62 Amendments of César LUENA related to 2022/0095(COD)
Amendment 135 #
Proposal for a regulation
Recital 14
Recital 14
(14) In order to allow the Commission to set requirements as appropriate to the product groups covered, ecodesign requirements should include performance and information requirements. Those requirements should be used to improve product aspects relevant for environmental sustainability, such as energy efficiency, durability, reparability and carbon and harmonised environmental footprints based on common databases. Ecodesign requirements should be transparent, objective, proportionate, based on scientific knowledge and in compliance with international trade rules.
Amendment 146 #
Proposal for a regulation
Recital 18
Recital 18
(18) Delegated acts including ecodesign requirements should, as was the case under Directive 2009/125/EC, undergo a dedicated impact assessment and stakeholder consultation, and should be drawn up in line with the Commission’s Better Regulation guidelines, and include an assessment of the international dimension and impacts on third countries. When doing so, the Commission should take due consideration of all aspects of the life cycle of the product and base its impact assessment on best available evidence. When preparing ecodesign requirements the Commission should use a scientific approach and also take into consideration relevant technical information in particular coming from Regulation (EC) No 66/2010 of the European Parliament and of the Council52 , Directive 2010/75/EU of the European Parliament and of the Council53 , technical screening criteria adopted pursuant to Regulation (EU) 2020/852 of the European Parliament and of the Council54 and green public procurement criteria55 and experience obtained from Product Footprint Category Rules. __________________ 52 Regulation (EC) No 66/2010 of the European Parliament and of the Council of 25 November 2009 on the EU Ecolabel (OJ L 27, 30.1.2010, p. 1). 53 Directive 2010/75/EU of the European Parliament and of the Council of 24 November 2010 on industrial emissions (integrated pollution prevention and control) (OJ L 334, 17.12.2010, p. 17). 54 Regulation (EU) 2020/852 of the European Parliament and of the Council of 18 June 2020 on the establishment of a framework to facilitate sustainable investment, and amending Regulation (EU) 2019/2088 (OJ L 198, 22.6.2020, p. 13). 55 Communication “Public procurement for a better environment” (COM (2008) 400)
Amendment 170 #
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 orand its durability based on a common methodology and databases. 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 act 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 176 #
Proposal for a regulation
Recital 24
Recital 24
(24) Where delegated acts include information requirements, they may in addition determine classes of performance in relation to one or more relevant product parameters or operating cycles under optimal conditions of use, 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 195 #
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 easily 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.
Amendment 202 #
Proposal for a regulation
Recital 32
Recital 32
(32) To ensure that the product passport is flexible, agile and market-driven and evolving in line with business models, markets and innovation, it should be based on a decentralised data system, set up and maintained by economic operators and the European Commission. However, for enforcement and monitoring purposes, it may be necessary that competent national authorities and the Commission have direct access to a record of all data carriers and unique identifiers linked to products placed on the market or put in service.
Amendment 216 #
Proposal for a regulation
Recital 44
Recital 44
(44) In order to encourage self- regulation as a valid alternative to regulatory approaches, this Regulation should, in continuation of Directive 2009/125/EC, include the possibility for industry to submit self-regulation measures. The Commission should assess the self-regulation measures proposed by industry, along with the information and evidence submitted by the signatories, including in light of the international trade commitments of the Union and the need to ensure coherence with Union law. In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission to adopt and update an act listing the self-regulation measures considered as valid alternatives to a delegated act setting ecodesign requirements. It is also appropriate, for instance in view of relevant market or technological developments within the product group concerned, that the Commission be able to request a revised version of the self-regulation measure whenever considered necessary. Once a self-regulation measure is listed in an implementing act, there is a legitimate expectation for economic operators that the Commission will not adopt a delegated act establishing ecodesign requirements for this specific product group. However, it is not excluded that the Commission may adopt horizontal ecodesign requirements based on harmonised methodologies also applying to the products covered by a recognised self-regulation measure for the product aspects not addressed by that self- regulation measure. Where the Commission considers that a self- regulation measure no longer fulfils the criteria set in this Regulation, it should remove that self-regulation from the implementing act listing the recognised self-regulation measures. Consequently, ecodesign requirements may then be established for the product groups previously addressed by the self-regulation measure, in accordance with this Regulation.
