86 Amendments of Jessica POLFJÄRD related to 2022/0095(COD)
Amendment 110 #
Proposal for a regulation
Recital 5
Recital 5
(5) This Regulation will support production and consumption patterns that are aligned with the Union’s overall sustainability targets by establishing a legislative framework which contributes to makenabling 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, recyclability, renewability, 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.
Amendment 116 #
Proposal for a regulation
Recital 5 a (new)
Recital 5 a (new)
(5a) As this Regulation will establish provisions to extend the lifecycle of products on the single market, it should not impede the re-use of components or spare parts for repairing products.
Amendment 122 #
Proposal for a regulation
Recital 9 a (new)
Recital 9 a (new)
(9a) There are numerous recognised EN ISO 14024 ecolabels across the Union. In many Member States, such ecolabels are well-established and recognised by consumers. New labelling requirements laid down in this Regulation should therefore not exclude such existing ecolabels.
Amendment 132 #
Proposal for a regulation
Recital 11 a (new)
Recital 11 a (new)
(11a) In order to create an effective and clear regulatory framework, it is vital that duplication and regulatory overlap be avoided. Therefore, components should not be regulated both as components as such and also as finished products.
Amendment 136 #
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 sustainability, such as energy efficiency, durability, repairability, recyclability, renewability, reusability, refurbishment and carbon and environmental footprints. Ecodesign requirements should be transparent, objective, proportionate and in compliance with international trade rules.
Amendment 150 #
Proposal for a regulation
Recital 19
Recital 19
(19) In order to take into account the diversity of products, the Commission should select the methods to assess the setting of the ecodesign requirements and, as appropriate, develop them further based on the nature of the product, its most relevant aspects and its impacts over its life cycle. In doing so, the Commission should take account of its experience in assessing the setting of requirements under Directive 2009/125/EC and the continuing efforts to develop and improve science-based assessment tools, such as the update of the methodology for ecodesign of energy- related products, and the Product Environmental Footprint method set out in Commission Recommendation (EU) 2021/227956 , including as regards temporary storage of carbon, as well as the development of standards by international and European standardisation organisations, including on the material efficiency of energy-related products. Building on these tools and using dedicated studies when needed, the Commission should further reinforce circularity aspects (such as durability, reparability, recyclability, renewability, reusability and refurbishment, including reparability scoring, identification of chemicals hindering re-use and recycling) in the assessment of products, in accordance with a life-cycle approach, and in the preparation of ecodesign requirements, and should develop new methods or tools where appropriate. New approaches may also be needed for the preparation of mandatory public procurement criteria and for bans on the destruction of unsold consumer products. __________________ 56 Commission Recommendation (EU) 2021/2279 of 15 December 2021 on the use of the Environmental Footprint methods to measure and communicate the life cycle environmental performance of products and organisations.
Amendment 157 #
Proposal for a regulation
Recital 22
Recital 22
(22) Chemical safety is a recognised element of product sustainability. It is based on chemicals’ intrinsic hazards to health or the environment in combination with specific or generic exposure, and is addressed by chemicals legislation, such as Regulation (EC) No 1935/2004 of the European Parliament and of the Council58 , Regulation (EC) No 1907/2006 of the European Parliament and of the Council59 , Regulation (EC) No 1223/2009 of the European Parliament and of the Council60 , Regulation (EU) 2017/745 of the European Parliament and of the Council61 and Directive 2009/48/EC of the European Parliament and of the Council62 . This Regulation should not enable the restriction of substances based on chemical safety, as done under other Union legislation. Similarly, this Regulation should not enable the restriction of substances for reasons related to food safety. Union law on chemicals and food, however, does not allow addressing, through restrictions on certain substances, impacts on sustainability that are unrelated to chemical safety or food safety. To overcome this limitation, this Regulation should allow, under certain conditions, for the restriction, primarily for reasons other than chemical or food safety, of substances present in products or used in their manufacturing processes which negatively affect products’ sustainability. This Regulation also should not result in the duplication or replacement of restrictions of substances covered by other legislation, including Directive 2011/65/EU of the European Parliament and of the Council63 , which has as its objective the protection of human health and the environment, including the environmentally sound recovery and disposal of waste from electrical and electronic equipment. __________________ 58 Regulation (EC) No 1935/2004 of the European Parliament and of the Council of 27 October 2004 on materials and articles intended to come into contact with food and repealing Directives 80/590/EEC and 89/109/EEC (OJ L 338, 13.11.2004, p. 4). 59 Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency, amending Directive 1999/45/EC and repealing Council Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC (OJ L 396, 30.12.2006, p. 1). 60 Regulation (EC) No 1223/2009 of the European Parliament and of the Council of 30 November 2009 on cosmetic products (OJ L 342, 22.12.2009, p. 59). 61 Regulation (EU) 2017/746 of the European Parliament and of the Council of 5 April 2017 on in vitro diagnostic medical devices and repealing Directive 98/79/EC and Commission Decision 2010/227/EU (OJ L 117, 5.5.2017, p. 176). 62 Directive 2009/48/EC of the European Parliament and of the Council of 18 June 2009 on the safety of toys (OJ L 170, 30.6.2009, p. 1). 63 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 (OJ L 174, 1.7.2011, p. 88).
