75 Amendments of Sara MATTHIEU related to 2022/0095(COD)
Amendment 114 #
Proposal for a regulation
Recital 5
Recital 5
(5) This Regulation will contribute to making products and digital services 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.
Amendment 117 #
Proposal for a regulation
Recital 6
Recital 6
(6) The European Parliament, in its Resolution of 25 November 2020 ‘Towards a more sustainable single market for business and consumers’30 , welcomed promoting durable products which are easier to repair, re-use and recyclecalled for setting a right framework to ensure the production of durable products which are easier to repair, re-use and recycle while providing increased rights for consumers, including information requirements and longer legal guarantee periods. In its report on the New Circular Economy Action Plan adopted on 16 February 202131 , the European Parliament further endorsed the agenda presented by the Commission in the CEAPcalled for EU binding targets to significantly reduce EU material and consumption footprints. It considered that the transition to a circular economy can provide solutions to address the current environmental challenges and the economic crisis brought on by the COVID- 19 pandemic. The Council, in its conclusions on ‘Making the Recovery Circular and Green’ adopted on 11 December 202032 , also welcomed the Commission’s intention to submit legislative proposals as part of a comprehensive and integrated sustainable product policy framework that promotes climate neutrality, energy and resource efficiency and a non-toxic circular economy, protects public health and biodiversity, and empowers and protects consumers and public buyers. __________________ 30 P9_TA(2020)0318. 31 P9_TA(2021)0040. 32 13852/20.
Amendment 128 #
Proposal for a regulation
Recital 11
Recital 11
(11) In order to create an effective and future-proof regulatory framework, it is necessary to allow for the setting of ecodesign requirements on all physical goods placed on the market or put into service, including components and intermediate products. This should allow the Commissions to take into account the broadest range of products possible when prioritising the establishment of ecodesign requirements and thereby maximise their effectiveness. Where needed, specific exemptions should be made when setting ecodesign requirements, for example for products with a particular purpose that could not be fulfilled when complying with ecodesign requirements or for second- hand products that were placed or made available on the market before the entry into force of this Regulation or of the relevant Delegated Act. In addition, exemptions should be made at the level of the framework for those products for which it is already clear that ecodesign requirements would not be suitable or where other frameworks provide for the setting of such requirements. This should be the case for food and feed as defined in Regulation (EC) No 178/2002 of the European Parliament and of the Council44 , medicinal products for human use as defined in Directive 2001/83/EC of the European Parliament and of the Council45 , veterinary medicinal products as defined in Regulation (EU) 2019/6 of the European Parliament and of the Council46 , living plants, animals and micro-organisms, products of human origin, and products of plants and animals relating directly to their future reproduction. __________________ 44 Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety (OJ L 31, 1.2.2002, p. 1). 45 Directive 2001/83/EC of the European Parliament and of the Council of 6 November 2001 on the Community code relating to medicinal products for human use (OJ L 311, 28.11.2001, p. 67). 46 Regulation (EU) 2019/6 of the European Parliament and of the Council of 11 December 2018 on veterinary medicinal products and repealing Directive 2001/82/EC (OJ L 4, 7.1.2019, p. 43).
Amendment 131 #
Proposal for a regulation
Recital 11 a (new)
Recital 11 a (new)
(11a) While representing an increasing share of the European economy, digital services are seldom designed in a way that reduces their energy footprint and storage requirements. Actors who would like to resort to ecodesigned digital services have little ways of comparing their environmental virtue. To enable the generalisation of a sustainably digital environment, a European label for the ecodesign of services should be developed. Such label would ensure trustworthy implementation of best practices by digital services providers, distinguish them from their competitors and serve as a market both for public procurement and private actors engaging in the green transition.