Amendment 224 #
Proposal for a regulation
Recital 46
Recital 46
(46) The destruction of unsold consumer products, such as textiles and footwear, toys, and electrical and electronic devices among others by economic operators is becoming a widespread environmental problem across the Union, in particular due to the rapid growth of online sales. It amounts to a loss of valuable economic resources as goods are produced, transported and afterwards destroyed without ever being used for their intended purpose. It is therefore necessary, in the interest of environmental protection, that this Regulation establishes a framework to prevent the destruction of unsold products primarily intended for consumers pursuant to Directive (EU) 2019/771 of the European Parliament and of the Council69 , including products that have been returned by a consumer in view of their right of withdrawal as laid down by Directive (EU) 2011/83/EU of the European Parliament and of the Council70 . This will reduce the environmental impact of those products by reducing the generation of waste and by dis- incentivising overproduction of products. The allocation of surplus production will be guided by the waste hierarchy starting with reuse, including donation. In addition, given that several Member States have introduced national legislation on the destruction of unsold consumer products thereby creating market distortions, harmonised rules on the destruction of unsold consumer products are necessary to ensure that distributors, retailers and other economic operators are subject to the same rules and incentives across Member States. __________________ 69 Directive (EU) 2019/771 of the European Parliament and of the Council f 20 May 2019 on certain aspects concerning contracts for the sale of goods, amending Regulation (EU) 2017/2394 and Directive 2009/22/EC, and repealing Directive 1999/44/EC (OJ L 136, 22.5.2019, p. 6). 70 Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council and repealing Council Directive 85/577/EEC and Directive 97/7/EC of the European Parliament and of the Council (OJ L 304, 22.11.2011, p. 64).
Amendment 226 #
Proposal for a regulation
Recital 47
Recital 47
(47) To dis-incentivise the destruction of unsold consumer products and to further generate data on the occurrence of this practice, this Regulation should introduce a transparency obligation for economic operators holding consumer products in the Union, requiring them to disclose information on the number of unsold consumer products discarded per year in a common template. The economic operator should indicate the product type or category, the reasons for their discarding and their delivery for subsequent waste treatment operations. While economic operators should be free to determine how to disclose that information in a manner appropriate to their business environment, it should be considered a best practice to include the required information in a publicly available non-financial statement drafted in accordance with Article 19a of Directive 2013/34/EU of the European Parliament and of the Council71 where applicable. __________________ 71 Directive 2013/34/EU of the European Parliament and of the Council of 26 June 2013 on the annual financial statements, consolidated financial statements and related reports of certain types of undertakings, amending Directive 2006/43/EC of the European Parliament and of the Council and repealing Council Directives 78/660/EEC and 83/349/EEC (OJ L 182, 29.6.2013, p. 19).
Amendment 256 #
Proposal for a regulation
Recital 99
Recital 99
(99) When adopting delegated acts pursuant to Article 290 TFEU, it is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making81 . In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States’ experts and at least two weeks in advance, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts. __________________ 81 OJ L123, 12.5. 2016, p. 1.
Amendment 257 #
Proposal for a regulation
Recital 100
Recital 100
(100) In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission as regards: (a) specifying implementation arrangements for the interconnection of the registry referred to in Article 12 and the EU Customs Single Window Certificates Exchange; (b) establishing common requirements for the layout of labels; (c) containing a list of self-regulation measures established as valid alternatives to a delegated act adopted pursuant to Article 4; (d) setting out format for the disclosure of the information on unsold consumer products that have been discarded; (e) laying down, amending or repealing common specifications for ecodesign requirements, the essential requirements for product passports or for test, measurement or calculation methods; (f) laying down a minimum number of full- time equivalents jobs considered sufficient for the proper monitoring of notified bodies; (g) requiring a Member State to take corrective action, including withdrawal of the notification, for non- compliant notified bodies; (h) listing the products or requirements that Member States must at least consider as priorities for market surveillance; and (i) deciding, pursuant to the Union safeguard procedure, whether a national measure is justified or not. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council82 __________________ 82 Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).
Amendment 282 #
Proposal for a regulation
Article 1 – paragraph 1 – subparagraph 1 – point i
Article 1 – paragraph 1 – subparagraph 1 – point i
(i) products’ expected generation of waste materials and recyclability.
