36 Amendments of Matteo ADINOLFI related to 2022/0095(COD)
Amendment 154 #
Proposal for a regulation
Recital 22
Recital 22
(22) Chemical safety is a recognised element of product sustainability. It is based on chemicals’ intrinsic hazards to health or the environment in combination with specific or generic exposure, and is addressed by chemicals legislation, such as Regulation (EC) No 1935/2004 of the European Parliament and of the Council58, Regulation (EC) No 1907/2006 of the European Parliament and of the Council59, Regulation (EC) No 1223/2009 of the European Parliament and of the Council60, Regulation (EU) 2017/745 of the European Parliament and of the Council61 and Directive 2009/48/EC of the European Parliament and of the Council62. This Regulation shouldmust not enable the restriction of substances based on chemical safety, as done under other Union legislation. Similarly, this Regulation should not enable the restriction of substances for reasons related to food safety. Union law on chemicals and food, however, does not allow addressing, through restrictions on certain substances, impacts on sustainability that are unrelated to chemical safety or food safety. To overcome this limitation, this Regulation should allow, under certain conditions, for the restriction, primarily for reasons other than chemical or food safety, of substances present in products or used that negatively affect products’ sustainability. Such restrictions should be assessed according their manufacturing processes which negatively affect products’ sustainabilityo proportionality criteria, taking into account the actual environmental impact of the substance in the finished product placed on the market, the availability of alternatives and the effectiveness of the product itself. This Regulation also should not result in the duplication or replacement of restrictions of substances covered by Directive 2011/65/EU of the European Parliament and of the Council63, which has as its objective the protection of human health and the environment, including the environmentally sound recovery and disposal of waste from electrical and electronic equipment. __________________ 58 Regulation (EC) No 1935/2004 of the European Parliament and of the Council of 27 October 2004 on materials and articles intended to come into contact with food and repealing Directives 80/590/EEC and 89/109/EEC (OJ L 338, 13.11.2004, p. 4). 59 Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency, amending Directive 1999/45/EC and repealing Council Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC (OJ L 396, 30.12.2006, p. 1). 60 Regulation (EC) No 1223/2009 of the European Parliament and of the Council of 30 November 2009 on cosmetic products (OJ L 342, 22.12.2009, p. 59). 61 Regulation (EU) 2017/746 of the European Parliament and of the Council of 5 April 2017 on in vitro diagnostic medical devices and repealing Directive 98/79/EC and Commission Decision 2010/227/EU (OJ L 117, 5.5.2017, p. 176). 62 Directive 2009/48/EC of the European Parliament and of the Council of 18 June 2009 on the safety of toys (OJ L 170, 30.6.2009, p. 1). 63 Directive 2011/65/EU of the European Parliament and of the Council of 8 June 2011 on the restriction of the use of certain hazardous substances in electrical and electronic equipment (OJ L 174, 1.7.2011, p. 88).
Amendment 165 #
Proposal for a regulation
Recital 23
Recital 23
Amendment 190 #
Proposal for a regulation
Recital 26
Recital 26
(26) The information requirements set under this Regulation should include the requirement to make available a product passport. The product passport is an important tool for making information available to actors along the entire value chain and the availability of a product passport should significantly enhance end- to-end traceability of a product throughout its value chain. Among other things, the product passport should help consumers make informed choices by improving their access to product information relevant to them, allow economic operators other value chain actors such as repairers or recyclers to access relevant information, and enable competent national authorities to perform their duties. To this end, the product passport should not replace but complement non-digital forms of transmitting information, such as information in the product manual or on a label. In addition, it should be possible for the product passport to be used for information on other sustainability aspects applicable to the relevant product group pursuant to other Union legislation. The design of the digital product passport must also factor in ease of use for businesses, especially SMEs.
Amendment 209 #
Proposal for a regulation
Recital 42
Recital 42
(42) To deliver in the most efficient way on the European Green Deal’s objectives and to address the most impactful products first, the Commission should carry out a prioritisation of products to be regulated under this Regulation and requirements that will apply to them. Based on the process followed for prioritisation under Directive 2009/125/EC, the Commission should adopt a working plan, covering at least 35 years, laying down a list of product groups for which it plans to adopt delegated acts as well as the product aspects for which it intends to adopt delegated acts of horizontal application. TIn prioritising, the Commission should consider in particular those product groups identified in this Regulation, and base its prioritisation on a set of criteria pertaining in particular to the delegated acts’ potential contribution to the Union climate, environmental and energy objectives and their potential for improving the product aspects selected without disproportionate costs to the public and economic operators. Considering their importance for meeting the Union’s energy objectives, the working plans should include an adequate share of actions related to energy-related products. Member States and stakeholders should also be consulted through the Ecodesign Forum. Due to the complementarities between this Regulation and Regulation (EU) 2017/1369 for energy-related products, the timelines for the working plan under this Regulation and the one provided for under Article 15 of Regulation (EU) 2017/1369 should be aligned.