Amendment 138 #
Proposal for a regulation
Recital 15
Recital 15
(15) Once a delegated act setting ecodesign requirements is adopted by the Commission for a given product group, Member States should, in order to ensure the functioning of the internal market, no longer be allowed to set national performance requirements based on product parameters covered by such performance requirements laid down in that delegated act, and no longer be allowed to set national continue to be allowed to set national performance and information requirements based on product parameters covered by such inperformationnce requirements laid down in that delegated act. In order to ensure the functioning of the internal market, the Commission should be empowered to establish that no ecodesign requirements in the form of performance requirements and/or in the form of information requirements are necessary in relation to a specific product parameter.
Amendment 142 #
Proposal for a regulation
Recital 17
Recital 17
(17) To avoid duplication of efforts and regulatory burden, consistencConsistency and complementarity should be ensured between this Regulation and requirements set in or pursuant to other Union legislation, especially products, chemicals and waste legislation51 . However, tThe existence of empowerments under other Union legislation to set requirements with the same or similar effects as requirements under this Regulation does not limit the empowerments included in this Regulation, unless specified in this Regulation. __________________ 51 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions on the implementation of the circular economy package - options to address the interface between chemical, product and waste legislation (COM(2018) 32 final).
Amendment 152 #
Proposal for a regulation
Recital 20
Recital 20
(20) Performance requirements should relate to a selected product parameter relevant to the targeted product aspect for which potential for improving environmental sustainability has been identified. Such requirements may include minimum or maximum levels of performance in relation to the product parameter, non-quantitative requirements that aim to improve performance in relation to the product parameter, or requirements related to a product’s functional performance to ensure that the selected performance requirements do not negatively impact the ability of the product to perform the function for which it was designed and marketed. Regarding minimum or maximum levels, they may for example take the form of a limit on energy consumption in the use phase or on the quantities of a given material incorporated in the product, a requirement for minimum quantities of recycled content, or a limit on a specific environmental impact category or on an aggregation of all relevant environmental impacts. An example of a non-quantitative requirement is the prohibition of a specific technical solution that is detrimental to product reparability. Performance requirements will be used to ensure the removal of the worst performing products from the market and to gradually move to the best performing products where this is necessary to contribute to the environmental sustainability objectives of the Regulation.
Amendment 156 #
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 should notalso enable the restriction of substances based on chemical safety, as done under other Union legislation. Similarly, this Regulation should notalso enable the restriction of substances for reasons related to food safety. This is particularly relevant where 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 also allow, under certain conditions, for the restriction, primarily for reasons other than chemical or food safety, of substances present in products or used in their manufacturing processes which negatively affect products’ sustainability. This Regulation also should not result in the duplication or replacement ofenable to complement, where necessary, 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 169 #
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 maywill 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 175 #
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, 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. As information requirements on durability and reparability of products play a central role for consumers to engage in sustainable consumption patterns, this Regulation should establish criteria for developing a reparability score and a durability index for certain product-categories.
Amendment 192 #
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 and other value chain actors such as repairers, independent economic operators 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 198 #
Proposal for a regulation
Recital 28
Recital 28
(28) In order to ensure interoperability, the types of permitted data carriers should be specified. For the same reason, the data carrier and the unique product identifier should be released in accordance with internationally recognised standards. The data should be transferable through an open interoperable data exchange network without vendor lock-in. The power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission to amend this Regulation by replacing or adding standards in accordance with which the data carrier and the unique identifiers may be released, in light of technical or scientific progress. This should ensure that the information contained in the product passport can be recorded and transmitted by all economic operators, as well as to guarantee the compatibility of the unique identifier with external components such as scanning devices.