Amendment 179 #
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 relevant 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 194 #
Proposal for a regulation
Recital 26
Recital 26
(26) The information requirements set under this Regulation should include the requirement to make available a product passport. The product passport is an important tool for making information available to actors along the entire value chain and the availability of a product passport should significantly enhance end- to-end traceability of a product throughout its value chain. Among other things, the product passport should help consumers make informed choices by improving their access to product information relevant to them, allow economic operators other value chain actors such as professional repairers or recyclers to access relevant information, and enable competent national authorities to perform their duties. To this end, the product passport should not replace but complement non-digital forms of transmitting information, such as information in the product manual or on a label. In addition, it should be possible for the product passport to be used for information on other sustainability aspects applicable to the relevant product group pursuant to other Union legislation.
Amendment 213 #
Proposal for a regulation
Recital 43
Recital 43
(43) In addressing construction products, this Regulation should set requirements on final products only when the obligations created by [the revised Construction Products Regulation] and its implementation are unlikely to sufficiently achieve the environmental sustainability objectives pursued by this Regulation. In addition, wWhen formulating working plans, the Commission should take into account that, in continuation of current practice, [the revised Construction Products Regulation] will, in relation to energy- related products that are also construction products, give prevalence to sustainability requirements set under this Regulation. This should be the case for instance for heaters, boilers, heat pumps, water and space heating appliances, fans, cooling and ventilating systems and photovoltaic products (excluding building- integrated photovoltaic panels). For these products, [the revised Construction Products Regulation] may intervene in a complementary manner where needed, mainly in relation to safety aspects, also taking account of other Union legislation on products such as on gas appliances, low voltage, and machinery.
Amendment 218 #
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, through existing funding and financing tools, 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 as well as facilitate SMEs' access to digital tools for generating a product passport and to relevant software databases for the lifecycle assessment. Member States actions should be taken in respect of applicable State aid rules.
Amendment 262 #
Proposal for a regulation
Article 1 – paragraph 1 – subparagraph 1 – introductory part
Article 1 – paragraph 1 – subparagraph 1 – introductory part
This Regulation establishes a framework to improve the environmental sustainability of products andin order to make sustainable products the predominant type of products on the market and to reduce their overall environmental footprint over their lifecycle as well as to ensure free movement in the internal market by setting ecodesign requirements that products shall fulfil to be placed on the market or put into service. Those ecodesign requirements, which shall be further elaborated by the Commission in delegated acts, relate to:
Amendment 337 #
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 methods for quantification of environmental impact;
Amendment 351 #
Proposal for a regulation
Article 2 – paragraph 1 – point 28 – introductory part
Article 2 – paragraph 1 – point 28 – introductory part
(28) ‘substance of concern’ means a substance that is present in the product as placed on the market while impeding the re-use or recycling in said product; a substance can be of concern only if:
Amendment 359 #
Proposal for a regulation
Article 2 – paragraph 1 – point 28 – point b – indent 6
Article 2 – paragraph 1 – point 28 – point b – indent 6
— chronic hazard to the aquatic environment categories 1 to 42,
Amendment 365 #
Proposal for a regulation
Article 2 – paragraph 1 – point 28 – point b – indent 9
Article 2 – paragraph 1 – point 28 – point b – indent 9
— specific target organ toxicity – single exposure categories 1 and 2; orand
Amendment 386 #
Proposal for a regulation
Article 2 – paragraph 1 – point 28 – point c
Article 2 – paragraph 1 – point 28 – point c
(c) negatively affeobstructs the re-use and recycling of materials in the product in which it is present with state-of-the-art technologies;
Amendment 405 #
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 and sale that has not been sold 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 412 #
