Activities of Jakop G. DALUNDE related to 2022/0095(COD)
Shadow opinions (1)
OPINION on the proposal for a regulation of the European Parliament and of the Council on Establishing a framework for setting ecodesign requirements for sustainable products and repealing Directive 2009/125/EC
Amendments (37)
Amendment 35 #
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, reuse, refurbishment and carbon and environmental footprints. Ecodesign requirements should be transparent, objective, proportionate and in compliance with international trade rules.
Amendment 41 #
Proposal for a regulation
Recital 64
Recital 64
(64) In order to improve future ecodesign requirements and improve end- users confidence identifying and correcting deviations between energy in-use and other performance parameters when measured under test conditions and actual functioning, the Commission should havemay access to products’ actual energy consumption while in use, when the end- user has expressly allowed the sharing of such data, and where relevant to other performance parameters. To that end, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission to supplement this Regulation by requiring individual products, similarly to road vehicles, to determine their in-use energy consumption and other relevant performance parameters and display it to the end-user. For products connected to the internet, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission to supplement this Regulation by requiring economic operators to remotely collect such in-use data and report it to the Commission, as it is essential to identify how the products perform and to inform the public. For products whose in use performance depends significantly also on climatic or geographical conditions, climatic or geographical information should also be collected, anonymised and reported.
Amendment 46 #
Proposal for a regulation
Article 1 – paragraph 1 – subparagraph 1 – point e a (new)
Article 1 – paragraph 1 – subparagraph 1 – point e a (new)
(e a) type of energy used in production, including in terms of greenhouse gas intensity;
Amendment 48 #
Proposal for a regulation
Article 1 – paragraph 1 – subparagraph 1 – point i a (new)
Article 1 – paragraph 1 – subparagraph 1 – point i a (new)
(i a) products’ compliance with social and labour standards along the value chain;
Amendment 50 #
Proposal for a regulation
Article 1 – paragraph 1 – subparagraph 1 – point i b (new)
Article 1 – paragraph 1 – subparagraph 1 – point i b (new)
(i b) other due diligence requirements in accordance with Union law.
Amendment 64 #
Proposal for a regulation
Article 4 – paragraph 3 – point c a (new)
Article 4 – paragraph 3 – point c a (new)
(c a) requiring products places on the market to be able to account for what type of energy that has been consumed, or bought, in relation to the production;
Amendment 65 #
Proposal for a regulation
Article 4 – paragraph 3 – point d
Article 4 – paragraph 3 – point d
(d) requiring manufacturers, their authorised representatives or importers to collect, anonymise, or report to the Commission the in-use data referred to in points (c) and (ca), in accordance with Article 31(3), and respecting the privacy rights and rights to personal data of the consumer;
Amendment 72 #
Proposal for a regulation
Article 5 – paragraph 1 – point h a (new)
Article 5 – paragraph 1 – point h a (new)
(h a) type of energy used for production, including in terms of greenhouse gas intensity;
Amendment 82 #
Proposal for a regulation
Article 5 – paragraph 3 – introductory part
Article 5 – paragraph 3 – introductory part
3. Ecodesign requirements shall, as appropriate, include:
Amendment 84 #
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, resource security and biodiversity priorities and other related Union priorities;
Amendment 91 #
Proposal for a regulation
Article 5 – paragraph 4 – point d a (new)
Article 5 – paragraph 4 – point d a (new)
(d a) take into account views expressed by the European Parliament on the ecodesign requirements for specific products or product groups;
Amendment 95 #
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 of shall be limited, in particular for SMEs;
Amendment 98 #
Proposal for a regulation
Article 5 – paragraph 5 – point f
Article 5 – paragraph 5 – point f
(f) there shall be no disproporadditionatel administrative burdens on manufacturers or other economic actors shall be limited, in particular for SMEs.
Amendment 100 #
Proposal for a regulation
Article 5 – paragraph 5 – point f a (new)
Article 5 – paragraph 5 – point f a (new)
(f a) the requirements shall effectively contribute to the Union’s climate and environmental objectives and targets;
Amendment 109 #
Proposal for a regulation
Article 5 – paragraph 8
Article 5 – paragraph 8
8. The Commission shall publish, in due time before the adoption of delegated acts, relevant studies and analyses used in the establishment of ecodesign requirements in accordance with this Regulation.