Amendment 306 #
Proposal for a regulation
Article 2 – paragraph 1 – point 13
Article 2 – paragraph 1 – point 13
(13) ‘end-of-life’ means the life cycle stage that begins when a product is discarded as a waste and ends when the productmaterial is returned to nature as a waste product or enters another product’s life cycle;
Amendment 308 #
Proposal for a regulation
Article 2 – paragraph 1 – point 15
Article 2 – paragraph 1 – point 15
(15) ‘class of performance’ means a range of performance levels in relation to one or more product parameters referred to in Annex I assessed by the same methodology, ordered into successive steps to allow for product differentiation;
Amendment 309 #
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, products or components and in which at least one change is made to the product that affects the safety, performance, purpo and/or functionality within the intended use 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 314 #
Proposal for a regulation
Article 2 – paragraph 1 – point 17
Article 2 – paragraph 1 – point 17
(17) ‘upgrading’ means enhancing the functionality, performance, capacity, safety or aesthetics of a product;
Amendment 318 #
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 performancechange its purpose and, possibly but not necessarily, its safety, performance or type of the product typically placed on the market with a commercial guarantee; and to maintenance originally conceived at the design stage,ain the compliance with or to meet applicable technical standards orand regulatory requirements applicable at the time of placing on the market, with the result of making a fully functional product;
Amendment 325 #
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 at least the applicable technical standards and regulatory requirements applicable at the time of placing on the market;
Amendment 345 #
Proposal for a regulation
Article 2 – paragraph 1 – point 24
Article 2 – paragraph 1 – point 24
(24) ‘Product Environmental Footprint method’ means the life cycle assessment harmonised method to quantify the environmental impacts of products established by Recommendation (EU) 2021/2279 and based on common data bases;
Amendment 349 #
Proposal for a regulation
Article 2 – paragraph 1 – point 28 – introductory part
Article 2 – paragraph 1 – point 28 – introductory part
(28) ‘relevant substance of concern’ means a substance that:
Amendment 383 #
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 or other valorisation operation of materials in the product in which it is present in other European legislation;
Amendment 395 #
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 operationsfor landfilling or energy recovery;
Amendment 425 #
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 provider. This definition shall not apply for the purposes of article 58, for which the applicable definition will be that provided for in article 2.1.10) of 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;
Amendment 459 #
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 reasonon grounds 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 467 #
Proposal for a regulation
Article 3 – paragraph 4
Article 3 – paragraph 4
Amendment 532 #
Proposal for a regulation
Article 5 – paragraph 1 – point l
Article 5 – paragraph 1 – point l
(l) possibility of recovery of materials, especially fundamental raw materials;
Amendment 562 #
Proposal for a regulation
Article 5 – paragraph 4 – point a – point i a (new)
Article 5 – paragraph 4 – point a – point i a (new)
(ia) Union environment, material efficiency, waste prevention and sound management and other circular economy priorities;
Amendment 590 #
Proposal for a regulation
Article 5 – paragraph 4 – point c
Article 5 – paragraph 4 – point c
(c) take into consideration relevant technical information used as a basis for or derived from Union legislation or instruments, including Regulation (EC) No 66/2010, Directive 2010/75/EU, technical screening criteria adopted pursuant to Regulation (EU) 2020/852, Product Environmental Footprint, Environmental Organisation Footprint and green public procurement criteria;
Amendment 646 #
Proposal for a regulation
Article 7 – paragraph 2 – point a
Article 7 – paragraph 2 – point a
(a) include, as a minimum, requirements related to the product passport referred to in Chapter III and requirements related to relevant substances of concern referred to in paragraph 5; and
Amendment 667 #
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 relevant substances of concern, including the threshold to be defined for a specific product group pursuant to a multi- stakeholder consultation, 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 682 #
Proposal for a regulation
Article 7 – paragraph 5 – subparagraph 1 – point a
Article 7 – paragraph 5 – subparagraph 1 – point a
(a) the name of the relevant substances of concern present in the product;
Amendment 688 #
Proposal for a regulation
Article 7 – paragraph 5 – subparagraph 1 – point b
Article 7 – paragraph 5 – subparagraph 1 – point b
(b) the location of the relevant substances of concern within the product;
Amendment 689 #
Proposal for a regulation
Article 7 – paragraph 5 – subparagraph 1 – point c
Article 7 – paragraph 5 – subparagraph 1 – point c
(c) the concentration, maximum concentration or concentration range of the relevant substances of concern, at the level of the product, its main components, or spare parts;
Amendment 699 #
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 711 #
Proposal for a regulation
Article 7 – paragraph 5 – subparagraph 2 – point c
Article 7 – paragraph 5 – subparagraph 2 – point c
(c) provide exemptions for relevant substances of concern or information elements from the information requirements referred to in the first subparagraph.
Amendment 712 #
Proposal for a regulation
Article 7 – paragraph 5 – subparagraph 3
Article 7 – paragraph 5 – subparagraph 3
Exemptions referred to in the second subparagraph, point (c), may be provided based on the technical feasibility or relevance of tracking relevant substances of concern, the existence of analytical methods to detect and quantify them, the need to protect confidential business information and in other duly justified cases.
