65 Amendments of Nikolaj VILLUMSEN related to 2022/0095(COD)
Amendment 124 #
Proposal for a regulation
Recital 9 a (new)
Recital 9 a (new)
(9a) There are well-established already existing officially recognised Type 1 ecolabels (ISO 14024) in many Member States, well-known and with high confidence among the consumers. Therefore new labels should only be introduced, as referred to in Article 7 (6) and Article 14, if there do not already exist such ecolabels for the product group.
Amendment 191 #
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 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, such as the Corporate Sustainability Reporting Directive.
Amendment 250 #
Proposal for a regulation
Recital 87
Recital 87
(87) Public procurement amounts to 14% of the Union’s GDP. To contribute to the objective of reaching climate neutrality, improving energy and resource efficiency, respect of social rights and transitioning to a circular economy that protects public health and biodiversity, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission to require , where appropriate, contracting authorities and entities as defined in Directive 2014/24/EU78 and 2014/25/EU79 of the European Parliament and of the Council, to align their procurement with specific green and socially responsible public procurement criteria or targets, to be set out in the delegated acts adopted pursuant to this Regulation. The criteria or targets set by delegated acts for specific product groups should be complied with not only when directly procuring those products in public supply contracts but also in public works or public services contracts where those products will be used for activities constituting the subject matter of those contracts. Compared to a voluntary approach, mandatory criteria or targets will ensure that the leverage of public spending to boost demand for better performing products is maximised. The criteria should be transparent, objective and non- discriminatory. __________________ 78 Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement and repealing Directive 2004/18/EC (OJ L 94, 28.3.2014, p. 65). 79 Directive 2014/25/EU of the European Parliament and of the Council of 26 February 2014 on procurement by entities operating in the water, energy, transport and postal services sectors and repealing Directive 2004/17/EC (OJ L 94, 28.3.2014, p. 243).
Amendment 263 #
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 bring back the consumption footprint of products within the planetary boundaries, to improve the environmental sustainability of products and 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 287 #
Proposal for a regulation
Article 1 – paragraph 1 – subparagraph 2
Article 1 – paragraph 1 – subparagraph 2
This Regulation also establishes a digital product passport (‘product passport’), provides for the setting of mandatory green and socially responsible public procurement criteria and creates a framework to prevent unsold consumer products from being destroyed.
Amendment 346 #
Proposal for a regulation
Article 2 – paragraph 1 – point 25
Article 2 – paragraph 1 – point 25
(25) ‘‘carbon footprint’ means the sum of greenhouse gas (GHG) emissions and GHG removals in a product system,. It is expressed as CO2 equivalents and based on a life cycle assessment using the single impact category of climate change;
Amendment 354 #
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 367 #
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; or
Amendment 370 #
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 the Regulation (EU) No 2019/1021;
Amendment 373 #
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 376 #
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/product legislation such as Regulation (EU) 2017/852 , Directive 2009/48/EC and the restriction of hazardous substances in Directive 2011/65/EU; or
Amendment 387 #
Proposal for a regulation
Article 2 – paragraph 1 – point 28 – point c
Article 2 – paragraph 1 – point 28 – point c
(c) negatively affects the re-use and recycling of materials in the product in which it is present; or
Amendment 389 #
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 current state of scientific knowledge cannot conclude on the absence of harm for human health or the environment, and is therefore not covered in (a), (b) or (c);
Amendment 409 #
Proposal for a regulation
Article 2 – paragraph 1 – point 38
Article 2 – paragraph 1 – point 38
Amendment 434 #
Proposal for a regulation
Article 2 – paragraph 1 – point 59 a (new)
Article 2 – paragraph 1 – point 59 a (new)
(59a) ‘independent operator’ means a natural or legal person who is independent from the manufacturer and the producer and is directly or indirectly involved in the repair, maintenance or repurposing of the product, and includes waste management operators, repairers, manufacturers or distributors of repair equipment, tools or spare parts, as well as publishers of technical information, operators offering inspection and testing services, operators offering training for installers, manufacturers, and repairers of equipment;
Amendment 473 #
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
The Commission is empowered to adopt delegated acts in accordance with Article 66 to supplement this Regulation by establishing ecodesign requirements for, or in relation to, products to improve their environmental and social sustainability. Those requirements shall include the elements listed in Annex VI and shall be established in accordance with Articles 5, 6 and 7 and Chapter III. The empowerment to adopt ecodesign requirements includes the power to establish that no performance requirements, no information requirements or neither performance nor information requirements are necessary for certain specified product parameters referred to in Annex I.
