56 Amendments of Ulrike MÜLLER related to 2022/0095(COD)
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 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 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 187 #
Proposal for a regulation
Recital 25
Recital 25
(25) Information on the presence of substances of concern in products is a key element to identify and promote products that are sustainable. The chemical composition of products determines largely their functionalities and impacts, as well as the possibilities for their re-use or for recovery once they become waste. The Chemicals Strategy for Sustainability64 calls for minimising the presence of substances of concern in products, and ensuring the availability of information on chemical content and safe use, by introducing information requirements and tracking the presence of substances of concern throughout the life cycle of materials and products. Regulation (EC) No 1272/2008 of the European Parliament and of the Council65 and other existing chemicals legislation such as Regulation (EC) No 1223/2009 already ensure communication on hazards to health or the environment posed by certain substances of concern on their own or in a mixture. Users of substances and mixtures should also be informed about pertinent sustainability- related information not primarily related to hazards to health or the environment. Furthermore, users of products other than substances or mixtures, and managers of waste from such products, should also receive relevant sustainability-related information, including information primarily related to chemicals’ hazards to health or the environment. Therefore, this Regulation should allow for the setting of requirements related to the tracking and communication of sustainability information, including the presence of substances of concern in products throughout their life cycle, including with a view to their decontamination and recovery when they become waste. Such a framework should aim to progressively cover all substances of concern in all products listed in working plans setting out the product groups the Commission intends to tackle. __________________ 64 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions Chemicals Strategy for Sustainability Towards a Toxic-Free Environment COM(2020)667 final. 65 Regulation (EC) No 1272/2008 of the European Parliament and of the Council of 16 December 2008 on classification, labelling and packaging of substances and mixtures, amending and repealing Directives 67/548/EEC and 1999/45/EC, and amending Regulation (EC) No 1907/2006 (OJ L 353, 31.12.2008, p. 1).
Amendment 205 #
Proposal for a regulation
Recital 39
Recital 39
(39) To drive consumers towards more sustainable choices, labels should, when required by the delegated acts adopted pursuant to this Regulation, provide clear and understandable information allowing for the effective comparison of products, for instance by indicating classes of performance. Specifically for consumers, physical labels can be an additional source of information at the place of sale. They can provide a quick visual basis for consumers to distinguish between products based on their performance in relation to a specific product parameter or set of product parameters. They should, where appropriate, also allow for the accessing of additional information by bearing specific references like website addresses, dynamic QR codes, links to online labels or any appropriate consumer-oriented means. The Commission should set out in the relevant delegated act the most effective way of displaying such labels, including in the case of online distance selling, taking into account the implications for customers and economic operators and the characteristics of the products concerned. The Commission may also require the label to be printed on the packaging of the product.
Amendment 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 219 #
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. The Member States and the Commission should, in their respective areas of responsibility, provide adequate information, ensure targeted and specialised training, and provide specific assistance and support, including financial, to SMEs active in the manufacturing of products for which ecodesign requirements are set, including existing funding and financing tools. Those actions should, for example, cover the calculation of a scientifically robust and verifiable life-cycle based standard, such as the product environmental footprint, and the technical implementation of the product passport, and could facilitate SMEs' access to relevant digital tools, software and databases. Member States actions should be taken in respect of applicable State aid rules.
