30 Amendments of Pernille WEISS related to 2022/0095(COD)
Amendment 158 #
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 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 161 #
Proposal for a regulation
Recital 22 a (new)
Recital 22 a (new)
(22a) Encouraging the use of bio-based substances is essential to making the EU economy more circular and sustainable. The Chemicals Strategy for Sustainability notably encourages substituting chemicals with bio-based substances. The list of substances of concern should therefore not include bio-based substances unless they negatively impact the sustainability performance of a specific product. On the contrary, the use of safe, bio-based substances in products and processes should be promoted to replace hazardous chemicals.
Amendment 197 #
Proposal for a regulation
Recital 28
Recital 28
(28) In order to ensure interoperability, the types of permitted data carriers should be specified. For the same reason, the data carrier and the unique product identifier should be released in accordance with internationally recognised standards, relying on existing standards for tracking of products whenever possible. The power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission to amend this Regulation by replacing or adding standards in accordance with which the data carrier and the unique identifiers may be released, in light of technical or scientific progress. This should ensure that the information contained in the product passport can be recorded and transmitted by all economic operators, as well as to guarantee the compatibility of the unique identifier with external components such as scanning devices.
Amendment 319 #
Proposal for a regulation
Article 2 – paragraph 1 – point 18
Article 2 – paragraph 1 – point 18
(18) ‘refurbishment’ means preparing or modifying an object that is waste or a product to restore its performance or functionality within the intended use, range of performance and maintenance originally conceived at the design stage, or to meet applicable technical standards or regulatory requirements, with the result of making a fully functional produc while maintaining compliance with regulatory requirements applicable at the time of placing on the market;
Amendment 338 #
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 robust, verifiable standards based on a lifecycle approach;
Amendment 392 #
Proposal for a regulation
Article 2 – paragraph 1 – point 28 – point c a (new)
Article 2 – paragraph 1 – point 28 – point c a (new)
(ca) the criteria in point (b) does not apply to biodegradable, biological substances;
Amendment 397 #
Proposal for a regulation
Article 2 – paragraph 1 – point 35
Article 2 – paragraph 1 – point 35
(35) ‘destruction’ means the intentional damaging or discarding of a product as waste with the exception of discarding for the only purpose of delivering a product for preparing for re-use or, remanufacturing operationsr refurbishment operations, or when it is considered the most environmentally sustainable option, recycling;
Amendment 503 #
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 relevant and proportionate ecodesign requirements to improve the following product aspects:
Amendment 514 #
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 540 #
Proposal for a regulation
Article 5 – paragraph 1 – point n a (new)
Article 5 – paragraph 1 – point n a (new)
(na) serviceable lifetime
Amendment 594 #
Proposal for a regulation
Article 5 – paragraph 4 a (new)
Article 5 – paragraph 4 a (new)
4a. consider interdependencies and possible trade-offs between different parameters of a product;
Amendment 608 #
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 leastincluding of SMEs;
Amendment 615 #
Proposal for a regulation
Article 5 – paragraph 5 a (new)
Article 5 – paragraph 5 a (new)
5a. A transition period of at least 18 months shall apply between the entry into force and the application of new ecodesign requirements;
Amendment 623 #
Proposal for a regulation
Article 5 – paragraph 6 – point b
Article 5 – paragraph 6 – point b
(b) allow, in the absence of information referred to in point (a), manufacturers to assess their supplies or services in order to verify compliance with ecodesign requirements and give access to relevant documents or facilities to those manufacturers, while respecting the right not to publically disclose information falling under intellectual property;
Amendment 669 #
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 substances of concern throughout the life cycle of products of all substances of concern remaining in the product as placed on the market, 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 731 #
Proposal for a regulation
Article 7 – paragraph 6 – subparagraph 2 – point e
Article 7 – paragraph 6 – subparagraph 2 – point e
(e) in a user manual or other documentation accompanying the product;
Amendment 738 #
Proposal for a regulation
Article 7 – paragraph 7
Article 7 – paragraph 7
7. The information to be supplied pursuant to information requirements shall be provided in a language or format which can be easily understood by consumers and other end-users, as determined by the Member State in which the product is to be made available on the market or put into service.
Amendment 762 #
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 771 #
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 796 #
Proposal for a regulation
Article 8 – paragraph 3 – point c a (new)
Article 8 – paragraph 3 – point c a (new)
(ca) be justified to significantly improve the environmental sustainability of products placed on the internal market;
Amendment 817 #
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, as well as respect confidentiality in regard to trade secrets;
Amendment 826 #
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, the product passport shall rely on information from existing and recognized databases or established industry solutions, such as the European Product Registry for Energy Labelling (EPREL)
Amendment 871 #
Proposal for a regulation
Article 14 – paragraph 4 a (new)
Article 14 – paragraph 4 a (new)
4a. Where a recognised Type I Ecolabel already exists, priority shall as a derogation from the above be given to this existing label rather than introducing a new label;
Amendment 930 #
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 that the criteria set out in paragraph 3 are no longer fulfilled. This request shall be justified based on sound data. Signatories shall be given the possibility to withdraw or remain part to the revised and updated self-regulation measure. Reasonable time to adapt to the revised and updated self- regulation measure shall be granted to signatories of that measure.
Amendment 935 #
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 the signatories of the self-regulation measure the opportunity to respond and if relevant 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 989 #
Proposal for a regulation
Article 20 – paragraph 2 – subparagraph 2 a (new)
Article 20 – paragraph 2 – subparagraph 2 a (new)
A transition period of at least 12 months shall apply before the application of new requirements;
Amendment 1014 #
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 digital copies of the labels, or where duly justified, by printed labels in accordance with that delegated act.
Amendment 1059 #
Proposal for a regulation
Article 57 – paragraph 1
Article 57 – paragraph 1
1. Member States incentives relating to products covered by a delegated act adopted pursuant to Article 4 that determines classes of performance in accordance with Article 7(4), in relation to a product parameter referred to in Annex I, shall concern the highest two classes of performance that are populated at Union level or, where relevant, products with an EU Ecolabel, and other officially recognised Type 1 ecolabels, unless otherwise specified in that delegated act.
Amendment 1093 #
Proposal for a regulation
Annex I – paragraph 1 – introductory part
Annex I – paragraph 1 – introductory part
The following parameters may, as appropriate, and where necessary supplemented by others, be used and justified by an assessment of the product’s life cycle and circularity, and where necessary supplemented by others, be used individually or aggregated, considering possible trade-offs between different parameters, as a basis for improving the product aspects referred to in Article 5(1):
Amendment 1106 #
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 their presence in products, including once these products become waste;