102 Amendments of Anna ZALEWSKA related to 2022/0095(COD)
Amendment 167 #
Proposal for a regulation
Recital 23
Recital 23
(23) To improve environmental sustainability of products, information requirements should relate to a selected product parameter relevant to the product aspect, such as the product’s environmental footprint or its durability. They may require manufacturer to make available information on the product’s performance in relation to a selected product parameter or other information that may influence the way the product is handled by parties other than the manufacturer in order to improve performance in relation to such a parameter. Such information requirements should be set either in addition to, or in place of, performance requirements on the same product parameter as appropriate. Where a delegated actimplementing acts with review procedures includes information requirements, it should indicate the method for making the required information available, such as its inclusion on a free- access website, product passport or product label. Information requirements are necessary to lead to the behavioural change needed to ensure that the environmental sustainability objectives of this Regulation are achieved. By providing a solid basis for purchasers and public authorities to compare products on the basis of their environmental sustainability, information requirements are expected to drive consumers and public authorities towards more sustainable choices.
Amendment 174 #
Proposal for a regulation
Recital 24
Recital 24
(24) Where delegated actimplementing acts with review procedures include information requirements, they may in addition determine classes of performance in relation to one or more relevant product parameters, in order to facilitate comparison between products on the basis of that parameter. Classes of performance should enable differentiation of products based on their relative sustainability and could be used by both consumers and public authorities. As such, they are intended to drive the market towards more sustainable products.
Amendment 188 #
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, iIt 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 296 #
Proposal for a regulation
Article 2 – paragraph 1 – point 1
Article 2 – paragraph 1 – point 1
(1) ‘product’ means any physical goodtangible movable item that is placed on the market or put into service;
Amendment 310 #
Proposal for a regulation
Article 2 – paragraph 1 – point 16
Article 2 – paragraph 1 – point 16
(16) ‘remanufacturing’ means an industrial process in which a product is produced from objects that are waste, or modified from objects, products or components and in which at least one change is made to the product that affects the safety, performance, purpose or type of the product typically placed on the market with a commercial guarantee, requiring a conformity assessment of the resulting product to ensure its compliance with applicable technical standards and regulatory requirements;
Amendment 320 #
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 applicableand to maintain the compliance with or to meet applicable at the time of placing on the market, technical standards or regulatory requirements, with the result of making a fully functional product;
Amendment 324 #
Proposal for a regulation
Article 2 – paragraph 1 – point 20
Article 2 – paragraph 1 – point 20
(20) ‘repair’ means returning a defective product or waste to a condition where it fulfils its intended use, meeting the applicable technical standards and regulatory requirements applicable at the time of placing on the market;
Amendment 336 #
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 and verifiable standards which are lifecycle based;
Amendment 348 #
Proposal for a regulation
Article 2 – paragraph 1 – point 26
Article 2 – paragraph 1 – point 26
(26) ‘public contractsprocurement’ means public contractsprocurement as defined in Article 2(51(2) of Directive 2014/24/EU and Article 1(2) of Directive 2014/245/EU;
Amendment 357 #
Proposal for a regulation
Article 2 – paragraph 1 – point 28 – point b
Article 2 – paragraph 1 – point 28 – point b
Amendment 382 #
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 andimpedes the recycling of materials in the product in which it is present, based on available recycling technologies;
Amendment 399 #
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, refurbishment, recycling or remanufacturing operations;
Amendment 402 #