Amendment 248 #
Proposal for a regulation
Recital 86
Recital 86
(86) In order to incentivise consumers to make sustainable choices, in particular when the more sustainable products are not affordable enough, mechanisms such as eco-vouchers and green taxation should be provided for. Incentives should also be provided for the repair, reuse and recovery of products already placed on the market. When Member States decide to make use of incentives to reward the best- performing products among those for which classes of performance have been set by delegated acts pursuant to this Regulation, they should do so by targeting those incentives at the highest two populated classes of performance, unless otherwise indicated by the relevant delegated act. However, Member States should not be able to prohibit the placing on the market of a product based on its class of performance. For the same reason, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission to supplement this Regulation by further specifying which product parameters or related levels of performance Member States’ incentives concern in case no class of performance is determined in the applicable delegated act or where classes of performance are established in relation to more than one product parameter. The introduction of Member State incentives should be without prejudice to the application of the Union State aid rules.
Amendment 269 #
Proposal for a regulation
Article 1 – paragraph 1 – subparagraph 1 – point d
Article 1 – paragraph 1 – subparagraph 1 – point d
(d) the presence of substances of concern in final products;
Amendment 293 #
Proposal for a regulation
Article 1 – paragraph 2 – point g a (new)
Article 1 – paragraph 2 – point g a (new)
(ga) energy carriers within the meaning of Directive (EU) 2018/2001 and Directive 2009/30/EC.
Amendment 299 #
Proposal for a regulation
Article 2 – paragraph 1 – point 3
Article 2 – paragraph 1 – point 3
(3) ‘intermediateunfinished product’ or ‘semi-finished product’ means a product that requires further manufacturing or transformationprocessing such as mixing, coating or assembling to make it suitable for end- users;
Amendment 344 #
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 method to quantify the environmental impacts of products established by Recommendation (EU) 2021/2279 or on the basis of other internationally-recognised standards;
Amendment 360 #
Proposal for a regulation
Article 2 – paragraph 1 – point 28 – point b – indent 6
Article 2 – paragraph 1 – point 28 – point b – indent 6
— chronic hazard to the aquatic environment categories 1 to 42,
Amendment 363 #
Proposal for a regulation
Article 2 – paragraph 1 – point 28 – point b – indent 9
Article 2 – paragraph 1 – point 28 – point b – indent 9
Amendment 378 #
Proposal for a regulation
Article 2 – paragraph 1 – point 28 – point c
Article 2 – paragraph 1 – point 28 – point c
Amendment 476 #
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
When establishing ecodesign requirements in delegated acts referred to in the first subparagraph, the Commission shall grant economic operators sufficient time to adjust to the new requirements, taking into special consideration any impact on micro-enterprises and SMEs or on specific product groups mainly manufactured by SMEs. The Commission shall also supplement this Regulation by specifying the applicable conformity assessment procedures from among the modules set out in Annex IV to this Regulation and Annex II to Decision No 768/2008/EC, with the adaptations necessary in view of the product or ecodesign requirements concerned, in accordance with Article 36.
Amendment 570 #
Proposal for a regulation
Article 5 – paragraph 4 – point a – point ii
Article 5 – paragraph 4 – point a – point ii
(ii) relevant Union legislation, including the extent to which it addresses the relevant product aspects listed in paragraph 1, to ensure harmonisation and avoid duplication or overlaps of regulation;
Amendment 601 #
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 leastnd especially of micro-enterprises and of SMEs;
Amendment 611 #
Proposal for a regulation
Article 5 – paragraph 5 – point f
Article 5 – paragraph 5 – point f
(f) there shall be no disproportionate administrative or financial burden on manufacturers or other economic actors.
Amendment 619 #
Proposal for a regulation
Article 5 – paragraph 6 – introductory part
Article 5 – paragraph 6 – introductory part
6. The Commission shallmay, where appropriate, requireest supply chain actors, based on the specific characteristics of the product groups concerned, to:
Amendment 621 #
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 related to their supplies or services that is relevant in order to verify compliance with ecodesign requirements;
Amendment 624 #
Proposal for a regulation
Article 5 – paragraph 7
Article 5 – paragraph 7
7. The Commission shall, where appropriate and based on the specific characteristics of the product groups concerned, identify appropriate means of verification for specific ecodesign requirements, including directly on the product or on the basis of the technical documentation. Verification procedures must not entail any additional administrative burdens for actors in the supply chain.