Amendment 110 #
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 manner and clearly visible at the time of purchase, including in case of distance selling, pursuant to requirements under Article 14 of this Regulation.
Amendment 111 #
Proposal for a regulation
Article 7 – paragraph 4 – subparagraph 2
Article 7 – paragraph 4 – subparagraph 2
Those classes of performance shall correspond to statistically significant improvements in performance levels and follow logical progression in improvement that are easy to understand for consumers. Specific information on the differences between the performance levels should be easily accessible to consumers, for example through a website clearly displayed or found through a visible data carrier. The purpose of the classes of performance shall be to empower the consumer to make informed and sustainable choices, and to support a consumption trajectory that is compliant with EU legislation and targets when it comes to climate, environment, energy efficiency, resource security, social sustainability and biodiversity.
Amendment 113 #
Proposal for a regulation
Article 7 – paragraph 6 – subparagraph 2 – point e
Article 7 – paragraph 6 – subparagraph 2 – point e
Amendment 114 #
Proposal for a regulation
Article 7 – paragraph 6 – subparagraph 2 – point f
Article 7 – paragraph 6 – subparagraph 2 – point f
Amendment 117 #
Proposal for a regulation
Article 7 – paragraph 6 – subparagraph 3 a (new)
Article 7 – paragraph 6 – subparagraph 3 a (new)
In addition to the points mentioned in subparagraph 1, the required information can, as appropriate, be provided using the following manners: (a) in a user manual, (b) on a free access website or application.
Amendment 123 #
Proposal for a regulation
Article 10 – paragraph 1 – point d
Article 10 – paragraph 1 – point d
(d) if the data included in the product passport is stored or otherwise processed by operators authorised to act on their behalf, those operators shall not be allowed to sell, re-use or process such data, in whole or in part, beyond what is necessary for the provision of the relevant storing or processing services, and those operators are liable to ensure sufficient cybersecurity for the data;
Amendment 134 #
Proposal for a regulation
Article 16 – paragraph 1 – point c
Article 16 – paragraph 1 – point c
(c) the distribution of theclimate and environmental impacts, energy use and waste generation across the value chain, in particular whether they take place withincluding outside the Union;
Amendment 135 #
Proposal for a regulation
Article 16 – paragraph 2 – subparagraph 2
Article 16 – paragraph 2 – subparagraph 2
When adopting or updating the working plan referred to in the first subparagraph, the Commission shall take into account the criteria set out in paragraph 1 of this Article and shall consult the Ecodesign Forum referred to in Article 17. and present in due time before the adoption of the working plan a draft to the European Parliament for consultation.
Amendment 136 #
Proposal for a regulation
Article 16 – paragraph 2 – subparagraph 2 a (new)
Article 16 – paragraph 2 – subparagraph 2 a (new)
The first working plan shall be adopted no later than 3 months after the adoption of this regulation. The first delegated acts to be established as according to the first working plan shall include one or more product groups to cover the textile industry.
Amendment 137 #
Proposal for a regulation
Article 17 – paragraph 1
Article 17 – paragraph 1
The Commission shall ensure that when it conducts its activities, it observes a balanced participation of Member States’ representatives and all interested parties involved with the product or product group in question, such as industry, including SMEs and craft industry, trade unions, traders, retailers, importers, environmental and climate protection groups and consumer organisations, environmental and climate experts, consumer organisations and other relevant NGOs. The Ecodesign Forum shall also invite relevant stakeholders from outside the EU within the value chains that lead to the European Market, to share their views and expertise. These parties shall contribute in particular to preparing ecodesign requirements, examining the effectiveness of the established market surveillance mechanisms and assessing self-regulation measures.
Amendment 141 #
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 expert group shall achieve a balanced representation of the parties above listed, particularly in terms of environmental and climate protection groups and experts and it may not be dominated by industry-attached parties. The balance of the expert group may be adapted for the different topics to be discussed within the Ecodesign Forum. The expert group shall strive for gender balance.