Proposal for a regulation
Article 2 – paragraph 1 – point 37
Article 2 – paragraph 1 – point 37
(37) ‘unsold consumer product’ means any consumer product that has not been sold, or any unused consumer products that has been returned by a consumer in view of their right of withdrawal in accordance with Article 9 ofand for which the sales contract has been terminated as defined in Directive (EU) 2011/83/EU9/771;
Amendment 410 #
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 chargeis as defined in Article 3 point (1) of Regulation (EU) 2019/1020;
Amendment 413 #
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 marketis as defined in Article 3 point (2) of Regulation (EU) 2019/1020;
Amendment 416 #
Proposal for a regulation
Article 2 – paragraph 1 – point 42
Article 2 – paragraph 1 – point 42
(42) ‘manufacturer’ means any natural or legal person who manufactures a product or who has such a product designed or manufactured, and markets that product under its name or trademark or, in the absence of such person or an importer, any natural or legal person who places on the market or puts into service a product;is as defined in Article 3 point (8) of Regulation (EU) 2019/1020;
Amendment 417 #
Proposal for a regulation
Article 2 – paragraph 1 – point 43
Article 2 – paragraph 1 – point 43
(43) ‘authorised representative’ means any natural or legal person established in the Union who has received a written mandate from the manufacturer to act on its behalf in relation to specified tasks with regard to the manufacturer’s obligations under this Regulationis as defined in Article 3 point (12) of Regulation (EU) 2019/1020;
Amendment 418 #
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 marketis as defined in Article 3 point (9) of Regulation (EU) 2019/1020;
Amendment 420 #
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, who makes a product available on the marketis as defined in Article 3 point (10) of Regulation (EU) 2019/1020;
Amendment 424 #
Proposal for a regulation
Article 2 – paragraph 1 – point 46
Article 2 – paragraph 1 – point 46
(46) ‘economic operator’ means the manufacturer, the authorised representative, the importer, the distributor, the dealer and the fulfilment service provideris as defined in Article 3 point (13) of Regulation (EU) 2019/1020;
Amendment 428 #
Proposal for a regulation
Article 2 – paragraph 1 – point 49
Article 2 – paragraph 1 – point 49
(49) ‘CE marking’ means a marking by which the manufacturer indicates that the relevant product is in conformity with the applicable requirements set out in Union harmonisation legislation providing for its affixingis as defined in Article 2 (20) of Regulation (EC) No 765/2008;
Amendment 429 #
Proposal for a regulation
Article 2 – paragraph 1 – point 52
Article 2 – paragraph 1 – point 52
(52) ‘conformity assessment’ means the process demonstrating whether the requirements set out in the relevant delegated actimplementing acts with review procedures adopted pursuant to Article 4 have been fulfilled;
Amendment 430 #
Proposal for a regulation
Article 2 – paragraph 1 – point 55
Article 2 – paragraph 1 – point 55
(55) ‘online marketplace’ means a provider of an intermediary service using software, including a website, part of a website or an application, that allows customers to conclude distance contracts with economic operators for the sale of products covered by delegated actimplementing acts with review procedures adopted pursuant to Article 4;
Amendment 442 #
Proposal for a regulation
Article 2 – paragraph 1 – point 59 b (new)
Article 2 – paragraph 1 – point 59 b (new)
(59b) ‘Life cycle cost (LCC)’ is an approach that assesses the total cost of an asset over its operational life cycle including initial capital costs, maintenance costs and operating costs.
Amendment 446 #
Proposal for a regulation
Article 2 – paragraph 1 – point 59 c (new)
Article 2 – paragraph 1 – point 59 c (new)
(59c) ‘Least life cycle cost (LLCC)’ is the designated target level for Ecodesign measures. Assessment of the LLCC point involves not only an evaluation of the technical features but also an evaluation of the economics, especially concerning the impact of improved product on the running cost and affordability for end- users.
Amendment 448 #
Proposal for a regulation
Article 2 – paragraph 1 – point 59 e (new)
Article 2 – paragraph 1 – point 59 e (new)
(59e) ‘professional repairer’ means an operator or undertaking which provides services of repair and professional maintenance.