Amendment 512 #
Proposal for a regulation
Article 5 – paragraph 1 – point g
Article 5 – paragraph 1 – point g
(g) presence of substances of concern; (according to the definition in Article 2)
Amendment 556 #
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 priorit targets as defined in Regulation (EU) 2021/1119 of 30 June 2021, as well as those contracted in other international instruments; notably the objective to achieve climate neutrality by 2050 and to reduce our overall material and consumption footprint to within planetary boundaries;.
Amendment 565 #
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;the impacts of raw materials extraction on ecosystems and local communities as well as the sector’s potential to contribute to limiting the rise of global temperatures to 1.5,
Amendment 573 #
Proposal for a regulation
Article 5 – paragraph 4 – point a – point iii
Article 5 – paragraph 4 – point a – point iii
(iii) self-regulation measures, as provided for in Article 18;other relevant Union legislation with regards to circular economy, climate, energy savings and zero pollution, especially those concurring to the objective of decoupling resource use from growth,
Amendment 574 #
Proposal for a regulation
Article 5 – paragraph 4 – point a – point v
Article 5 – paragraph 4 – point a – point v
Amendment 585 #
Proposal for a regulation
Article 5 – paragraph 4 – point b
Article 5 – paragraph 4 – point b
(b) carry out an impact assessment to establish the minimum level of performance a product or product group expected to be met in 2050 to be aligned with the Union’s environmental objectives 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 impact assessment shall where appropriate also be used to set GPP criteria and Ecolabel criteria, as well as other economic incentives criteria, notably a potential modulation of EPR fees, in order to enhance consistency between the different product policy instruments and to prevent the multiplication of methodologies to be mobilised to comply with those various instruments. 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;
Amendment 625 #
Proposal for a regulation
Article 5 – paragraph 8 a (new)
Article 5 – paragraph 8 a (new)
8a. Any design practice deliberately intended to make a product, component or intermediate product including assembly methods or software design, prematurely obsolete or unrepairable, whether placed on the market or put into service, is prohibited.
Amendment 626 #
Proposal for a regulation
Article 5 – paragraph 8 b (new)
Article 5 – paragraph 8 b (new)
8b. Member States shall ensure that when implementing Article 8 and 8a of the Directive 2008/98/EC referring to extended producer responsibility, the scheme is in accordance with this Regulation.
Amendment 633 #
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
Amendment 642 #
Proposal for a regulation
Article 6 – paragraph 4 a (new)
Article 6 – paragraph 4 a (new)
4a. When establishing performance requirements in delegated acts adopted pursuant to art 4 and referred to in the first subparagraph, the Commission, supported by the Ecodesign forum referred to in art 17 shall set performance requirements taking into account: (a) the EU CO2 emissions reduction objectives and scientifically established remaining carbon budget of the EU to respect the Paris agreement, including embodied emissions in materials; (b) the societal costs along the life cycle of the products, notably in relation to the use of resources, energy and other consumables and the related human health and environmental impacts (c) the overshoot of planet boundaries on the basis of the JRC Consumption Footprint methodology (d) the other Union climate, environmental and energy efficiency priorities and related Union objectives, notably as documented in the 8th EAP The level of performance should be set through several tiers, with the first tier corresponding to the minimum performance to align with the above a to d criteria without prejudice to the art 4 point 5 criteria. The performances to meet along the multiple tiers shall be set according to a top performer approach, where the level of performances defined for each tier shall be progressively increased to the level of the best performing products and best available technologies identified at the time of defining the delegated act adopted pursuant to article 4.