Amendment 223 #
Proposal for a regulation
Recital 46
Recital 46
(46) The destruction of unsold consumer products, such as textiles and footwear, 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, in particular, but not limited to 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. 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 228 #
Proposal for a regulation
Recital 48
Recital 48
(48) In order to avoid the destruction of unsold consumer products, where the destruction of such products is prevalent, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission to supplement this Regulation by prohibiting the destruction of such products. Given the wide range of products that may potentially be destroyed without ever being sold or used, it is necessary to establish such empowerment in this Regulation. However, the prohibition set in the delegated acts should apply to specific product groups to be determined based on an assessment by the Commission of the extent to which the destruction of such products takes place in practice, taking into account the information made available by economic operators where appropriate. To ensure that this obligation is proportionate, the Commission shouldmay consider specific exemptions under which destroying unsold consumer products may still be permitted, for instance in view of health and safety concerns. To monitor the effectiveness of this prohibition and to dis-incentivise circumvention, economic operators should be required to disclose the number of unsold consumer products destroyed and the reasons for their destruction under applicable exemptions. Finally, to avoid any undue administrative burden on SMEsmall and microenterprises, they should be exempted from the obligations to disclose their unsold discarded products and from the prohibition to discard specific products groups set in delegated acts. However, where there is reasonable evidence that SMEs may be used to circumvent those obligations, the Commission should be able to require, in those delegated acts, for some product groups, that these obligations also apply to micro, small or medium sized enterprises. The destruction of unsold products by economic operators should however be already prohibited for textiles, footwear, electrical and electronic appliances, given that ample evidence exists to demonstrate that the destruction of such products is taking place and is causing significant environmental impacts.
Amendment 231 #
Proposal for a regulation
Recital 49
Recital 49
(49) Economic operators should be responsible for products’ compliance with the ecodesign requirements under this Regulation, in relation to their respective roles in the supply chain, so as to ensure those products’ free movement on the internal market and to improve their sustainability. Economic operators intervening in the supply and distribution chain should take appropriate measures to ensure that they only make available on the market products that are in conformity with this Regulation and the delegated acts adopted pursuant to it. Economic operators making available second-hand products should only be required to comply with ecodesign requirements set out in delegated acts adopted prior to the placing on the market of the first-hand product concerned.
Amendment 258 #
Proposal for a regulation
Recital 101
Recital 101
(101) To enhance trust in products placed on the market, in particular as regards the fact that they comply with ecodesign requirements, the public needs to be sure that economic operators placing non- compliant products on the market will be subject to penalties. It is therefore necessary that Member States lay down effective, proportionate and dissuasive penalties in national law for failure to comply with this Regulation. To facilitate more consistent application of penalties, common non-exhaustive criteria should be established for determining the types and levels of penalties to be imposed in case of infringements of this Regulation. These criteria should include, inter alia, the nature and gravity of the infringement and the economic benefits derived from and the environmental damage caused by the infringement, insofar as these can be determined.
Amendment 261 #
Proposal for a regulation
Article 1 – paragraph 1 – subparagraph 1 – introductory part
Article 1 – paragraph 1 – subparagraph 1 – introductory part
This Regulation establishes a framework to improve the environmental sustainability of products and digital services in order to make sustainable products and digital services the norm, and to reduce their overall environmental, carbon and material footprint over their lifecycle to respect planetary boundaries by 2050 at the latest, as well as to improve their social sustainability and to ensure free movement in the internal market by setting ecodesign requirements that products shall fulfil to be placed on the market or put into service. Those ecodesign requirements, which shall be further elaborated by the Commission in delegated acts, relate to:
Amendment 302 #
Proposal for a regulation
Article 2 – paragraph 1 – point 5 a (new)
Article 2 – paragraph 1 – point 5 a (new)
(5a) ‘digital service’ means: (a) a service that allows the consumer to create, process, store or access data in digital form; or (b) a service that allows the sharing of, or any other interaction with data in digital form uploaded or created by the consumer or other users of that service;
Amendment 316 #
Proposal for a regulation
Article 2 – paragraph 1 – point 18