Amendment 451 #
Proposal for a regulation
Article 2 – paragraph 3
Article 2 – paragraph 3
The definitions of ‘market surveillance’, ‘market surveillance authority’, ‘fulfilment service provideking available on the market’, ‘placing on the market’ ‘market surveillance’, ‘market surveillance authority’, ‘manufacturer’, ‘importer’, ‘distributor’ ‘fulfilment service provider’, ‘authorised representative’, ‘economic operator’, ‘online interface’, ‘corrective action’, ‘end-user’, ‘recall’, ‘withdrawal’, ‘customs authorities’ and ‘release for free circulation’ in Article 3, points (3), (4), (11),1), (2), (3), (4), (8), (9), (10), (11), (12), (13) (15), (16), (21), (22), (23), (24) and (25), of Regulation (EU) 2019/1020 shall also apply.
Amendment 454 #
Proposal for a regulation
Article 2 – paragraph 4 a (new)
Article 2 – paragraph 4 a (new)
4a. the definitions of ‘supplier of a substance or a mixture’, ‘supplier of an article’, ‘recipient of a substance or a mixture’, ‘recipient of an article’ in Article 3, points (32), (33), (34) and (35) , of Regulation 1907/2006 of the European Parliament and of the Council shall apply.
Amendment 455 #
Proposal for a regulation
Article 2 – paragraph 4 b (new)
Article 2 – paragraph 4 b (new)
4b. the definitions of ‘substance’, ‘mixture’, ‘article’, ‘supplier of a substance’, ‘supplier of a substance or a mixture’, ‘supplier of an article’, ‘recipient of a substance or a mixture’, ‘recipient of an article’ in Article 3, points (1), (2), (3), (32), (33), (34) and (35) , of Regulation 1907/2006 of the European Parliament and of the Council shall apply.
Amendment 461 #
Proposal for a regulation
Article 3 – paragraph 2 – subparagraph 1
Article 3 – paragraph 2 – subparagraph 1
Member States shall not prohibit, restrict or impede the placing on the market or putting into service of products that comply with the performance requirements set out in delegated acts adopted pursuant to Article 4 for reasons of non-compliance with national performance requirements relating to product parameters referred to in Annex I covered by performance requirements included in such delegated acts.
Amendment 462 #
Proposal for a regulation
Article 3 – paragraph 2 – subparagraph 2
Article 3 – paragraph 2 – subparagraph 2
Member States shall not prohibit, restrict or impede the placing on the market or putting into service of products that comply with the information requirements set out in delegated acts adopted pursuant to Article 4 for reasonon grounds of non-compliance with national information requirements relating to product parameters referred to in Annex I covered by information requirements included such delegated act.
Amendment 465 #
Proposal for a regulation
Article 3 – paragraph 4
Article 3 – paragraph 4
Amendment 481 #
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 485 #
Proposal for a regulation
Article 4 – paragraph 3 – point b
Article 4 – paragraph 3 – point b
Amendment 491 #
Proposal for a regulation
Article 4 – paragraph 3 – point d
Article 4 – paragraph 3 – point d
(d) subject to privacy considerations, 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);
Amendment 496 #
Proposal for a regulation
Article 4 – paragraph 3 – point h
Article 4 – paragraph 3 – point h
(h) establishing requirements applicable to public contractsprocurement, including implementation, monitoring and reporting of those requirements by Member States. Those requirements shall be based on the product parameters referred to in Annex I and established in accordance with Article 58.
Amendment 502 #
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 to improve the following product aspects assessed in combination considering possible interdependencies:
Amendment 550 #
Proposal for a regulation
Article 5 – paragraph 4 – introductory part
Article 5 – paragraph 4 – introductory part
4. When preparing ecodesign requirements, the Commission shall, ensure harmonisation and avoid conflicting or duplicating requirements, and shall:
Amendment 551 #
Proposal for a regulation
Article 5 – paragraph 4 – point -a (new)
Article 5 – paragraph 4 – point -a (new)
(-a) consider the interdependencies between different parameters of a product.
Amendment 552 #
Proposal for a regulation
Article 5 – paragraph 4 – point -a a (new)
Article 5 – paragraph 4 – point -a a (new)
(-aa) run a clear life cycle and circularity analysis to assess the appropriateness of performance requirements.
