It is also appropriate, for instance in view of relevant market or technological developments within the product group concerned, that the Commission be able to request a revised version of the self-regulation measure whenever considered necessary. Once a self-regulation measure is listed in an implementing act, there is a legitimate expectation for economic operators that the Commission will not adopt a delegated act establishing ecodesign requirements for this specific product group. However, it is not excluded that the Commission may adopt horizontal ecodesign requirements also applying to the products covered by a recognised self-regulation measure for the product aspects not addressed by that self- regulation measure. Where the Commission considers that a self- regulation measure no longer fulfils the criteria set in this Regulation, it should remove that self-regulation from the implementing act listing the recognised self-regulation measures. Consequently, ecodesign requirements may then be established for the product groups previously addressed by the self-regulation measure, in accordance with this Regulation.
Amendment 238 #
Proposal for a regulation
Recital 57 a (new)
Recital 57 a (new)
(57a) The second-hand sector plays a specific role in promoting sustainable consumption patterns and in the development of new circular business models. Due to the specifities of those sectors, the role of second-hand economic operators along the value chain and related obligations must be distinguished from those applying to manufacturers, authorized representatives, importers, distributers, or dealers of new products. Therefore, this Regulation should further lay down rules applicable to second hand- economic operators.
Amendment 246 #
Proposal for a regulation
Recital 66 a (new)
Recital 66 a (new)
(66a) To avoid premature obsolescence of products, which would be counter to the aims of this Regulation, software or firmware originally included in a product should not be able to worsen the products performance or functionality over time.
Amendment 317 #
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, by a professional, on an object that is waste or a second-hand product to restore its performance or functionality within the intended use, range of performance and maintenance originally conceived at the design stage, or to meet applicable technical standards or regulatory requirements, with before making it available on the market. Refurbishment may also include improving the raesult of making a fully functionalthetics of the product;
Amendment 470 #
Proposal for a regulation
Article 3 – paragraph 5 a (new)
Article 3 – paragraph 5 a (new)
5a. In order to promote re-use and to stimulate circular business models in line with the waste hierarchy, second-hand goods placed on the market shall be exempted from the obligations as laid down in Article 3, point (1).
Amendment 549 #
Proposal for a regulation
Article 5 – paragraph 3 – point b a (new)
Article 5 – paragraph 3 – point b a (new)
(ba) Following the 'repair as produced' principle as introduced in Directive No 2011/65/EU85a, the following products shall be exempted from ecodesign requirements to be set out in the Delegated Acts pursuant to Article 4: (a) spare parts for products that were placed on the market before the date of application of the delegated act; (b) products that are intended to be a part of more complex products that were placed on the market before the date of application of the delegated act. __________________ 85a 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 (recast)
Amendment 693 #
Proposal for a regulation
Article 7 – paragraph 5 – subparagraph 1 – point d
Article 7 – paragraph 5 – subparagraph 1 – point d
(d) relevant instructions for the safe use and disposal of the product;
Amendment 757 #
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 on a need-to-know basis, 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 768 #
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 807 #
Proposal for a regulation
Article 8 – paragraph 4 a (new)
Article 8 – paragraph 4 a (new)
4a. The Commission shall ensure a sufficient transition time from the moment the information requirements to be adopted pursuant to Article 4 are finalised, in order for economic operators to gather, verify and upload any relevant information. Any changes to the information requirements to be adopted pursuant to Article 4 shall be accompanied by a sufficient transition time, with prolonged transition times for SMEs.
Amendment 908 #
Proposal for a regulation
Article 17 – paragraph 2
Article 17 – paragraph 2
To that end, the Commission shall establish an expert group, in which those parties shall meet, referred to as the ‘Ecodesign Forum’. The Commission shall: (a) notify all relevant stakeholders at least 30 days before a consultation of the Ecodesign Forum takes place; (b) timely report conclusions from Ecodesign Forum consultations to all relevant stakeholders; (c) publish minutes of its meetings, as well as other relevant documents, on a designated website.
Amendment 1007 #
Proposal for a regulation
Article 25 a (new)
Article 25 a (new)
Amendment 1010 #
Proposal for a regulation
Article 25 b (new)
Article 25 b (new)
Article 25 b Obligations for supply chain actors 1. Any supplier of an article, a substance or a mixture shall provide economic operators responsible for compliance with Article 6 and 7 of this Regulation with sufficient information related to their supplies or services that are relevant to ensure that the products placed on the market by the operator concerned comply with the requirements as set out in Article 6 and 7 of this Regulation. 2. If the recipient of the article, substance or mixture is not the economic operator responsible for compliance with the information requirements as set out in Article 6 and 7 of this Regulation, the recipient of the article, substance or mixture shall ensure that the information referred to in the first sub-paragraph of this Article is communicated to the economic operator responsible for compliance with the requirements as set out in Article 6 and 7 of this Regulation. 3. Economic operators responsible for compliance with Article 6 and 6 shall not be held liable for inaccurate information received from a supplier of an article, a substance or a mixture, provided that they undertake reasonable efforts to verify the received information.
Amendment 1034 #
Proposal for a regulation
Article 29 – paragraph 2 a (new)
Article 29 – paragraph 2 a (new)
2a. Without prejudice to Article 29 (1), these rules shall not: (a) require online marketplaces to proactively ensure compliance with all products sold by third-party sellers on its marketplaces; (b) introduce monitoring obligations that go beyond existing EU framework legislation.
Amendment 1050 #
Proposal for a regulation
Article 33 – paragraph 4 a (new)
Article 33 – paragraph 4 a (new)
4a. Software or firmware originally included in products shall not worsen product performance over time in relation to any of the product parameters regulated in delegated acts adopted pursuant to Article 4 by which the products are covered or the functional performance from the perspective of the user when measured with the test method used for the conformity assessment.