Article 2 – paragraph 1 – point 18
(18) ‘refurbishment’ means preparing or modifyingtesting, and where necessary performing repair and maintenance, as well as deleting data connected to the previous use, including personal data, in case of electronic devices, by a professional, on an object that is waste or a second-hand 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 applicable technical standards or regulatory requirements, with before making it available on the market. Refurbishment may also include improving the raesult of making a fully functionalthetics of the product;
Amendment 329 #
Proposal for a regulation
Article 2 – paragraph 1 – point 21
Article 2 – paragraph 1 – point 21
(21) ‘durability’ means the ability of a product to function as required, under specified conditions of use, maintenance and repair, until a limiting event prevents its functioningnd maintain for a certain period of time its required function and performance under normal conditions of use, maintenance and repair;
Amendment 332 #
Proposal for a regulation
Article 2 – paragraph 1 – point 22
Article 2 – paragraph 1 – point 22
(22) ‘reliability’ means the high probability that a product functions as required under given conditions for a given duration without a limiting event;
Amendment 347 #
Proposal for a regulation
Article 2 – paragraph 1 – point 25 a (new)
Article 2 – paragraph 1 – point 25 a (new)
(25a) 'material footprint' means the quantification of the materials needed for a product category as the sum of biomass, fossil fuels, metal ores and non-metallic minerals consumed;
Amendment 358 #
Proposal for a regulation
Article 2 – paragraph 1 – point 28 – point b – indent 3 a (new)
Article 2 – paragraph 1 – point 28 – point b – indent 3 a (new)
— [to be added in the course of the legislative procedure once Regulation (EC) No 1272/2008 contains these hazard classes: Persistent, Bioacumulative, Toxic (PBTs), very Persistent very Bioaccumulative (vPvBs); Persistent, Mobile and Toxic (PMT), very Persistent very Mobile (vPvM); Endocrine disruption]
Amendment 377 #
Proposal for a regulation
Article 2 – paragraph 1 – point 28 – point b a (new)
Article 2 – paragraph 1 – point 28 – point b a (new)
(ba) is regulated under Regulation (EU) No 2019/1021, or is listed in Annex XVII of Regulation (EC) No 1907/2006, or restricted in sectorial legislation;
Amendment 403 #
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, including surplus, excessive inventory, overstock, deadstock and samples, or 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 433 #
Proposal for a regulation
Article 2 – paragraph 1 – point 59 a (new)
Article 2 – paragraph 1 – point 59 a (new)
(59a) ‘independent operator’ means a natural or legal person who is independent from the manufacturer and the producer and is directly or indirectly involved in the refurbishment, repair, maintenance or repurposing of the product, and includes waste management operators, refurbishers, repairers, manufacturers or distributors of repair equipment, tools or spare parts, as well as publishers of technical information, operators offering inspection and testing services, operators offering training for installers, manufacturers, and repairers of equipment;
Amendment 457 #
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Products shall only be placed on the market or put into service if they comply with the ecodesign requirements set out in the delegated acts adopted pursuant to Article 4 applicable to those products. Second-hand products shall only be required to comply with ecodesign requirements set out in delegated acts adopted prior to the placing on the market of the first-hand product concerned.
Amendment 458 #
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
Amendment 466 #
Proposal for a regulation
Article 3 – paragraph 4
Article 3 – paragraph 4
Amendment 471 #
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
The Commission is empowered to adopt delegated acts in accordance with Article 66 to supplement this Regulation by establishing ecodesign requirements for, or in relation to, products to improve their environmental sustainability. Those requirements shall include the elements listed in Annex VI and shall be established in accordance with Articles 5, 6 and 7 and Chapter III. The empowerment to adopt ecodesign requirements includes the power to establish that no performance requirements, no information requirements or neither performance nor information requirements are necessary for certain specified product parameters referred to in Annex I.
Amendment 487 #
Proposal for a regulation
Article 4 – paragraph 3 – point c a (new)
Article 4 – paragraph 3 – point c a (new)
(ca) requiring products placed on the market to be able to replace the operating system without artificial restrictions, limitations or obstacles by services and users with an operating system of a third- party, including free and open-source software;
Amendment 543 #
Proposal for a regulation
Article 5 – paragraph 2 – subparagraph 2
Article 5 – paragraph 2 – subparagraph 2
However, where two or more product groups display technical similarities allowing a product aspect referred to in paragraph 1 to be improved based on a common requirement, ecodesign requirements may be established horizontally for thosepriority will be given to establish horizontal ecodesign requirements for those product groups. This does not preclude more detailed product requirements for each product groups separately.