Amendment 553 #
Proposal for a regulation
Article 5 – paragraph 4 – point -a b (new)
Article 5 – paragraph 4 – point -a b (new)
(-ab) assess the different parameters based on a weighted aggregated evaluation system to set a single minimum environmental requirement.
Amendment 598 #
Proposal for a regulation
Article 5 – paragraph 5 – point c
Article 5 – paragraph 5 – point c
(c) there shall be no significant negative impact on consumers in terms of the affordability to all income groups of relevant products, also taking into account access to second-hand products, durability and the life cycle cost of products;
Amendment 614 #
Proposal for a regulation
Article 5 – paragraph 5 – point f b (new)
Article 5 – paragraph 5 – point f b (new)
(fb) they shall be technically feasible in accordance with state-of-the art technology.
Amendment 617 #
Proposal for a regulation
Article 5 – paragraph 5 a (new)
Article 5 – paragraph 5 a (new)
5a. there shall be an appropriate transition time of at least 24 months between the entering into force of an ecodesign requirement and its application;
Amendment 644 #
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Products shall comply with information requirements related to the product aspects listed in Article 5(1), as laid down in the delegated actimplementing acts with review procedures adopted pursuant to Article 4.
Amendment 648 #
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-users 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-lifehow to return or dispose of the product at end-of- life, as well as on where the producer makes it available, information that the products benefit from a commercial guarantee of durability and its duration in units of time, where that guarantee covers the entire product, has a duration of more than two years and is not offered against additional payment to the product;
Amendment 655 #
Proposal for a regulation
Article 7 – paragraph 2 – point b – paragraph 2
Article 7 – paragraph 2 – point b – paragraph 2
Where a delegated actn implementing act with review procedures contains horizontal ecodesign requirements for two or more product groups as referred to in Article 5(2), second subparagraph, point (a) of this paragraph shall not apply.
Amendment 663 #
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 allrelevant substances of concern, including the threshold, to be defined for a specific product group pursuant to a multi- stakeholder consultation, including at least industry and recyclers, throughout the life cycle of products, unless such tracking is already enabled by another delegated actimplementing act with review procedures adopted pursuant to Article 4 covering the products concerned, and shall include at least the following:
Amendment 695 #
Proposal for a regulation
Article 7 – paragraph 5 – subparagraph 2 – introductory part
Article 7 – paragraph 5 – subparagraph 2 – introductory part
Where the Commission sets out information requirements in a delegated actn implementing act with review procedures adopted pursuant to Article 4, it shall:
Amendment 697 #
Proposal for a regulation
Article 7 – paragraph 5 – subparagraph 2 – point a
Article 7 – paragraph 5 – subparagraph 2 – point a
(a) establish which substances fall under the definition in Article 2(28), point (c),and are relevant for the purposes of the product groups covered, this relevance evaluation should be based on horizontal criteria developed in dialogue with stakeholders;
Amendment 724 #
Proposal for a regulation
Article 7 – paragraph 6 – subparagraph 1
Article 7 – paragraph 6 – subparagraph 1
Information requirements shall indicate the manner in which the required information shall be made availableensuring the traceability of substances pursuant to paragraph 5 shall be accessible through a data carrier included on the product (Digital Product Passport).
Amendment 727 #
Proposal for a regulation
Article 7 – paragraph 6 – subparagraph 2 – introductory part
Article 7 – paragraph 6 – subparagraph 2 – introductory part
The required information shall, as appropriate, be provided in at least one of the following manners:
Amendment 732 #
Proposal for a regulation
Article 7 – paragraph 6 – subparagraph 2 – point f
Article 7 – paragraph 6 – subparagraph 2 – point f
(f) on a free access website or application. Provided that information ensuring the traceability of substances pursuant to paragraph 5 shall be given either on the product or be accessible through a data carrier included on the product. If the information is available in digital format, it should be prioritised over providing information on packaging and on labels.