Amendment 675 #
Proposal for a regulation
Article 7 – paragraph 5 – subparagraph 1 – introductory part
Article 7 – paragraph 5 – subparagraph 1 – introductory part
The information requirements referred to in paragraph 1 shall enable the tracking of all substances of concern throughout the life cycle ofof relevance within 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 687 #
Proposal for a regulation
Article 7 – paragraph 5 – subparagraph 1 – point b
Article 7 – paragraph 5 – subparagraph 1 – point b
(b) if relevant, the location of the substances of concern within the product;
Amendment 696 #
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 of relevance for the purposes of the product groups covered; the assessment of relevance should be based on horizontal criteria established in dialogue with stakeholders.
Amendment 704 #
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 referred to in the first subparagraph, using a step-by-step approach, with possible differentiation between substances; and
Amendment 709 #
Proposal for a regulation
Article 7 – paragraph 5 – subparagraph 2 – point c
Article 7 – paragraph 5 – subparagraph 2 – point c
Amendment 713 #
Proposal for a regulation
Article 7 – paragraph 5 – subparagraph 3
Article 7 – paragraph 5 – subparagraph 3
Amendment 719 #
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 758 #
Proposal for a regulation
Article 8 – paragraph 2 – point f
Article 8 – paragraph 2 – point f
(f) the actors that shall have access to information in the product passport and to what information they shall have access, including customers, end-users, manufacturers, importers and distributors, dealers, repairers, including independent repairers, remanufacturers, recyclers, competent national authorities, public interest organisations and the Commission, or any organisation acting on their behalf;
Amendment 843 #
Proposal for a regulation
Article 10 – paragraph 1 – point b
Article 10 – paragraph 1 – point b
(b) consumers, economic operators, repairers, including independent repairers, collection and reuse operators, waste management operators and other relevant actors shall have free access, at no cost, to the product passport based on their respective access rights set out in the applicable delegated act adopted pursuant to Article 4;
Amendment 885 #
Proposal for a regulation
Article 16 – paragraph 2 – subparagraph 1
Article 16 – paragraph 2 – subparagraph 1
The Commission shall adopt and regularly update a working plan, covering a period of at least 35 years, setting out a list of product groups for which it intends to establish ecodesign requirements in accordance with this Regulation. That list shall include products aspects referred to in Article 5(1) for which the Commission intends to adopt horizontal ecodesign requirements established pursuant to Article 5(2), second subparagraph.
Amendment 923 #
Proposal for a regulation
Article 18 – paragraph 3 – subparagraph 1 – point b
Article 18 – paragraph 3 – subparagraph 1 – point b
(b) the market share in terms of volume of the signatories to the self-regulation measure in relation to the products covered by that measure is at least 850 % of units placed on the market or put into service;
Amendment 945 #
Proposal for a regulation
Article 19 – paragraph 3 – subparagraph 3 – introductory part
Article 19 – paragraph 3 – subparagraph 3 – introductory part
In addition, without prejudice to applicable State aid rules, such measures mayshall include:
Amendment 948 #
Proposal for a regulation
Article 19 – paragraph 3 – subparagraph 3 – point d a (new)
Article 19 – paragraph 3 – subparagraph 3 – point d a (new)
(da) Financial support to facilitate the participation of SMEs and their representatives in standardisation bodies and in the Ecodesign Forum referred to in Article 17.
Amendment 1061 #
Proposal for a regulation
Article 57 – paragraph 3 a (new)
Article 57 – paragraph 3 a (new)
3a. Member State incentives shall also relate to the promotion of the repair, re- use and recovery of products. Such incentives shall be aimed at consumers who use authorised or independent producers or repairers to carry out certain work to repair or recover goods instead of replacing them.
Amendment 1102 #
Proposal for a regulation
Annex I – paragraph 1 – point f
Annex I – paragraph 1 – point f
Amendment 1103 #
Proposal for a regulation
Annex I – paragraph 1 – point f
Annex I – paragraph 1 – point f
(f) use of substances, on their own, as constituents of substances or in mixtures, dur present ing the production process of products, or leading to their presence in products, including once these products become wasteend product that have a measurable negative effect on its sustainability;
Amendment 1109 #
Proposal for a regulation
Annex I – paragraph 1 – point h
Annex I – paragraph 1 – point h
(h) use or content of recycled materials as defined in other applicable European legislative specifications for products;