Amendment 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 276 #
Proposal for a regulation
Article 1 – paragraph 1 – subparagraph 1 – point g
Article 1 – paragraph 1 – subparagraph 1 – point g
(g) product remanufacturing and recycling;
Amendment 326 #
Proposal for a regulation
Article 2 – paragraph 1 – point 20 a (new)
Article 2 – paragraph 1 – point 20 a (new)
(20a) 'premature obsolescence' means the making available on the market of a product with a feature of which its presence limits the product's foreseeable lifetime;
Amendment 327 #
Proposal for a regulation
Article 2 – paragraph 1 – point 20 b (new)
Article 2 – paragraph 1 – point 20 b (new)
(20b) 'recyclability' means the ability of a product to be recycled when it reaches its end-of-life stage, by using recycling techniques commercially available within the EU;
Amendment 328 #
Proposal for a regulation
Article 2 – paragraph 1 – point 20 c (new)
Article 2 – paragraph 1 – point 20 c (new)
(20c) 'recycled content' means the incorporation of secondary raw materials, derived from recycling, into intermediate or finished products;
Amendment 342 #
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 scientifically robust and verifiable lifecycle-based standards, such as the Product Environmental Footprint method;
Amendment 407 #
Proposal for a regulation
Article 2 – paragraph 1 – point 37
Article 2 – paragraph 1 – point 37
(37) ‘unsold consumer product’ means any consumer product fit for consumption that has not been sold to 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 426 #
Proposal for a regulation
Article 2 – paragraph 1 – point 46 a (new)
Article 2 – paragraph 1 – point 46 a (new)
(46a) 'second-hand economic operator' means any economic operator or undertaking who makes available on the market second-hand products or components, whether prepared for reuse, checked, cleaned, repaired, refurbished, or without any action undertaken on the product;
Amendment 449 #
Proposal for a regulation
Article 2 – paragraph 2
Article 2 – paragraph 2
In addition, the definitions of ‘packaging’ and ‘packaging waste’ in Article 3 points (1) and (20) of Regulation No 2022/0396(COD)82a, and the definitions of ‘waste’, ‘hazardous waste’, ‘re-use’, ‘recovery’, ‘preparing for re-use’ and ‘recycling’ in Article 3, points (1), (2), (13), (15), (16) and (17), of Directive 2008/98/EC of the European Parliament and of the Council83 shall apply. __________________ 82a Regulation of the European Parliament and of the Council on packaging and packaging waste, amending Regulation (EU) 2019/1020 and Directive (EU) 2019/904, and repealing Directive 94/62/EC 83 Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste and repealing certain Directives (OJ L 312, 22.11.2008, p. 3).
Amendment 453 #
Proposal for a regulation
Article 2 – paragraph 4 a (new)
Article 2 – paragraph 4 a (new)
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 477 #
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
When establishing ecodesign requirements in delegated acts referred to in the first subparagraph, the Commission shall provide economic operators with sufficient transition time, with special consideration for the needs of SMEs. The Commission shall also supplement this Regulation by specifying the applicable conformity assessment procedures from among the modules set out in Annex IV to this Regulation and Annex II to Decision No 768/2008/EC, with the adaptations necessary in view of the product or ecodesign requirements concerned, in accordance with Article 36.
Amendment 519 #
Proposal for a regulation
Article 5 – paragraph 1 – point j
Article 5 – paragraph 1 – point j
(j) recycled content, based on the availability of suitable recyclates;
Amendment 526 #
Proposal for a regulation
Article 5 – paragraph 1 – point k
Article 5 – paragraph 1 – point k
(k) possibility of remanufacturing and recycling;
Amendment 529 #
Proposal for a regulation
Article 5 – paragraph 1 – point k a (new)
Article 5 – paragraph 1 – point k a (new)
(ka) possibility of recycling;
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 566 #
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, with a view to ensure harmonisation and avoid conflicting or duplicating requirements in relation to existing legislation;
Amendment 578 #
Proposal for a regulation
Article 5 – paragraph 4 – point a – point v a (new)
Article 5 – paragraph 4 – point a – point v a (new)
(va) the outcomes of relevant consultations, including the views expressed in the Ecodesign Forum.
Amendment 592 #
Proposal for a regulation
Article 5 – paragraph 4 – point d a (new)
Article 5 – paragraph 4 – point d a (new)
(da) take into consideration the interdependencies between different ecodesign requirements and provide accessible and transparent information in relation to any trade-offs between ecodesign parameters.
Amendment 604 #
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 least ofin particular for SMEs;
Amendment 616 #
Proposal for a regulation
Article 5 – paragraph 5 a (new)
Article 5 – paragraph 5 a (new)
5a. there shall be a transition time between the entering into force of an ecodesign requirement and its application, which shall be proportionate to the significance and complexity of the requirements set out.