Amendment 545 #
Proposal for a regulation
Article 5 – paragraph 2 – subparagraph 3
Article 5 – paragraph 2 – subparagraph 3
A horizontal ecodesign requirement established pursuant to the second subparagraph may cover products falling in the scope of an existing self-regulation measure established as a valid alternative pursuant to Article 18(3), where the Commission considers that that self-regulation measure does not address the product aspect covered by that horizontal ecodesign requirement.
Amendment 547 #
Proposal for a regulation
Article 5 – paragraph 3 – introductory part
Article 5 – paragraph 3 – introductory part
3. Ecodesign requirements shall, as appropriate, include:
Amendment 554 #
Proposal for a regulation
Article 5 – paragraph 4 – point a – point i
Article 5 – paragraph 4 – point a – point i
(i) Union climate,objectives and in the fields of: – climate, including the objective to achieve climate neutrality at the latest by 2050; – environmental and biodiversity; – energy efficiency priorities and other related Union prioritie; – resource efficiency and security, and in particular the objective to significantly reduce the overall environmental and material footprints, including embodied emissions in materials, so as to bring them within planetary boundaries by 2050 at the latest; and – other related objectives of the European Union and of obligations pursuant to international agreements;
Amendment 577 #
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) applying the following hierarchy as a priority order: i) reduction; ii) reuse; (iii) repair; (iv) refurbishment; (v) remanufacturing and (vi) recycling;
Amendment 583 #
Proposal for a regulation
Article 5 – paragraph 4 – point b
Article 5 – paragraph 4 – point b
Amendment 599 #
Proposal for a regulation
Article 5 – paragraph 5 – point d
Article 5 – paragraph 5 – point d
Amendment 628 #
Proposal for a regulation
Article 5 a (new)
Article 5 a (new)
Article 5a Specific ecodesign requirements on durability and reparability of products When preparing requirements on durability pursuant to article 5 (1), it shall be prohibited to limit the functionality of a product through the design of a specific feature, the use of consumables, spare parts or accessories not provided by the original manufacturer or software updates. When preparing requirements on reparability pursuant to article 5 (1), it shall be prohibited to restrict reparability by impeding disassembly of key components or limiting access to repair information and spare parts exclusively to authorized repairers. To comply with the requirements in paragraph 1 and 2 of this article, manufactures shall make spare parts available to professional repairers, refurbishers and end-users for a minimum period of time, provide access to repair and maintenance information as well as information on the availability and price of spare parts, provide software updates where applicable for the duration of its expected lifetime.
Amendment 630 #
Proposal for a regulation
Article 6 – paragraph 2 – introductory part
Article 6 – paragraph 2 – introductory part
2. Performance requirements referred to in paragraph 1 shall be based on the product parameters referred to in Annex I and take into account the elements and objectives mentioned in article 5 (4) and shall, as appropriate, include:
Amendment 636 #
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
Amendment 640 #
Proposal for a regulation
Article 6 – paragraph 3 a (new)
Article 6 – paragraph 3 a (new)
3a. Performance requirements based on the product parameter set out in Annex I, point (f) shall ensure that products do not contain substances of concern, unless their elimination or substitution via design changes or materials and components which do not require any substances of concern is scientifically or technically impracticable;
Amendment 641 #
Proposal for a regulation
Article 6 – paragraph 4
Article 6 – paragraph 4
4. When establishing performance requirements, the Commission shall follow the procedure set out in Annex II. The level of performance shall be set through several tiers, with the first tier corresponding to the minimum performance to be fulfilled. The multiple tiers shall be set according to a top performer approach, where the level of performances defined for each tier shall be gradually increased to the level of the best performing products and best available technologies.