Amendment 718 #
Proposal for a regulation
Article 7 – paragraph 5 – subparagraph 4
Article 7 – paragraph 5 – subparagraph 4
Amendment 736 #
Proposal for a regulation
Article 7 – paragraph 6 – subparagraph 3 a (new)
Article 7 – paragraph 6 – subparagraph 3 a (new)
Any supplier of an article, a substance or a mixture shall provide the recipient of the article, substance of mixture with sufficient information, free of charge, to allow the manufacturers to comply with information requirements related to the product aspects listed in Article 5(1), as laid down in the delegated acts adopted pursuant to Article 4. If the recipient of the article, substance or mixture is not the manufacturer, the recipient shall ensure that the information referred to in the first sub-paragraph is communicated to the manufacturer.
Amendment 761 #
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 774 #
Proposal for a regulation
Article 8 – paragraph 2 – point h a (new)
Article 8 – paragraph 2 – point h a (new)
(ha) the modalities by which supplies and recipients of an article, a mixture or a substance shall communicate to manufacturers in accordance with Article 7 (8).
Amendment 808 #
Proposal for a regulation
Article 8 – paragraph 4 a (new)
Article 8 – paragraph 4 a (new)
4a. 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 825 #
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) within the information provided to consumers, it should be prohibited to use specific names of plants, tree-based or sustainable raw materials in product names and descriptions without the presence of such components in the product.
Amendment 835 #
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 and marketplaces with a digital copy of the data carrier to allow the dealerm 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’safter receiving the request.
Amendment 840 #
Proposal for a regulation
Article 10 – paragraph 1 – point a a (new)
Article 10 – paragraph 1 – point a a (new)
(aa) product passports shall be fully interoperable with existing product databases such as the SCIP database and the EPREL database;
Amendment 870 #
Proposal for a regulation
Article 14 – paragraph 4 a (new)
Article 14 – paragraph 4 a (new)
4a. The information requirements established in accordance with paragraph 1 shall not replace other environmental labels with information requirements other than those referred to in Article 7(1) in application of other Union legislation.
Amendment 874 #
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
Where delegated acts 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 or any kind of information accompanying the product which are likely to mislead or confuse customers with respect to the labels provided for in Article 14.
Amendment 878 #
Proposal for a regulation
Article 16 – paragraph 1 – introductory part
Article 16 – paragraph 1 – introductory part
1. When prioritising products to be covered by ecodesign requirements in accordance with this Regulation, the Commission shall take into account their potential contribution to achieving Union climate, environmental, circular economy and energy efficiency objectives, as well as the following criteria:
Amendment 907 #
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 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.
Amendment 913 #
Proposal for a regulation
Article 17 – paragraph 2 a (new)
Article 17 – paragraph 2 a (new)
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 916 #
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
1. Two or more economic operators may submit a self-regulation measure establishing ecodesign requirements for products to the Commission as an alternative to a delegated act adopted pursuant to Article 4. Those operators shall provide evidence that the criteria referred to in paragraph 3, points (a) to (e), are fulfilled. With respect to paragraph 3, point (a), that evidence shall consist of a structured technical, environmental and economic analysis, justifying the ecodesign requirements and objectives of the self- regulation measure, and assessing the impacts of the ecodesign requirements set in that self-regulation measure and assessing the impacts of the ecodesign requirements set in that self-regulation measure.
Amendment 918 #
Proposal for a regulation
Article 18 – paragraph 2 – subparagraph 1 – point b
Article 18 – paragraph 2 – subparagraph 1 – point b
(b) the ecodesign requirements applicable to products according to article 5 covered by the self- regulation measure;
Amendment 970 #
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 and indicating whether the product is discarded without use;
Amendment 978 #
Proposal for a regulation
Article 20 – paragraph 1 – subparagraph 1 – point c
Article 20 – paragraph 1 – subparagraph 1 – point c
(c) the delivery of discarded products to donation, preparing for re-use, remanufacturing, recycling, energy recovery and disposal operations in accordance with the waste hierarchy as defined by Article 4 of Directive 2008/98/EC.
Amendment 988 #
Proposal for a regulation
Article 20 – paragraph 2 – subparagraph 1
Article 20 – paragraph 2 – subparagraph 1
The Commission mayshall adopt implementing acts setting out the format for the disclosure of the information referred to in paragraph 1, including the type or category and how the information is to be verified.
Amendment 1055 #
Proposal for a regulation
Article 56 – paragraph 1 – subparagraph 2
Article 56 – paragraph 1 – subparagraph 2
Notified bodies shall participate in the work of any relevant group, directly or by means of designated representatives. The repetitive absence of participation shall be cause of notification withdrawal.
