36 Amendments of Alexander BERNHUBER related to 2022/0095(COD)
Amendment 111 #
Proposal for a regulation
Recital 5
Recital 5
(5) This Regulation will contribute to making 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 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. Under no circumstances shall this result in any financial, fiscal or other disadvantage for products not covered under this regulation, adhering to established sustainability criteria – whether by legislation or by adhering to standards.
Amendment 343 #
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 relevant, comparable and scientifically validated standards;
Amendment 385 #
Proposal for a regulation
Article 2 – paragraph 1 – point 28 – point c
Article 2 – paragraph 1 – point 28 – point c
(c) negatively affecinhibits the re-use and recycling of materials in the product in which it is present;
Amendment 394 #
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 recycling operations; a product is considered destroyed or discarded as soon as the information is made available to the authorities according to Art. 20;
Amendment 406 #
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 unused consumer product 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 422 #
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 market, including remanufacturers and companies who repair and upgrade products;
Amendment 440 #
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 for a natural resource to replenish and recover over time.
Amendment 482 #
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 489 #
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 500 #
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 and existing product- specific regulation as well as widely used or mandatory product-specific standards relating to one or more of these aspects, establish ecodesign requirements to improve the following product aspects:
Amendment 509 #
Proposal for a regulation
Article 5 – paragraph 1 – point g
Article 5 – paragraph 1 – point g
(g) presence of substances of concern which are not already regulated by another EU legislation related to chemical safety;
Amendment 527 #
Proposal for a regulation
Article 5 – paragraph 1 – point k
Article 5 – paragraph 1 – point k
(k) possibility of remanufacturing and recycling;
Amendment 528 #
Proposal for a regulation
Article 5 – paragraph 1 – point k a (new)
Article 5 – paragraph 1 – point k a (new)
(ka) recyclability and ease of recycling;
Amendment 538 #
Proposal for a regulation
Article 5 – paragraph 1 – point n a (new)
Article 5 – paragraph 1 – point n a (new)
(na) expected generation of waste materials.
Amendment 572 #
Proposal for a regulation
Article 5 – paragraph 4 – point a – point ii a (new)
Article 5 – paragraph 4 – point a – point ii a (new)
(iia) analyse whether additional sustainability-related aspects should be regulated under the relevant Union legislation referred to in (ii) or under the present ESPR in order to avoid a legislative patchwork;
Amendment 575 #
Proposal for a regulation
Article 5 – paragraph 4 – point a – point v
Article 5 – paragraph 4 – point a – point v
(v) relevant European and international widely used or mandatory product-specific standards;
Amendment 576 #
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 impact of the environmental performance of intermediates and components on final products' performance, in particular for intermediates and components used in a wide range of final products;
Amendment 603 #
Proposal for a regulation
Article 5 – paragraph 5 – point d
Article 5 – paragraph 5 – point d
(d) there shall be no disproportionate negative impact on the competitiveness of economic actors, at least ofin particular for SMEs;
Amendment 620 #
Proposal for a regulation
Article 5 – paragraph 6 – point a
Article 5 – paragraph 6 – point a
(a) provide, upon request, manufacturers, notified bodies and competent national authorities with available information available to the supply chain actor according to the Digital Product Passport of the product category in question, according to Art. 8, related to their supplies or services that is relevant in order to verify compliance with ecodesign requirements;
Amendment 677 #
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 throughout the life cycle ofincluded in 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 692 #
Proposal for a regulation
Article 7 – paragraph 5 – subparagraph 1 – point d
Article 7 – paragraph 5 – subparagraph 1 – point d
(d) relevant instructions for the safe use of the product according to applicable legislation;
Amendment 702 #
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 705 #
Proposal for a regulation
Article 7 – paragraph 5 – subparagraph 2 – point b
Article 7 – paragraph 5 – subparagraph 2 – point b
(b) lay down deadlines for the entry into application of the information requirements in a step-by-step process, referred to in the first subparagraph, with possible differentiation between substances; and
Amendment 708 #
Proposal for a regulation
Article 7 – paragraph 5 – subparagraph 2 – point c
Article 7 – paragraph 5 – subparagraph 2 – point c
Amendment 714 #
Proposal for a regulation
Article 7 – paragraph 5 – subparagraph 3
Article 7 – paragraph 5 – subparagraph 3
Amendment 720 #
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.
Amendment 752 #
Proposal for a regulation
Article 8 – paragraph 2 – point e
Article 8 – paragraph 2 – point e
(e) the manner in which non- confidential information contained in the product passport shall be made accessible to customers before they are bound by a sales contract, including in case of distance selling;
Amendment 777 #
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 779 #
Proposal for a regulation
Article 8 – paragraph 2 – point h b (new)
Article 8 – paragraph 2 – point h b (new)
(hb) until when the specifications of the product passport remain in force.
Amendment 781 #
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 and competent national authorities, can access product information relevant to themsustainability and circular economy;;
Amendment 788 #
Proposal for a regulation
Article 8 – paragraph 3 – point a a (new)
Article 8 – paragraph 3 – point a a (new)
(aa) be justified to significantly improve the environmental sustainability of products and to ensure free movement in the internal market;
Amendment 791 #
Proposal for a regulation
Article 8 – paragraph 3 – point c
Article 8 – paragraph 3 – point c
(c) improve traceability of products along the value chain without compromising data security of consumers and economical actors..
Amendment 792 #
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 chains should make a specific request to the manufacturer in case the manufacturer deems it to be non-public information that needs to be shared in a secured way.
Amendment 820 #
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 822 #
Proposal for a regulation
Article 9 – paragraph 1 – subparagraph 1 – point f
Article 9 – paragraph 1 – subparagraph 1 – point f
(f) the access to information included in the product passport shall be regulated in accordance with the essential requirements set out in Article 10 and the specific access rights at product group level shall be identified in the applicable delegated act adopted pursuant to Article 4 with specific consideration of information that constitutes trade secrets;.
Amendment 824 #
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) it shall rely on existing databases including existing industry solutions, where relevant and after having positively assessed the robustness, appropriateness and usefulness of the data with regards to the goals stipulated in this Regulation.