Amendment 652 #
Proposal for a regulation
Article 7 – paragraph 2 – point b – paragraph 1 – point ii a (new)
Article 7 – paragraph 2 – point b – paragraph 1 – point ii a (new)
(iia) information for consumers and other end-users on how to install third- party operating systems, including free and open-source software, in order to facilitate reusability, upgradability and reparability of electronical devices as required in Article 5(1);
Amendment 716 #
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 740 #
Proposal for a regulation
Article 7 – paragraph 7 a (new)
Article 7 – paragraph 7 a (new)
7a. Manufacturers shall ensure, that a product covered by a delegated act adopted pursuant to Article 4 is accompanied by instructions that enable consumers and other end-users to safely install, develop and maintain third-party operating systems, including free and open-source software, in a language that can be easily understood by consumers and other end-users, as determined by the Member State concerned. Such instructions shall be clear, understandable and legible and include at least the information specified in the delegated acts adopted pursuant to Article 4 and pursuant to Article 7(2)(b), point (ii).
Amendment 744 #
Proposal for a regulation
Article 7 a (new)
Article 7 a (new)
Amendment 745 #
Proposal for a regulation
Article 7 b (new)
Article 7 b (new)
Article 7b Durability index 1. Information on product parameters referred to in point (a) of Annex I shall be displayed to consumers in a clear and visible way at the time of purchase pursuant to the requirements under Article 14 of this Regulation and shall enable consumers to compare easily the characteristics of products with regard to their durability. 2. By [2 years after entry into force], the Commission shall adopt a delegated act specifying the methodology and calculation methods to deploy a durability index and the classes of performance to be displayed. The delegated act shall also specify the product categories to which it will apply. 3. In addition to the requirements of paragraph 1 of this Article, distributors and dealers, as applicable, shall provide consumers with clear and easy-to- understand information at the time of purchase on the guaranteed lifetime of a product. This label shall include as a minimum the information of the length of the legal guarantee of conformity and its voluntary extension by the manufacturer
Amendment 746 #
Proposal for a regulation
Article 7 c (new)
Article 7 c (new)
Article 7c Label on ecodesign features of digital services For digital services not incorporated or interconnected with a tangible movable item and regulated under a product- related delegated act, the Commission shall establish ecodesign criteria and methodology to distinguish providers engaging in ambitious ecodesign aspects of their digital services, such as on energy and resource efficiency as well as carbon and environmental footprints. Such label shall enable consumers, enterprises and public authorities to choose digital services with a view to sustainability and resources consumptions reduction.
Amendment 760 #
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, independent operators, repairers, remanufacturers, recyclers, competent national authorities, public interest organisations and the Commission, or any organisation acting on their behalf;
Amendment 767 #
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, independent operators, repairers, maintenance professionals, remanufacturers, recyclers, competent national authorities, and the Commission, or any organisation acting on their behalf;
Amendment 772 #
Proposal for a regulation
Article 8 – paragraph 2 – point h
Article 8 – paragraph 2 – point h
(h) the period for which the product passport shall remain available by specifying the minimum period of time during which the actors of the value chain storing the data shall guarantee continuous availability of those data.
Amendment 802 #
Proposal for a regulation
Article 8 – paragraph 3 a (new)
Article 8 – paragraph 3 a (new)
3a. Product information specified in annex III is made available to the public, unless there are reasonable grounds to limit access, as laid down in delegated acts pursuant to Article 4.
Amendment 815 #
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, and shall be transferable through an open interoperable data exchange network without vendor lock-in in accordance with the essential requirements set out in Article 10;
Amendment 846 #
Proposal for a regulation
Article 10 – paragraph 1 – point c
Article 10 – paragraph 1 – point c
(c) the data included in the product passport shall be stored the economic operator responsible for its creation or by operators authorised to act on their behalf;. The operator storing the data shall guarantee its continuous availability for a minimum period of time after the last unit has been placed on the market to be specified by the delegated act adopted pursuant to Article 8(2).