Proposal for a regulation
Article 2 – paragraph 1 – point 39
Article 2 – paragraph 1 – point 39
(39) ‘making available on the market’ means any supply of a product for distribution, consumption or use on the Union market in the course of a commercial activity, whether in return for payment or free of charge, including through online marketplaces;
Amendment 415 #
Proposal for a regulation
Article 2 – paragraph 1 – point 40
Article 2 – paragraph 1 – point 40
(40) ‘placing on the market’ means the first making available of a product on the Union market, including through online marketplaces;
Amendment 419 #
Proposal for a regulation
Article 2 – paragraph 1 – point 44
Article 2 – paragraph 1 – point 44
(44) ‘importer’ means any natural or legal person established in the Union who places a product from a third country on the Union market, including through online marketplaces;
Amendment 421 #
Proposal for a regulation
Article 2 – paragraph 1 – point 45
Article 2 – paragraph 1 – point 45
(45) ‘distributor’ means any natural or legal person in the supply chain, other than the manufacturer or the importer, including remanufacturers and companies who repair and upgrade products, who makes a product available on the market, including through online marketplaces;
Amendment 432 #
Proposal for a regulation
Article 2 – paragraph 1 – point 56
Article 2 – paragraph 1 – point 56
(56) ‘dealer’ means a retailer or any other natural or legal person who offers products for sale, hire or hire purchase, or displays products to customers in the course of a commercial activity, whether or not in return for payment, including through online marketplaces;
Amendment 441 #
Proposal for a regulation
Article 2 – paragraph 1 – point 59 a (new)
Article 2 – paragraph 1 – point 59 a (new)
(59a) 'renewability' means the ability of a natural resource to regenerate and recover over time.
Amendment 444 #
Proposal for a regulation
Article 2 – paragraph 1 – point 59 b (new)
Article 2 – paragraph 1 – point 59 b (new)
(59b) 'professional repairer´ means an operator or undertaking which provides professional repair and maintenance services.
Amendment 447 #
Proposal for a regulation
Article 2 – paragraph 1 – point 59 c (new)
Article 2 – paragraph 1 – point 59 c (new)
(59c) 'renewability of materials and use or content of renewable raw materials' means the ability for a natural resource to replenish and recover over time.
Amendment 468 #
Proposal for a regulation
Article 3 – paragraph 4
Article 3 – paragraph 4
4. Member States shall not prohibit, restrict or impede the placing on the market or putting into service of products on grounds of non-compliance with national requirements relating to product parameters referred to in Annex I, for which a delegated act adopted pursuant to Article 4 provides that no performance, no information or neither performance nor information requirements are necessary.
Amendment 478 #
Proposal for a regulation
Article 4 – paragraph 2 a (new)
Article 4 – paragraph 2 a (new)
When establishing ecodesign requirements in delegated acts referred to in the first subparagraph, the Commission shall provide economic operators with sufficient time to adjust to the new requirements, with particular consideration for SMEs.
Amendment 483 #
Proposal for a regulation
Article 4 – paragraph 3 – point a
Article 4 – paragraph 3 – point a
(a) requiring manufacturers, their authorised representatives or importers to make parts of the technical documentation related to the relevant product digitally available to the Commission or market surveillance authorities without request, in accordance with Article 30(3);
Amendment 490 #
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 point (c), in accordance with Article 31(3), subject to privacy considerations;
Amendment 501 #
Proposal for a regulation
Article 5 – paragraph 1 – introductory part
Article 5 – paragraph 1 – introductory part
1. The Commission shall, as appropriate to the relevant product groups and with due consideration for all stages of their life cycle, establish ecodesign requirements, quantitatively measurable accord to provisions under Article 32, to improve the following product aspects:
Amendment 515 #
Proposal for a regulation
Article 5 – paragraph 1 – point g
Article 5 – paragraph 1 – point g
(g) presence of substances of concern in the product as placed on the market;
Amendment 525 #
Proposal for a regulation
Article 5 – paragraph 1 – point k
Article 5 – paragraph 1 – point k
(k) possibility of remanufacturing and recycling;
Amendment 530 #
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 535 #
Proposal for a regulation
Article 5 – paragraph 1 – point n a (new)
Article 5 – paragraph 1 – point n a (new)
(na) renewability of materials and use or content of renewable raw materials.