Amendment 737 #
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 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. Regarding the information that shall be provided to other users, the information shall be provided in one of the official languages of the European Union or in English. An authorised translation of these documents in another official language of the Member States should be provided if they so request, but only in duly justified cases.
Amendment 747 #
Proposal for a regulation
Article 8 – paragraph 2 – introductory part
Article 8 – paragraph 2 – introductory part
2. The requirements related to the product passport laid down in the delegated actimplementing acts with review procedures adopted pursuant to Article 4 shall, as appropriate for the product groups covered, specify the following:
Amendment 749 #
Proposal for a regulation
Article 8 – paragraph 2 – point d
Article 8 – paragraph 2 – point d
(d) whether the product passport is to correspond to the model, batch, shipping order, or item level;
Amendment 756 #
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,and, if data carrier is available in the end of life, dealers, professional repairers, remanufacturers, recyclers, competent national authorities, public interest organisations and the Commission, or any organisation acting on their behalf;
Amendment 770 #
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 794 #
Proposal for a regulation
Article 8 – paragraph 3 – point c a (new)
Article 8 – paragraph 3 – point c a (new)
(ca) to protect confidential business information and comply with requirement (b) of paragraph 3, actors in the value chain that have a justified interest should make a specific request to the manufacturer when the information cannot be shared publicly, and the information needs to be shared in a secure way.
Amendment 806 #
Proposal for a regulation
Article 8 – paragraph 4 a (new)
Article 8 – paragraph 4 a (new)
Amendment 810 #
Proposal for a regulation
Article 8 – paragraph 4 b (new)
Article 8 – paragraph 4 b (new)
4b. Economic operators will be allowed a minimum of 24 calendar months, starting from the moment when all the technical specifications and the information requirements are finalised and/or launched, to upload information and cannot be required to upload any information until all relevant tools are ready. Any changes to the DPP, that require additional actions from the economic operators, including but not limited to a change in the data model, the IT system, the registration or verification process, the information obligations, must be published in an implementing act with a minimum transition period of 24 months. SMEs will benefit from at least 50% longer period.
Amendment 811 #
Proposal for a regulation
Article 8 – paragraph 4 c (new)
Article 8 – paragraph 4 c (new)
4c. Economic operators responsible for compliance with the information requirements referred to in Article 7 of this Regulation shall not be held liable for inaccurate or missing information provided by suppliers of articles, substances or mixtures, provided that they exerted reasonable care to ensure that the information is correct.
Amendment 814 #
Proposal for a regulation
Article 9 – paragraph 1 – subparagraph 1 – point c a (new)
Article 9 – paragraph 1 – subparagraph 1 – point c a (new)
(ca) the type of universal data carrier agreed per product category shall be acceptable by the whole value chain, scalable and financially viable;
Amendment 819 #
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 trade secret information;
Amendment 830 #
Proposal for a regulation
Article 9 – paragraph 1 – subparagraph 2
Article 9 – paragraph 1 – subparagraph 2
The Commission is empowered to adopt delegated actimplementing acts with review procedures in accordance with Article 66 to amend the first subparagraph, point (c), of this Article in light of technical and scientific progress by replacing the standard referred to in that point or adding other European or international standards with which the data carrier and the unique identifiers shall comply for the purposes of meeting the conditions set out in this Article.
Amendment 832 #
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. Where other Union legislation requires or allows the inclusion of specific information in the product passport, that information may be added to the information to be included in the product passport pursuant to the applicable delegated act adopted pursuant to Article 4the development of the passport specific to the special category of products, the product passport regulations included in this article does not apply.
Amendment 836 #
Proposal for a regulation
Article 9 – paragraph 3
Article 9 – paragraph 3
3. The economic operator placing the product on the market shall provide dealers with a digital copy of the data carrier to allow the dealer to make it accessible to customers where they cannot physically access the product. The economic operator shall provide that digital copy free of charge and within 5 working days of the dealer’s request. This does not apply to cases where the digital copy is publicly accessible on the website of the economic operator or manufacturer indicated by this economic operator.