Amendment 649 #
Proposal for a regulation
Article 7 – paragraph 2 – point b – paragraph 1 – point ii
Article 7 – paragraph 2 – point b – paragraph 1 – point ii
(ii) information for consumers and other end-useproviders of repair services and preparing-for-reuse and re- use operators on how to install, use, maintain and repair the product in order to minimise its impact on the environment and to ensure optimum durability, as well as on how to return or dispose of the product at end-of-life;
Amendment 651 #
Proposal for a regulation
Article 7 – paragraph 2 – point b – paragraph 1 – point ii a (new)
Article 7 – paragraph 2 – point b – paragraph 1 – point ii a (new)
(iia) information for end-users, providers of repair services, preparing-for reuse and re-use operators on where and how to find spare parts and for how long, information on software functionality updates, and the possibility or impossibility to remove and replace a battery;
Amendment 653 #
Proposal for a regulation
Article 7 – paragraph 2 – point b – paragraph 1 – point ii b (new)
Article 7 – paragraph 2 – point b – paragraph 1 – point ii b (new)
(iib) information for end-users on where to find or how to access the repair services provided by the manufacturer or the dealer, time deadline to receive the repaired product back under the guarantee period in accordance with [the relevant consumer legislation] and if a temporary replacement is provided or not;
Amendment 659 #
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 672 #
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 679 #
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 723 #
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 730 #
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, if officially recognised Type 1 ecolabels (ISO 14024) for the product group do not already exist;
Amendment 753 #
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, repairers (including independent operators), remanufacturers, recyclers, competent national authorities, public interest organiscivil society organisations, trade unions and workers and other rightsholders or their representationves and the Commission, or any organisation acting on their behalf;
Amendment 764 #
Proposal for a regulation
Article 8 – paragraph 2 – point g
Article 8 – paragraph 2 – point g
(g) the actors that mayshall introduce or update the information in the product passport, whenever relevant, including where needed the creation of a new product passport, that shall be linked to the product passport or passports of the original product and what information they may introduce or update, including manufacturers, repairers, maintenance professionals, remanufactur (including independent operators), competent national authorities, civil society organisations, trade unions and workers and other rightsholders or their representatives and the Commission, or any organisation acting on their behalf, avoiding duplication of information and reporting; 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, recyctailers, competent national authorities, aimporters, environmental protection groups and consumer organisations. These parties shall contribute in particular to preparing ecodesign requirements, examining the effectiveness of the established market surveillance mechanisms and assessing self-regulation measures. To that end, the Commission, or any organisation acting on their behalf; shall establish an expert group, in which those parties shall meet, referred to as the ‘Ecodesign Forum’. The Ecodesign Forum shall be informed on a semester basis of the calendar deadlines related to the process of defining EU delegated acts and implementing acts, with detailed explanations in case of delays beyond two calendar months. In case of delays exceeding 8 calendar months, members of the Ecodesign Forum should be entitled to propose a draft implementing measure proposal to be submitted to the national experts of the Ecodesign Forum for their scrutiny.
Amendment 783 #
Proposal for a regulation
Article 8 – paragraph 3 – point a
Article 8 – paragraph 3 – point a
(a) ensure that actors along the value chain, in particular consumers, economic operators, civil society organisations, trade unions and workers and other rightsholders or their representatives and competent national authorities, can access product information relevant to them;
Amendment 844 #
Proposal for a regulation
Article 10 – paragraph 1 – point b
Article 10 – paragraph 1 – point b
(b) consumers, economic operators, civil society organisations, trade unions and workers and other rightsholders or their representatives and other relevant actors shall have free access to the product passport based on their respective access rights set out in the applicable delegated act adopted pursuant to Article 4;
Amendment 879 #
Proposal for a regulation
Article 16 – paragraph 1 – point a – point i
Article 16 – paragraph 1 – point a – point i
(i) the absence or insufficiency of Union law or failure of market forces or self-regulation measures adopted in accordance with Article 18 to address the objective properly; and
Amendment 881 #
Proposal for a regulation
Article 16 – paragraph 1 – point c
Article 16 – paragraph 1 – point c
(c) the distribution of the environmental impacts, energy use, resource use and type, and waste generation across the value chain, in particular whether they take place within the Union or beyond;
Amendment 894 #
Proposal for a regulation
Article 16 – paragraph 2 a (new)
Article 16 – paragraph 2 a (new)
2a. Within a month following the entry into force of the present Regulation, the European Commission adopts its first working plan, which shall include at least the following priority product groups: (a) Iron and steel products, (b) plastics, (c) cement, (d) textiles.
Amendment 897 #
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 protection groups and consumer organisations. 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 915 #
Proposal for a regulation
Article 18
Article 18
Amendment 950 #
Proposal for a regulation
Chapter VI – title
Chapter VI – title
VI Destruction of unsold consumer products
Amendment 953 #
Proposal for a regulation
Article 20 – title
Article 20 – title
Destruction of unsold consumer products
Amendment 958 #
Proposal for a regulation
Article 20 – paragraph 1 – subparagraph 1 – introductory part
Article 20 – paragraph 1 – subparagraph 1 – introductory part
An economic operator that discards unsold consumer products directly, or on behalf of another economic operator, shall disclose:
Amendment 968 #
Proposal for a regulation
Article 20 – paragraph 1 – subparagraph 1 – point a
Article 20 – paragraph 1 – subparagraph 1 – point a
(a) the number of unsold consumer products discarded per year, differentiated per type or category of products;
Amendment 984 #
Proposal for a regulation
Article 20 – paragraph 1 – subparagraph 2
Article 20 – paragraph 1 – subparagraph 2
The economic operator shall disclose that information on a freely accessible website or otherwise make it publicly available, until a delegated act adopted pursuant to paragraph 3 starts applying to the category of unsold consumer products discarded by the operator in question.
