15 Amendments of Maria ARENA related to 2022/0095(COD)
Amendment 186 #
Proposal for a regulation
Recital 25
Recital 25
(25) Information on the presence of substances of concern, including microplastics and nano-plastics, 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. 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 355 #
Proposal for a regulation
Article 2 – paragraph 1 – point 28 – point a
Article 2 – paragraph 1 – point 28 – point a
(a) meets the criteria laid down in Article 57 andor is identified in accordance with Article 59(1) of Regulation (EC) No 1907/2006; or
Amendment 371 #
Proposal for a regulation
Article 2 – paragraph 1 – point 28 – point b – indent 9 a (new)
Article 2 – paragraph 1 – point 28 – point b – indent 9 a (new)
— substances regulated under Regulation (EU) No 2019/1021;
Amendment 374 #
Proposal for a regulation
Article 2 – paragraph 1 – point 28 – point b – indent 9 b (new)
Article 2 – paragraph 1 – point 28 – point b – indent 9 b (new)
— specific restricted substances listed in Annex XVII of Regulation (EC) No 1907/2006;
Amendment 375 #
Proposal for a regulation
Article 2 – paragraph 1 – point 28 – point b – indent 9 c (new)
Article 2 – paragraph 1 – point 28 – point b – indent 9 c (new)
— specific substances regulated under specific sectorial or product legislation (including Directive 2009/48/EC, the restriction of hazardous substances in Directive 2011/65/EU, Regulation (EU) 2017/852, and all others applicable);
Amendment 437 #
Proposal for a regulation
Article 2 – paragraph 1 – point 59 a (new)
Article 2 – paragraph 1 – point 59 a (new)
Amendment 516 #
Proposal for a regulation
Article 5 – paragraph 1 – point g
Article 5 – paragraph 1 – point g
(g) presence and uses of substances of concern as defined in Article 2(28);
Amendment 558 #
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 and other related Union priorities, notably the objective to achieve climate neutrality by 2050 and to reduce our overall material and consumption footprint to within planetary boundaries;
Amendment 587 #
Proposal for a regulation
Article 5 – paragraph 4 – point b
Article 5 – paragraph 4 – point b
(b) carry out an impact assessment based on best available evidence and analyses, and as appropriate on additional studies and research results produced under European funding programmes. In doing so, the Commission shall ensure that the depth of analysis of the product aspects listed in paragraph 1 is proportionate to their significance. The establishment of ecodesign requirements on the most significant aspects of a product among those listed in paragraph 1 shall not be unduly delayed by uncertainties regarding the possibility to establish ecodesign requirements to improve other aspects of that product. Based on the findings of that impact assessment, the Commission shall notify ECHA if findings determine that substances of concern or other substances causing environmental or social problems during the manufacturing, processing, and other stages of the life-cycle of specific product groups are not adequately controlled relating to their hazards to health and the environment;
Amendment 632 #
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
Amendment 658 #
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
3. Information requirements based on the product parameter set out in Annex I, point (f), shall not provide obligations on the labelling of substances or mixtures for reasons relating primarily to their hazards to health or the environment.
Amendment 670 #
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 enabloblige the tracking of all substances of concern and, where appropriate, all substances 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 680 #
Proposal for a regulation
Article 7 – paragraph 5 – subparagraph 1 – point a
Article 7 – paragraph 5 – subparagraph 1 – point a
(a) the IUPAC name of the substances of concern present in the product (including the chemical identification number, i.e. EINECS or ELINCS number or CAS number);
Amendment 722 #
Proposal for a regulation
Article 7 – paragraph 5 – subparagraph 4
Article 7 – paragraph 5 – subparagraph 4
Substances of concern falling under the definition in Article 2(28), point (a), shall not be exempted from the information requirement referred to in the first subparagraph if they are present in the relevant products, their main components or spare parts in a concentration above 0,1 % weight by weight. or the detection limit (whichever is more stringent).
Amendment 1004 #
Proposal for a regulation
Article 20 a (new)
Article 20 a (new)
Article 20 a 1. One year after the entry into force of this Regulation, the destruction of unsold consumer products by economic operators shall be prohibited for the following product categories: - textiles; - electrical and electronic equipment; 2. The Commission shall be empowered to adopt delegated acts in accordance with Article 66 to supplement this Regulation to set out certain exemptions from the prohibitions referred to in paragraph 1 where it is appropriate taking into account the following: (a) health and safety concerns; (b) refusal of products for donation, preparing for re-use or remanufacturing; or (c) counterfeit products. 3. Where unsold consumer products are destroyed under an exemption referred to in paragraph 2, the responsible economic operator shall disclose on a freely accessible website or otherwise make publicly available: (a) the number of unsold consumer products destroyed; (b) the reasons for their destruction, referring to the applicable exemption; (c) the delivery of the products destroyed to recycling, energy recovery and disposal operations in accordance with the waste hierarchy as defined by Article 4 of Directive 2008/98/EC. The details and format for the disclosure of information provided in the implementing act adopted pursuant to Article 20(2) shall apply to the information to be disclosed pursuant to this paragraph.