Amendment 838 #
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 actimplementing acts with review procedures adopted pursuant to Article 4 in relation to the technical, semantic and organisational aspects of end-to-end communication and data transfer;
Amendment 848 #
Proposal for a regulation
Article 10 – paragraph 1 – point e
Article 10 – paragraph 1 – point e
(e) the product passport shall remain available for the period specified in delegated actimplementing acts with review procedures adopted pursuant to Article 4, including after an insolvency, a liquidation or a cessation of activity in the Union of the economic operator that created the product passport;
Amendment 849 #
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 actimplementing acts with review procedures adopted pursuant to Article 4;
Amendment 856 #
Proposal for a regulation
Article 11 – paragraph 2 – subparagraph 1
Article 11 – paragraph 2 – subparagraph 1
Where a unique operator identifier referred to in Annex III, point (h), is not yet available, the economic operator creating the product passport shall ask the relevant actor to request a unique operator identifier on behalf of the relevant actor.
Amendment 857 #
Proposal for a regulation
Article 11 – paragraph 3 – subparagraph 1
Article 11 – paragraph 3 – subparagraph 1
Where a unique facility identifier referred to in Annex III, point (i), is not yet available, the economic operator creating the product passport shall ask the relevant actor to request a unique facility identifier on behalf of the actor responsible for the relevant location or building.
Amendment 858 #
Proposal for a regulation
Article 11 – paragraph 4
Article 11 – paragraph 4
4. The Commission is empowered to adopt delegated actimplementing acts with review procedures in accordance with Article 66 to amend paragraph 1 of this Article in light of technical and scientific progress by replacing the standard referred to in that paragraph or adding European or international standards with which unique operator identifiers referred to in Annex III, points (g) and (h), and unique facility identifiers referred to in Annex III, point (i), may comply for the purposes of meeting the conditions set out in this Article.
Amendment 859 #
Proposal for a regulation
Article 12 – paragraph 1 – subparagraph 1
Article 12 – paragraph 1 – subparagraph 1
The Commission shall set up and maintain a registry storing information included in the product passports required by delegated actimplementing acts with review procedures adopted pursuant to Article 4.
Amendment 860 #
Proposal for a regulation
Article 12 – paragraph 1 – subparagraph 1 a (new)
Article 12 – paragraph 1 – subparagraph 1 a (new)
Economic operators shall not be required to provide the requested data into the Digital Product Passport before 6 months after the availability of the relevant sections of the Product passport registry database where the information should be uploaded and the availability of any other IT tool necessary to upload the information.
Amendment 862 #
Proposal for a regulation
Article 12 – paragraph 2 – introductory part
Article 12 – paragraph 2 – introductory part
2. The Commission shall, in the delegated actimplementing acts with review procedures adopted pursuant to Article 4, specify the information which, in addition to being included in the product passport, shall be stored in the registry referred to in paragraph 1, taking into account at least the following criteria:
Amendment 863 #
Proposal for a regulation
Article 12 – paragraph 2 – point b
Article 12 – paragraph 2 – point b
(b) the relevance of information for improving the efficiency and effectiveness of market surveillance checks and customs controls in relation to products covered by delegated actimplementing acts with review procedures adopted pursuant to Article 4;
Amendment 865 #
Proposal for a regulation
Article 13 – paragraph 4 – subparagraph 1 – introductory part
Article 13 – paragraph 4 – subparagraph 1 – introductory part
Where information included in the product passport is also stored in the registry referred to in Article 12(1), the Commission may specify, in the delegated actimplementing acts with review procedures adopted pursuant to Article 4, that customs authorities shall, in addition to the verification referred to in paragraph 3 of this Article, verify the consistency between the information stored in the registry and the customs declaration before allowing the release for free circulation. In such case, the Commission shall take into account at least the following criteria:
Amendment 866 #
Proposal for a regulation
Article 14 – paragraph 1 – introductory part
Article 14 – paragraph 1 – introductory part
1. Where the information requirements referred in Article 7(1) specify that information shall be included in a label pursuant to Article 7(6), point (d), the delegated actimplementing acts with review procedures adopted pursuant to Article 4 shall specify:
Amendment 873 #
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
Where delegated actimplementing acts with review procedures adopted pursuant to Article 4 do not require products to have a label, those products may not be placed on the market or put into service if they supply or display labels which are likely to mislead or confuse customers with respect to the labels provided for in Article 14.