Amendment 880 #
Proposal for a regulation
Article 16 – paragraph 1 – point a – point i
Article 16 – paragraph 1 – point a – point i
(i) the absence or insufficiency of Union law or failure of market forces or self-regulation measures adopted in accordance with Article 18 to address the objective properly; and
Amendment 882 #
Proposal for a regulation
Article 16 – paragraph 1 – point c
Article 16 – paragraph 1 – point c
(c) the distribution of the environmental impacts, energy use, resource use and waste generation across the value chain, in particular whether they take place withinboth within the Union and outside of the Union;
Amendment 896 #
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, economic actors with regard to second-hand products, waste treatment operators, environmental protection groups and consumer organisations. These parties shall contribute in particular to preparing ecodesign requirements, examining the effectiveness of the established market surveillance mechanisms and assessing self-regulation measures.
Amendment 952 #
Proposal for a regulation
Article 20 – title
Article 20 – title
Destruction of unsold consumer productsproducts (Horizontal amendment - this amendment applies throughout the text)
Amendment 993 #
Proposal for a regulation
Article 20 – paragraph 3 – subparagraph 1
Article 20 – paragraph 3 – subparagraph 1
Amendment 1001 #
Proposal for a regulation
Article 20 – paragraph 3 – subparagraph 2 – point b
Article 20 – paragraph 3 – subparagraph 2 – point b
(b) unrepairable damage to products as a result of their handling or detected after a product has been returned by a consumer;
Amendment 1002 #
Proposal for a regulation
Article 20 a (new)
Article 20 a (new)
Article 20 a Prohibition of the destruction of unsold goods 1. One year after the entry into force of this Regulation, the destruction of unsold products by economic operators shall be prohibited, including after export ouside the EU, for the following product categories: (a) textiles and footwear; (b) electrical and electronic appliances. 2. The Commission shall be empowered to adopt delegated acts in accordance with Article 66 to supplement this Regulation to set out certain exemptions from the prohibitions referred to in paragraph 1 where it is appropriate taking into account the following: (a) health and safety concerns; (b) refusal of products for donation, preparing for re-use or remanufacturing; or (c) counterfeit products. 3. Where unsold products are destroyed under an exemption referred to in paragraph 2, the responsible economic operator shall disclose on a freely accessible website or otherwise make publicly available: (a) the number of unsold products destroyed; (b) the reasons for their destruction, referring to the applicable exemption; (c) the delivery of the products destroyed to recycling, energy recovery and disposal operations in accordance with the waste hierarchy as defined by Article 4 of Directive 2008/98/EC. The details and format for the disclosure of information provided in the implementing act adopted pursuant to Article 20( 2) shall apply to the information to be disclosed pursuant to this paragraph. 4. This Article shall not apply to small enterprises or microenterprises. Nevertheless, the Commission shall be empowered to adopt delegated acts in accordance with Article 66 to supplement this Regulation which prohibits microenterprises and small enterprises destroying the unsold products referred to in paragraph1 where there is sufficient evidence that such action may be used to circumvent the prohibition referred to in paragraph 1.
Amendment 1066 #
Proposal for a regulation
Article 58 – paragraph 1
Article 58 – paragraph 1
1. Requirements pursuant to Article 4, third subparagraph, point (h) for public contracts awarded by contracting authorities, as defined in Article 2(1) of Directive 2014/24/EU or Article 3(1) of Directive 2014/25/EU, or contracting entities, as defined in Article 4(1) of Directive 2014/25/EU, mayshall take the form of mandatory technical specifications, selection criteria, award criteria, contract performance clauses, or targets, as appropriate.