Amendment 647 #
Proposal for a regulation
Article 7 – paragraph 2 – point a
Article 7 – paragraph 2 – point a
(a) include, as a minimum, requirements related to the product passport referred to in Chapter III and requirements related to substances of concern referred to in paragraph 5 only when such substances are physically present within the product; and
Amendment 678 #
Proposal for a regulation
Article 7 – paragraph 5 – subparagraph 1 – introductory part
Article 7 – paragraph 5 – subparagraph 1 – introductory part
The information requirements referred to in paragraph 1 shall enable the tracking of all relevant substances of concern throughout the life cycle of products, unless such tracking is already enabled by another delegated act adopted pursuant to Article 4 covering the products concerned, and shall include at least the following:
Amendment 715 #
Proposal for a regulation
Article 7 – paragraph 5 – subparagraph 3
Article 7 – paragraph 5 – subparagraph 3
Exemptions referred to in the second subparagraph, point (c), may be provided based on the technical feasibility or relevance of tracking substances of concern, the technical feasibility to detect the substances of concern, based on existing methodologies, the need to protect confidential business information and in other duly justified cases.
Amendment 795 #
Proposal for a regulation
Article 8 – paragraph 3 – point c a (new)
Article 8 – paragraph 3 – point c a (new)
(ca) be related to environmental sustainability and justified to significantly improve the environmental sustainability of products and to ensure free movement in the internal market.
Amendment 799 #
Proposal for a regulation
Article 8 – paragraph 3 – point c b (new)
Article 8 – paragraph 3 – point c b (new)
(cb) where applicable, be included in existing EU databases in order to optimise the use and benefits of those databases;
Amendment 801 #
Proposal for a regulation
Article 8 – paragraph 3 – point c c (new)
Article 8 – paragraph 3 – point c c (new)
(cc) where applicable, protect confidential business information and ensure information is shared in a secure way.
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 818 #
Proposal for a regulation
Article 9 – paragraph 1 – subparagraph 1 – point d
Article 9 – paragraph 1 – subparagraph 1 – point d
(d) all information included in the product passport shall be based on open, standards, developed with an inter-operable format and shall be machine-readable, structured, and searchable, in accordance with the essential requirements set out in Article 10 and in respect of confidential business information;
Amendment 823 #
Proposal for a regulation
Article 9 – paragraph 1 – subparagraph 1 – point f
Article 9 – paragraph 1 – subparagraph 1 – point f
(f) the access to information included in the product passport shall be regulated in accordance with the essential requirements set out in Article 10 and the specific access rights at product group level shall be identified in the applicable delegated act adopted pursuant to Article 4, in consideration of confidential business information.
Amendment 827 #
Proposal for a regulation
Article 9 – paragraph 1 – subparagraph 1 – point f a (new)
Article 9 – paragraph 1 – subparagraph 1 – point f a (new)
(fa) where relevant, it shall rely on existing EU databases, such as the SCIP and EPREL databases.
Amendment 841 #
Proposal for a regulation
Article 10 – paragraph 1 – point a a (new)
Article 10 – paragraph 1 – point a a (new)
(aa) product passports shall be fully interoperable with existing product databases, such as the SCIP and EPREL databases;
Amendment 861 #
Proposal for a regulation
Article 12 – paragraph 1 – subparagraph 3 a (new)
Article 12 – paragraph 1 – subparagraph 3 a (new)
Economic operators, in particular SMEs, shall be provided with sufficient transition time to gather, verify and upload the requested data into the applicable IT tool.
Amendment 884 #
Proposal for a regulation
Article 16 – paragraph 2 – subparagraph 1
Article 16 – paragraph 2 – subparagraph 1
The Commission shall adopt and regularly update a working plan, covering a period of at least 3 years, setting working plan and make it publicly available, as well as all relevant preparatory documents. The working plan shall set out a list of product groups for which it intends to establish ecodesign requirements in accordance with this Regulation. That list shall include products aspects referred to in Article 5(1) for which the Commission intends to adopt horizontal ecodesign requirements established pursuant to Article 5(2), second subparagraph. The working plan shall cover a period of at least 3 years, and shall be regularly updated.
Amendment 887 #
Proposal for a regulation
Article 16 – paragraph 2 – subparagraph 1 a (new)
Article 16 – paragraph 2 – subparagraph 1 a (new)
The Commission shall present the draft working plan to the European Parliament before its adoption.