Amendment 991 #
Proposal for a regulation
Article 20 – paragraph 3 – subparagraph 1
Article 20 – paragraph 3 – subparagraph 1
Amendment 994 #
Proposal for a regulation
Article 20 – paragraph 3 – subparagraph 2 – introductory part
Article 20 – paragraph 3 – subparagraph 2 – introductory part
Amendment 1000 #
Proposal for a regulation
Article 20 – paragraph 3 – subparagraph 2 – point b
Article 20 – paragraph 3 – subparagraph 2 – point b
(b) damage to products as a result of their handling or detected after a product has been returned by a consumn end-user;
Amendment 1021 #
Proposal for a regulation
Article 26 – paragraph 4 – point b a (new)
Article 26 – paragraph 4 – point b a (new)
(ba) These restrictions do not comprise the EU Ecolabel and other officially recognised Type 1 ecolabels (ISO 14024).
Amendment 1031 #
Proposal for a regulation
Article 29 – paragraph 1 – point e a (new)
Article 29 – paragraph 1 – point e a (new)
(ea) If no manufacturer or importer is established in the Union, online marketplaces shall by default assume the same responsibilities as an importer.
Amendment 1058 #
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 (ISO 14024), unless otherwise specified in that delegated act.
Amendment 1063 #
Proposal for a regulation
Article 58 – title
Article 58 – title
Green and socially responsible public procurement
Amendment 1065 #
Proposal for a regulation
Article 58 – paragraph 1
Article 58 – paragraph 1
1. Requirements pursuant to Article 4, third subparagraph, point (h) for public contracts awarded by contracting authorities, as defined in Article 2(1) of Directive 2014/24/EU or Article 3(1) of Directive 2014/25/EU, or contracting entities, as defined in Article 4(1) of Directive 2014/25/EU, mayshall take the form of mandatory technical specifications, selection criteria, award criteria, contract performance clauses, or targets, as appropriate.
Amendment 1069 #
Proposal for a regulation
Article 58 – paragraph 2 – point b
Article 58 – paragraph 2 – point b
(b) the need to ensure sufficient demand for more environmentally and socially sustainable products;
Amendment 1071 #
Proposal for a regulation
Article 58 – paragraph 2 – point c
Article 58 – paragraph 2 – point c
(c) the economic feasibility for contracting authorities or contracting entities to buy more environmentally and socially sustainable products, without entailing disproportionate costs.
Amendment 1072 #
Proposal for a regulation
Article 58 – paragraph 2 a (new)
Article 58 – paragraph 2 a (new)
2a. Notwithstanding paragraph 1 in this article the Member States can always use other officially recognised Type 1 ecolabels (ISO 14024) as a selection criterion in line with Directive 2014/24/EU article 43.
Amendment 1081 #
Proposal for a regulation
Article 69 – title
Article 69 – title
Amendment 1082 #
Proposal for a regulation
Article 69 – paragraph 1
Article 69 – paragraph 1
Amendment 1090 #
Proposal for a regulation
Article 69 a (new)
Article 69 a (new)
Article 69 a Remedies for lack of compliance 1. Products that do not comply with Ecodesign requirements shall be considered to be in nonconformity with the sales contract, pursuant to Article 5 of Directive (EU) 2019/771, and shall give consumers the right to a remedy under the conditions set out in Article 13 of this Directive, independently of the expiry of the time limits as defined by Article 10 of this Directive. 2. Marketing or offering on sale of a product which is non-compliant with Ecodesign requirements shall be considered an unfair commercial practice in accordance with Article 5 of Directive 2005/29/EC and therefore give consumers the right to a remedy under Article 11a of this Directive.
Amendment 1119 #
Proposal for a regulation
Annex I – paragraph 1 – point q a (new)
Annex I – paragraph 1 – point q a (new)
(qa) factory name and location for every manufacturing stage;
Amendment 1120 #
Proposal for a regulation
Annex I – paragraph 1 – point q b (new)
Annex I – paragraph 1 – point q b (new)
(qb) social impact of the product, including information on wages and working conditions, the existence of collective bargaining agreements in factories, and information on audits, complaints and reports;
Amendment 1121 #
Proposal for a regulation
Annex I – paragraph 1 – point q c (new)
Annex I – paragraph 1 – point q c (new)
(qc) the due diligence process of the company, including in regard to its purchasing practises, potentially as reported through the Corporate Sustainability Reporting Directive.