Amendment 1070 #
Proposal for a regulation
Article 58 – paragraph 2 – point c
Article 58 – paragraph 2 – point c
Amendment 1079 #
Proposal for a regulation
Article 68 – paragraph 1 a (new)
Article 68 – paragraph 1 a (new)
1a. When determining the type and level of penalties to be imposed in case of infringements, the competent authorities of the Member States shall give due regard to the following criteria: (a) the nature, gravity and duration of the infringement; (b) where appropriate, the intentional or negligent character of the infringement; (c) the financial strength of the natural or legal person held responsible, as indicated for example by the total turnover of the legal person held responsible or the annual income of the natural person held responsible; (d) the economic benefits derived from the infringement by the natural or legal person held responsible, insofar as they can be determined; (e) the damage to human health or the environment caused by the infringement, insofar as it can be determined; (f) any action taken by the natural or legal person held responsible to mitigate or remedy the damage caused; (g) the level of cooperation of the natural or legal person held responsible with the competent authority; (h) previous infringements by the natural or legal person held responsible; (i) any action aiming to circumvent or obstruct administrative controls and (j) any other aggravating or mitigating factor applicable to the circumstances of the case. The Member States shall at least be able to impose the following penalties in case of infringements of this Regulation: (a) fines; (b) confiscation of revenues gained by the natural or legal person from a transaction related to the infringement; (c) exclusion from public procurement procedures.
Amendment 1080 #
Proposal for a regulation
Article 68 a (new)
Article 68 a (new)
Amendment 1086 #
Proposal for a regulation
Article 69 – paragraph 1
Article 69 – paragraph 1
No soonlater than [87 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.
Amendment 1107 #
Proposal for a regulation
Annex I – paragraph 1 – point f
Annex I – paragraph 1 – point f
(f) use of substances, and in particular the use of substances of concern, on their own, as constituents of substances or in mixtures, during the production process of products, or leading to their presence in products, including once these products become waste;
Amendment 1114 #
Proposal for a regulation
Annex I – paragraph 1 – point m a (new)
Annex I – paragraph 1 – point m a (new)
(ma) the material footprint of the product;
Amendment 1122 #
Proposal for a regulation
Annex II – paragraph 1 – introductory part
Annex II – paragraph 1 – introductory part
Performance requirements shall contribute directly to achieving the objectives mentioned in article 5 (4), take into account the results of the relevant impact assessment, and be set as follows:
Amendment 1123 #
Proposal for a regulation
Annex II – paragraph 1 – point 1 – paragraph 2
Annex II – paragraph 1 – point 1 – paragraph 2
The technical, environmental and economic analysis shall also identify, for the parameter under consideration, the best-performing products and technologies available on the market. In addition, the analysis shall take into account forecasted technology improvements and behavioural changes in the use of products.
Amendment 1124 #
Proposal for a regulation
Annex II – paragraph 1 – point 1 – paragraph 3 a (new)
Annex II – paragraph 1 – point 1 – paragraph 3 a (new)
The analysis shall take into account existing roadmaps with performance milestones to achieve EU environment and climate objectives. Where the environmental or climate impact of the product in one or more parameters is particularly important and a roadmap has not yet been developed, the analysis shall develop a roadmap with performance milestones that allow for the achievemement of relevant EU environment objectives and staying within planetary boundaries by 2050.
Amendment 1125 #
Proposal for a regulation
Annex II – paragraph 1 – point 1 – paragraph 4
Annex II – paragraph 1 – point 1 – paragraph 4
Based on this analysis, and taking into account economic and technical feasibility, including the availability of key resources and technologies and planetary boundaries, as well as the potential for improvement, levels or non-quantitative requirements shall be defined.
Amendment 1128 #
Proposal for a regulation
Annex II – paragraph 1 – point 1 – paragraph 7 a (new)
Annex II – paragraph 1 – point 1 – paragraph 7 a (new)
To ensure the minimum levels are in line with the environmental objectives of the EU, they shall be reviewed and updated every 6 years, or earlier if deemed necessary by the Commission.
Amendment 1135 #
Proposal for a regulation
Annex VII
Annex VII