Amendment 143 #
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
1. Twohree or more economic operators may submit a self-regulation measure establishing ecodesign requirements for products to the Commission as an alternative to a delegated act adopted pursuant to Article 4, if the delegated act is not expected to be adopted within a year, or the self-regulation measure is more ambitious. Those operators shall provide evidence that the criteria referred to in paragraph 3, points (a) to (e), are fulfilled. With respect to paragraph 3, point (a), that evidence shall consist of a structured technical, environmental and economic analysis, justifying the ecodesign requirements and objectives of the self- regulation measure, and assessing the impacts of the ecodesign requirements set in that self-regulation measure.
Amendment 144 #
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 proposed self-regulation measure, and, where necessary, shall seek scientific advice from Union decentralised agencies, as well as consult the relevant parties of the Ecodesign Forum that did not propose the self-regulation measure, in particular civil society organisations. The Commission shall also consult the Parliament.. On the basis of that assessment, it shall establish whether it is a valid alternative to a delegated act adopted pursuant to Article 4 where the following criteria are fulfilled:
Amendment 145 #
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 and ensuring the free movement in the internal market quicklyer or ato a lesser expenshigher degree than a delegated act adopted pursuant to Article 4;
Amendment 149 #
Proposal for a regulation
Article 18 – paragraph 5
Article 18 – paragraph 5
5. Once a self-regulation measure has been listed in an implementing act adopted pursuant to paragraph 3, second subparagraph, the signatories of that measure shall report to the Commission, at regular intervals set out in that implementing act, on the progress towards achieving the objectives of the self- regulation measures and to demonstrate that the criteria set in paragraph 3, points (a) to (e), remain fulfilled. Those reports shall also be made available on a publicly accessible website and be presented to the Parliament.
Amendment 162 #
Proposal for a regulation
Article 31 – paragraph 2 – subparagraph 1 – introductory part
Article 31 – paragraph 2 – subparagraph 1 – introductory part
When requiring a product to be able to measure the energy it consumes, the type of energy it consumes during production, including in terms of greenhouse gas intensity, or its performance in relation to other relevant product parameters referred to in Annex I while in use, pursuant to Article 4, third subparagraph, point (c), the Commission shall take into account the following criteria:
Amendment 163 #
Proposal for a regulation
Article 31 – paragraph 3 – subparagraph 1 – point b
Article 31 – paragraph 3 – subparagraph 1 – point b
(b) the need to avoid disproportionate administrative burden for economic operators and the need to protect the privacy of data.
Amendment 164 #
Proposal for a regulation
Article 31 – paragraph 3 – subparagraph 2 – point a
Article 31 – paragraph 3 – subparagraph 2 – point a
(a) collecting the in-use data if it can be accessed remotely via the internet, uonlessy if the end-user has expressly refusesallowed to make that data available;
Amendment 165 #
Proposal for a regulation
Article 31 – paragraph 4 a (new)
Article 31 – paragraph 4 a (new)
4 a. The Commission shall, for every delegated act every 2 years after implementation, analyse the data points collected with view of assessing the impact of the regulation against its stated goals.
Amendment 171 #
Proposal for a regulation
Annex VII – paragraph 1
Annex VII – paragraph 1
The following non-exhaustive list of indicative criteria mayshall be used to assess self-regulation measures as an alternative to a delegated act adopted pursuant to Article 4 of this Regulation:
Amendment 172 #
Proposal for a regulation
Annex VII – paragraph 3
Annex VII – paragraph 3
Self-regulation measures must respond to the policy objectives of this Regulation and must be consistent with the economic and social dimensions of sustainable development. Self-regulation measures must have an integrated approach to the protection of the interests of consumers, health, quality of life and economic interests. If they are not to be implemented before a delegated act, they must show a demonstrated higher ambition than the corresponding delegated act.
Amendment 173 #
Proposal for a regulation
Annex VII – paragraph 7
Annex VII – paragraph 7
Stakeholders including Member States, industry, environmental NGOs and consumers’ associations must be invited to comment on a self-regulation measure, including stakeholders of the value chain based outside the EU.