Amendment 888 #
Proposal for a regulation
Article 16 – paragraph 2 – subparagraph 1 b (new)
Article 16 – paragraph 2 – subparagraph 1 b (new)
For the period 2024-2027, the Commission shall consider prioritising product groups based on their potential contribution to achieving the Union's climate, environmental, resource security and energy efficiency objectives.
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 917 #
Proposal for a regulation
Article 18 – paragraph 2 – subparagraph 1 – introductory part
Article 18 – paragraph 2 – subparagraph 1 – introductory part
The submitted self-regulation measure shall contain the following information:
Amendment 919 #
Proposal for a regulation
Article 18 – paragraph 3 – subparagraph 1 – introductory part
Article 18 – paragraph 3 – subparagraph 1 – introductory part
The Commission shall assess the propossubmitted self-regulation measure, and, where necessary, shall seek scientific advice from Union decentralised agencies. On the basis of that assessment, it shall establishthe Commission shall verify whether it is a valid alternative to a delegated act adopted pursuant to Article 4 where the following criteria are fulfilled:
Amendment 921 #
Proposal for a regulation
Article 18 – paragraph 3 – subparagraph 1 – point a
Article 18 – paragraph 3 – subparagraph 1 – point a
(a) the self-regulation measure contributes to improving the environmental sustainability of products in line with the objectives of this Regulation and ensuring the free movement in the internal market quickly or at a lesser expense than a delegated act adopted pursuant to Article 4;
Amendment 927 #
Proposal for a regulation
Article 18 – paragraph 3 – subparagraph 1 – point b
Article 18 – paragraph 3 – subparagraph 1 – point b
(b) the market share in terms of volume of the signatories to the self-regulation measure in relation to the products covered by that measure is at least 80 % of units placed on the European market or put into service;
Amendment 928 #
Proposal for a regulation
Article 18 – paragraph 3 – subparagraph 2
Article 18 – paragraph 3 – subparagraph 2
The Commission shall adopt an implementing act containing a list of self- regulation measures established as valid alternatives to a delegated act adopted pursuant to Article 4 and that fulfil the requirements laid down in this paragraph. That implementing act shall be adopted in accordance with the advisory procedure referred to in Article 67(2).
Amendment 931 #
Proposal for a regulation
Article 18 – paragraph 4
Article 18 – paragraph 4
4. The Commission may at any point in time request the signatories of a self- regulation measure to submit a revised and updated version of that measure in view of relevant market or technological developments within the product group concerned or where it has reason to believe, based on substantiated claims, that the criteria set out in paragraph 3 are no longer fulfilled. Signatories shall have the possibility to withdraw from or maintain part of the self-regulation measure in response to this request.
Amendment 936 #
Proposal for a regulation
Article 18 – paragraph 6
Article 18 – paragraph 6
6. Where the Commission considers, based on information received pursuant to paragraphs 4 or 5, that a self-regulation measure no longer fulfils the criteria set out in paragraph 3, it shall provide its signatories with a reasonable timeframe within which to take corrective measures, before deciding whether to delete it from the list referred to in that paragraph. In such cases, the Commission may decide to adopt ecodesign requirements applicable to the product covered by that self-regulation measure.
Amendment 943 #
Proposal for a regulation
Article 19 – paragraph 3 – subparagraph 2 a (new)
Article 19 – paragraph 3 – subparagraph 2 a (new)
Support measures should be put in place, such as the availability of digital tools to upload and maintain information on the Digital Product Passport, access to low- cost expertise and software to carry out Life Cycle Assessments, support through existing funding mechanisms, as well as possibilities for simplified reporting procedures.
Amendment 960 #
Proposal for a regulation
Article 20 – paragraph 1 – subparagraph 1 – introductory part
Article 20 – paragraph 1 – subparagraph 1 – introductory part
Amendment 997 #
Proposal for a regulation
Article 20 – paragraph 3 – subparagraph 2 – point a
Article 20 – paragraph 3 – subparagraph 2 – point a
(a) health, hygiene and safety concerns;
Amendment 1025 #
Proposal for a regulation
Article 28 – paragraph 1 – point 2 a (new)
Article 28 – paragraph 1 – point 2 a (new)
(2a) This article shall not apply to second-hand economic operators.
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.