Amendment 890 #
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 in an appropriate timeframe as referred to in Article 17.
Amendment 898 #
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 and standardisation 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. All relevant stakeholders for each product group that will be covered by the Delegated Acts must be invited to join the Forum to ensure the relevant sector specific expertise will be taken into account. Finally, the Commission shall: (a) Provide appropriate time, at least 30 working days, for consultation before and after the Ecodesign Forum takes place. (b) Report to the Ecodesign Forum at an appropriate time, 2 months after the meeting takes place, the conclusions of the discussion. (c) Ensure the Ecodesign Forum shall carry out its tasks in accordance with the principle of transparency. (d) Publish the minutes of the meetings of the Forum and other relevant documents on the Commission website.
Amendment 961 #
Proposal for a regulation
Article 20 – paragraph 1 – subparagraph 1 – introductory part
Article 20 – paragraph 1 – subparagraph 1 – introductory part
As of 12 months after the publication of the implementing act referred to paragraph 2 of this article, an economic operator that discards unsold consumer products directly, or on behalf of another economic operator, shall disclose:
Amendment 971 #
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 discarded without use ;
Amendment 998 #
Proposal for a regulation
Article 20 – paragraph 3 – subparagraph 2 – point a
Article 20 – paragraph 3 – subparagraph 2 – point a
(a) health and, safety, hygiene concerns;
Amendment 1008 #
Proposal for a regulation
Article 25 a (new)
Article 25 a (new)
Article 25 a Obligations of suppliers 1. Any supplier of an article, a substance or a mixture shall provide economic operators responsible for compliance with Article 6 and 7 with sufficiently available information related to their supplies or services that are relevant to ensure products comply with the performance and information requirements pursuant to Article 6 and 7. If the recipient of the article, substance or mixture is not the economic operator responsible for compliance with the information requirements set out in Article 6 and 7, the recipient of the article, substance or mixture shall ensure that the information referred to the first sub- paragraph is communicated to the economic operator responsible for compliance with the information requirements set out in Article 6 and 7. Economic operators responsible for compliance with Article 6 and 7 shall not be held liable for inaccurate information given by a supplier of an article, a substance or a mixture, provided that they exerted demonstratable measures to ensure that information is correct. 2. When duly justified for the protection of confidential business information or intellectual property, supply chain actors may file a non- disclosure request. In such cases, the economic operator responsible for compliance with information requirement set out by Article 7 shall not be liable for missing information related to the non- disclosure request The Commission shall adopt implementing acts to specify the conditions for a non-disclosure request and its format, in accordance with the examination procedure referred to in Article 67(3).
Amendment 1011 #
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 labels or digital copies in accordance with that delegated act. For sustainability reasons, preference should be given to digital labels.
Amendment 1016 #
Proposal for a regulation
Article 26 – paragraph 1 a (new)
Article 26 – paragraph 1 a (new)
1a. Any supplier of an article, a substance or a mixture shall provide economic operators responsible for compliance with Article 6 and 7 with sufficient available information related to their supplies or services that are relevant to ensure products comply with the performance and information requirements pursuant to Article 6 and 7.
Amendment 1017 #
Proposal for a regulation
Article 26 – paragraph 1 b (new)
Article 26 – paragraph 1 b (new)
1b. If the recipient of the article, substance or mixture is not economic operator responsible for compliance with the information requirements set out in Article 6 and 7, the recipient of the article, substance shall ensure that the information referred to the first sub- paragraph is communicated to the economic operator responsible for compliance with the information requirements set out in Article 6 and 7.