Amendment 541 #
Proposal for a regulation
Article 5 – paragraph 1 – point n a (new)
Article 5 – paragraph 1 – point n a (new)
(na) renewable content;
Amendment 542 #
Proposal for a regulation
Article 5 – paragraph 1 – point n b (new)
Article 5 – paragraph 1 – point n b (new)
(nb) renewabilitity;
Amendment 546 #
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 may, in well-justified cases, 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, following an impact assessment and consultation with relevant Union agencies, that that self-regulation measure does not sufficiently address the product aspect covered by that horizontal ecodesign requirement.
Amendment 560 #
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 pursuant to Regulation (EU) 2021/1119;
Amendment 571 #
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, in order to ensure harmonisation and avoid double regulation;
Amendment 579 #
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 need to ensure harmonisation and avoid duplication and regulatory overlap;
Amendment 591 #
Proposal for a regulation
Article 5 – paragraph 4 – point d
Article 5 – paragraph 4 – point d
(d) take into account the views expressed by the Ecodesign Forum referred to in Article 17 and public consultation feedback.
Amendment 607 #
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 leastespecially of SMEs;
Amendment 613 #
Proposal for a regulation
Article 5 – paragraph 5 – point f a (new)
Article 5 – paragraph 5 – point f a (new)
(fa) they shall be technically feasible in accordance with state-of-the art technology.
Amendment 622 #
Proposal for a regulation
Article 5 – paragraph 6 – point a a (new)
Article 5 – paragraph 6 – point a a (new)
(aa) ensure that necessary information is provided to enable economic operators to comply with the performance and information requirements set out in Articles 6 and 7 ;
Amendment 631 #
Proposal for a regulation
Article 6 – paragraph 2 – introductory part
Article 6 – paragraph 2 – introductory part
2. Performance requirements referred to in paragraph 1 shall be based on the relevant product parameters referred to in Annex I and shall, as appropriate, include:
Amendment 638 #
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
3. Performance requirements based on the product parameter set out in Annex I, point (f), shall not restrict the presence of substances in products for reasons relating primarily to chemical safety. In such cases the Commission shall initiate, where appropriate, the procedures referred to in Regulation (EC) No 1907/2006.
Amendment 662 #
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. In such cases the Commission shall initiate, where appropriate, the procedures referred to in Regulation (EC) No 1907/2006.
Amendment 666 #
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 throughout the life cycle of products the tracking of all substances of concern throughout the life cycle of products, unless such tracking is already enabled by anotherremaining in the product as placed on the market and negatively impacting its sustainability according to a threshold-based approach under relevant reference legislation on chemicals and products and covered by delegated acts adopted pursuant to Article 4 covering the products concerned, and shall include at least the following:
Amendment 690 #
Proposal for a regulation
Article 7 – paragraph 5 – subparagraph 1 – point c
Article 7 – paragraph 5 – subparagraph 1 – point c
(c) the concentration, maximum concentration or concentration range of the substances of concern, at the level of the product, its main components, or spare parts, determined on a case-by-case basis through the impact assessment under Article 5(4)(b);
Amendment 726 #
Proposal for a regulation
Article 7 – paragraph 6 – subparagraph 1 a (new)
Article 7 – paragraph 6 – subparagraph 1 a (new)
The required information shall be provided in accordance with Directive (EU) 2019/882 of the European Parliament and of the Council1a. __________________ 1a Directive (EU) 2019/882 of the European Parliament and of the Council of 17 April 2019 on the accessibility requirements for products and services (OJ L 151, 7.6.2019, p. 70).
Amendment 728 #
Proposal for a regulation
Article 7 – paragraph 6 – subparagraph 2 – point d
Article 7 – paragraph 6 – subparagraph 2 – point d
(d) on a label referred to in Article 14, provided that officially recognised EN ISO14024 type I ecolabels do not already exist for the product group;
Amendment 750 #
Proposal for a regulation
Article 8 – paragraph 2 – point e
Article 8 – paragraph 2 – point e
(e) the manner in which the non- confidential information contained in a product passport shall be made accessible to customers before they are bound by a sales contract, including in case of distance selling, in line with Directive (EU) 2019/882;
Amendment 763 #
Proposal for a regulation
Article 8 – paragraph 2 – point f
Article 8 – paragraph 2 – point f
(f) the actors that shall have access to information in the product passport and to what information they shall have access, including customers, end-users, manufacturers, importers and distributors, dealers, professional repairers, remanufacturers, recyclers, competent national authorities, public interest organisations and the Commission, or any organisation acting on their behalf;
Amendment 769 #
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, professional repairers, maintenance professionals, remanufacturers, recyclers, competent national authorities, and the Commission, or any organisation acting on their behalf;
Amendment 776 #
Proposal for a regulation
Article 8 – paragraph 2 – point h a (new)
Article 8 – paragraph 2 – point h a (new)
(ha) when and under which circumstances the information in the product passport shall be updated and by whom;
Amendment 778 #
Proposal for a regulation
Article 8 – paragraph 2 – point h b (new)
Article 8 – paragraph 2 – point h b (new)
(hb) the period during which the specifications of the product passport shall remain in force.