Amendment 1064 #
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, may take the form of mandatory technical specifications, selection critecontract performance clauses, as appropriate, linked to the subject matter of the contract. 2. When establishing requirements pursuant to Article 4, third subparagraph, point (h), for public contracts, the Commission shall take into account the following criteria: (a) the value and volume of public contracts awarded for that given product group or for the services or works using the given product group; (b) the need to ensure sufficient demand for more environmentally sustainable products; (c) the economic feasibility for contracting authorities or contracting entities to buy more environmentally sustainable products, without entailing disproportionate costs. 3. Contracting authorities and entities may, where appropriate, award criteria, contract performance clauses, or targets, as appropriatepply stricter requirements than those laid down in this Article. 4. Instead of requirements pursuant to Article 4, third subparagraph, point (h), contracting authorities and entities may apply available equivalent national requirements. 5. Contracting authorities and entities may decide not to apply mandatory requirements if: (a) the procedure for the award of the contract falls under Article 32(2)(c) of Directive 2014/24/EU or Article 50 (1)(d) of Directive 2014/25/EU; or similar procedures for the awarding of contracts; or (b) it is not consistent with sufficient competition; or (c) it is not possible in terms of economic efficiency”. .
Amendment 1087 #
Proposal for a regulation
Article 69 – paragraph 1
Article 69 – paragraph 1
“No sooner than [8 years after the date of application of this Regulation], the Commission shall carry out an evaluation of this Regulation and of its contribution to the functioning of the internal market and the improvement of the environmental sustainability of products. The Commission shall present a report on the main findings to the European Parliament, the Council, the European Economic and Social Committee, and the Committee of the Regions. Member States shall provide the Commission with the information necessary for the preparation of that report. The provision of public procurement data must be channelled through the standard forms of Commission Implementing Regulation (EU) 2019/1780 of 23 September 2019 establishing standard forms for the publication of notices in the field of public procurement and repealing implementing Regulation (EU) 2015/1986 (eForms)”.
Amendment 1096 #
Proposal for a regulation
Annex I – paragraph 1 – point b
Annex I – paragraph 1 – point b
(b) ease of repair and maintenance as expressed through: characteristics, availability and delivery time and price of spare parts, modularity, compatibility with commonly available spare parts, availability of repair and maintenance instructions, number of materials and components used, use of standard components, use of component and material coding standards for the identification of components and materials, number and complexity of processes and tools needed, use of standard tools, ease of non-destructive disassembly and re- assembly, conditions for access to product data, conditions for access to or use of hardware and software needed;
Amendment 1100 #
Proposal for a regulation
Annex I – paragraph 1 – point d
Annex I – paragraph 1 – point d
(d) ease and quality of recycling as expressed through: use of easily recyclable materials, availabilty of treatment plants for recovery, safe, easy and non- destructive access to recyclable components and materials or components and materials containing hazardous substances, material composition and homogeneity, possibility for high-purity sorting, number of materials and components used, use of standard components, use of component and material coding standards for the identification of components and materials, number and complexity of processes and tools needed, ease of non-destructive disassembly and re-assembly, conditions for access to product data, conditions for access to or use of hardware and software needed;
Amendment 1112 #
Proposal for a regulation
Annex I – paragraph 1 – point h a (new)
Annex I – paragraph 1 – point h a (new)
(ha) use or content fundamental raw materials;
Amendment 1126 #
Proposal for a regulation
Annex II – paragraph 1 – point 1 – paragraph 5
Annex II – paragraph 1 – point 1 – paragraph 5
Any concentration limit for relevant substances and substances of concern as referred to in Annex I, point (f), shall be based on a thorough analysis of the sustainability of the substances and their identified alternatives, and shall not have significant adverse effects on human health or the environment. Any performance requirement on substances as referred to in Annex I, point (f), shall take into consideration existing chemical safety assessments performed by the relevant Union bodies for the substances concerned, as well as safe and sustainable by design criteria for chemicals and materials developed by the Commission. Proposed concentration limits shall also consider aspects of enforceability, such as analytical detection limits.
Amendment 1129 #
Proposal for a regulation
Annex II – paragraph 1 – point 2 – paragraph 1
Annex II – paragraph 1 – point 2 – paragraph 1
For the development of the technical, environmental and economic analyses, relevant information available in the framework of other Union activities shall be taken into account and shall include technical information used as a basis for or derived from Regulation (EC) No 66/2010, Directive 2010/75/EU and Green Public Procurement criteria and experience obteined from Product Footprint Category Rules.