Amendment 1027 #
Proposal for a regulation
Article 29 – paragraph 1 – introductory part
Article 29 – paragraph 1 – introductory part
1. The cooperation referred to in Article 7(2) of Regulation (EU) 2019/1020 shall, with regard to online marketplaces and online search engines and for the purposes of this Regulation, include in particular:
Amendment 1028 #
Proposal for a regulation
Article 29 – paragraph 1 – point c
Article 29 – paragraph 1 – point c
Amendment 1029 #
Proposal for a regulation
Article 29 – paragraph 1 – point d
Article 29 – paragraph 1 – point d
Amendment 1030 #
Proposal for a regulation
Article 29 – paragraph 1 – point e
Article 29 – paragraph 1 – point e
(e) upon request of the market surveillance authorities, when online marketplaces or online sellers have put in place technical obstacles to the extraction of data from their online interfaces, allowing those authorities to scrape such data for product compliance purposes based on the identification parameters provided by the requesting market surveillance authorities.
Amendment 1038 #
Proposal for a regulation
Article 30 – paragraph 3 – subparagraph 1 – introductory part
Article 30 – paragraph 3 – subparagraph 1 – introductory part
When requiring manufacturers, upon a reasoned request from a national authority, their authorised representatives or importers to make parts of the technical documentation related to the relevant product digitally available pursuant to Article 4, third subparagraph, point (a), the Commission shall take into account the following criteria:
Amendment 1054 #
Proposal for a regulation
Article 52 – paragraph 3
Article 52 – paragraph 3
3. The Commission is responsible for maintaining the confidentiality of, and shall ensure that all sensitive information obtained in the course of its investigations is treated confidentially.
Amendment 1078 #
Proposal for a regulation
Article 68 – paragraph 1
Article 68 – paragraph 1
Member States shall lay down the rules on penalties applicable to infringements of this Regulation and shall take all measures necessary to ensure that they are implemented. The penalties provided for shall be effective, proportionate and dissuasive, taking into account the extent of non-compliance and the number of units of non-complying products placed on the Union market. Member States shall notify the Commission of those provisions by [one yearat least one year and a half after the date of application of this Regulation] at the latest and shall notify it without delay of any subsequent amendment affecting them.
Amendment 1091 #
Proposal for a regulation
Article 71 – paragraph 1
Article 71 – paragraph 1
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union. It shall apply from [at least one year and a half after the date of publication].
Amendment 1094 #
Proposal for a regulation
Annex I – paragraph 1 – introductory part
Annex I – paragraph 1 – introductory part
The following parameters may, as appropriate, justified by an appropriate life cycle and circularity assessment may, and, where necessary supplemented by others, be used, individually or aggregated, as a basis for improving the product aspects referred to in Article 5(1):
Amendment 1130 #
Proposal for a regulation
Annex III – paragraph 1 – introductory part
Annex III – paragraph 1 – introductory part
The requirements related to the product passport laid down in the delegated actimplementing acts with review procedures adopted pursuant to Article 4 shall specify what information shall or may be included in the product passport from among the following elements:
Amendment 1131 #
Proposal for a regulation
Annex III – paragraph 1 – point i
Annex III – paragraph 1 – point i
Amendment 1133 #
Proposal for a regulation
Annex III – paragraph 2
Annex III – paragraph 2
The delegated actimplementing acts with review procedures adopted pursuant to Article 4 shall identify information relevant to ecodesign requirements that manufacturers may include in the product passport in addition to the information required pursuant to Article 8(2), point (a), including information on specific voluntary labels applicable to the product. That shall include whether an EU Ecolabel has been awarded to the product in line with Regulation (EC) No 66/2010.
Amendment 1134 #
Proposal for a regulation
Annex IV – point 2 – paragraph 2
Annex IV – point 2 – paragraph 2