Amendment 798 #
Proposal for a regulation
Article 8 – paragraph 3 – point c a (new)
Article 8 – paragraph 3 – point c a (new)
(ca) significantly improve the sustainability of products;
Amendment 800 #
Proposal for a regulation
Article 8 – paragraph 3 – point c b (new)
Article 8 – paragraph 3 – point c b (new)
(cb) improve the traceability of products along the value chain without compromising the data security of operators;
Amendment 803 #
Proposal for a regulation
Article 8 – paragraph 3 a (new)
Article 8 – paragraph 3 a (new)
3a. Ensure the free movement of goods and services on the internal market.
Amendment 804 #
Proposal for a regulation
Article 8 – paragraph 3 b (new)
Article 8 – paragraph 3 b (new)
3b. In order to protect confidential business information and comply with paragraph 3(b), actors along the value chain shall make a specific request to the manufacturer when the information cannot be shared publicly, and the information needs to be transmitted in a secure manner.
Amendment 805 #
Proposal for a regulation
Article 8 – paragraph 4 – point a
Article 8 – paragraph 4 – point a
(a) technical specifications are not available in relation to the essential requirements included in Article 10, including second-hand products that were originally placed on the market before the enforcement of this Regulation; or
Amendment 816 #
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 respecting requirements concerning trade secrets and proprietary information;
Amendment 831 #
Proposal for a regulation
Article 9 – paragraph 1 a (new)
Article 9 – paragraph 1 a (new)
1a. Where relevant, the product passport shall rely on existing databases.
Amendment 839 #
Proposal for a regulation
Article 10 – paragraph 1 – point a
Article 10 – paragraph 1 – point a
(a) product passports shall be fully interoperable with other product passports required by delegated acts adopted pursuant to Article 4 in relation to the technical, semantic and organisational aspects of end-to-end communication and data transfer and with existing product databases;
Amendment 850 #
Proposal for a regulation
Article 10 – paragraph 1 – point f
Article 10 – paragraph 1 – point f
(f) the rights to access and to introduce, modify or update information in product passport shall be restricted based on the access rights specified in delegated acts adopted pursuant to Article 4, with specific consideration of information that constitutes trade secrets or proprietary information;
Amendment 853 #
Proposal for a regulation
Article 10 – paragraph 1 – point h
Article 10 – paragraph 1 – point h
(h) product passports shall be designed and operated so that a high level of security and privacy is ensured, in particular for proprietary information, and fraud is avoided.
Amendment 867 #
Proposal for a regulation
Article 14 – paragraph 1 – point c
Article 14 – paragraph 1 – point c
(c) the manner in which the label shall be displayed to customers including in case of distance selling, taking into account the requirements set out in Article 26 and relevant measures established in Directive (EU) 2019/882, and the implications for the relevant economic operators;
Amendment 891 #
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, within an appropriate timeframe, as referred to in Article 17.
Amendment 895 #
Proposal for a regulation
Article 16 – paragraph 2 a (new)
Article 16 – paragraph 2 a (new)
2a. The Commission shall make the working plan publicly available.
Amendment 910 #
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 Forum shall advise the Commission on the delegated acts referred to in Article 4 and carry out its tasks in accordance with the principle of transparency.
Amendment 996 #
Proposal for a regulation
Article 20 – paragraph 3 – subparagraph 2 – point a
Article 20 – paragraph 3 – subparagraph 2 – point a
(a) health and, safety and hygiene concerns;
Amendment 1015 #
Proposal for a regulation
Article 26 – paragraph 1
Article 26 – paragraph 1
1. Where a delegated act adopted pursuant to Article 4 requires products to have a label as referred to in Article 14, the economic operator placing the product on the market or putting it into service shall ensure that products are accompanied, for each individual unit and free of charge, by printed or digital labels in accordance with that delegated act.
Amendment 1018 #
Proposal for a regulation
Article 26 – paragraph 4 – point b
Article 26 – paragraph 4 – point b
(b) not provide or display other labels, marks, symbols or inscriptions that are likely to mislead or confuse customers with respect to the information included on the label. These provisions are without prejudice to the EU ecolabel and other state commissioned type 1-ecolabels (ISO 14024).
Amendment 1039 #
Proposal for a regulation
Article 31 – paragraph 1 – subparagraph 3
Article 31 – paragraph 1 – subparagraph 3
The Commission shall ensure that the resulting data is processed securely and in compliance with Union law and that any publication of the resulting data by the Commission is aggregated.
Amendment 1040 #
Proposal for a regulation
Article 31 – paragraph 2 – subparagraph 1 – point b
Article 31 – paragraph 2 – subparagraph 1 – point b
(b) the technical feasibility of recording in-use data, taking into account cost, cybersecurity, data protection and data storage;
Amendment 1076 #
Proposal for a regulation
Article 66 – paragraph 4
Article 66 – paragraph 4
4. Before adopting a delegated act, the Commission shall consult experts designated by each Member State acting in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making. The Commission shall consult Member States' experts after completion of the consultation pursuant to Article 5(4)(d).
Amendment 1095 #
Proposal for a regulation
Annex I – paragraph 1 – point b
Annex I – paragraph 1 – point b
(b) ease of repair and maintenance, keeping in mind product safety, as expressed through: characteristics, availability and delivery time of spare parts, modularity, compatibility with commonly available spare parts, availability of repair and maintenance instructions, number of materials and components used, use of standard components, use of component and material coding standards for the identification of components and materials, number and complexity of processes and tools needed, ease of non-destructive disassembly and re-assembly, conditions for access to product data, conditions for access to or use of hardware and software needed; access to the information shall be facilitated on a need-to-know basis in line with intellectual property rules;
Amendment 1097 #
Proposal for a regulation
Annex I – paragraph 1 – point c
Annex I – paragraph 1 – point c
(c) ease of upgrading, re-use, remanufacturing and refurbishment as expressed through: number of materials and components used, use of standard components, use of component and material coding standards for the identification of components and materials, number and complexity of processes and tools needed, ease of non-destructive disassembly and re-assembly, conditions for access to product data, conditions for access to or use of hardware and software needed, conditions of access to test protocols or not commonly available testing equipment, availability of guarantees specific to remanufactured or refurbished products, conditions for access to or use of technologies protected by intellectual property rights, modularity; access to the information shall be facilitated on a need-to-know basis in line with intellectual property rules;
Amendment 1101 #
Proposal for a regulation
Annex I – paragraph 1 – point e
Annex I – paragraph 1 – point e
(e) avoidance of technical solutions detrimental to re-use, upgrading, repair, maintenance, refurbishment, remanufacturing and recycling of products and components, unless required to ensure that the product is safe;
Amendment 1105 #
Proposal for a regulation
Annex I – paragraph 1 – point f
Annex I – paragraph 1 – point f
(f) use of substances, on their own, as constituents of substances or in mixtures, during the production process of products, or leading to which results in their presence in products, including once these products become waste;
Amendment 1113 #
Proposal for a regulation
Annex I – paragraph 1 – point h a (new)
Annex I – paragraph 1 – point h a (new)
(ha) Use or content of bio-based renewable materials;
Amendment 1116 #
Proposal for a regulation
Annex I – paragraph 1 – point p
Annex I – paragraph 1 – point p
(p) amounts of waste generated, including plastic waste and packaging waste and their ease of re-use, ease of recycling, and amounts of hazardous waste generated;
Amendment 1117 #
Proposal for a regulation
Annex I – paragraph 1 – point q
Annex I – paragraph 1 – point q
(q) conditions for use., including the environmental impact and benefits during use;
Amendment 1118 #
Proposal for a regulation
Annex I – paragraph 1 – point q a (new)
Annex I – paragraph 1 – point q a (new)
(qa) renewability of materials and use or content of renewable materials.
Amendment 1132 #
Proposal for a regulation
Annex III – paragraph 1 – point k a (new)
Annex III – paragraph 1 – point k a (new)
(ka) a digital certificate of product authentication.