BETA

45 Amendments of Pascal CANFIN related to 2022/0095(COD)

Proposal for a regulation
Recital 3

(3) The European Industrial Strategy27 sets out the Union’s overarching ambition to foster a ‘twin transition’ to climate neutrality and digital leadership. It echoes the European Green Deal in pointing to the leading role that Europe’s industry must play in this, by reducing its carbon and material footprint and embedding circularity across the economy, and underlines the need to move away from traditional models, and revolutionise the way we design, make, use and dispose of products. The 2021 Update to the Industrial Strategy28 reinforces the main messages of the 2020 Strategy and focuses on the lessons from the COVID-19 crisis, including the need to foster resilience. This regulation offers a unique opportunity to reduce the material footprint of products that are used on a daily basis by European citizens. __________________ 27 Communication from the Commission to the European Parliament, the European Council, the Council, the European Economic and Social Committee and the Committee of the Regions A New Industrial Strategy for Europe COM(2020)102 final. 28 Communication from the Commission to the European Parliament, the European Council, the Council, the European Economic and Social Committee and the Committee of the Regions Updating the 2020 New Industrial Strategy: Building a stronger Single Market for Europe’s recovery COM(2021)350 final

2023/01/18
Committee: ENVI

Proposal for a regulation
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, new or second-hand components, for example the ones that were originally designed or manufactured 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).

2023/01/18
Committee: ENVI

Proposal for a regulation
Recital 13

(13) In order to improve the environmental sustainability of products and to ensure the free movement of products in the internal market, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission to supplement this Regulation by setting out ecodesign requirements. Those ecodesign requirements should in principle apply to specific product groups, such as washing machines or washing machines and washer dryers. In order to maximise the effectiveness of ecodesign requirements and to efficiently improve environmental sustainability of products, it should also be possible to set out one or more horizontal ecodesign requirements for a wider range of products groups, such as electronic appliances or textiles. Horizontal ecodesign requirements should be established where the technical similarities of product groups allow their environmental sustainability to be improved based on the same requirements. Overall horizontal requirements should also be developed with regard to specific product aspects durability and repairability to ensure that such requirements apply across all new products and be implemented in delegated acts.

2023/01/18
Committee: ENVI

Proposal for a regulation
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, refurbishers 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.

2023/01/18
Committee: ENVI

Proposal for a regulation
Recital 57 a (new)

(57a) Second-hand economic operators have no control over the original design of the product, nor do they have access to the product information, such as technical documentation, covered by the delegated acts adopted pursuant to this Regulation. Second-hand economic operators should be responsible for the product's compliance with information requirements only when the information has been made publicly available to them by a prior economic operator in the chain. Second-hand economic operators cannot be held responsible for the original product's compliance with performance requirements after it has been repaired, refurbished or has undergone normal maintenance before being made available again on the market. If a second-hand economic operator replaces a component, consumable or spare part of a second- hand product with a new component, consumable or spare part, it should be liable for the compliance of that specific component, consumable or spare part, with ecodesign requirements under this regulation and subsequent delegated acts.

2023/01/18
Committee: ENVI

Proposal for a regulation
Article 1 – paragraph 1 – subparagraph 1 – point c a (new)

(ca) products' planned obsolescence;

2023/01/18
Committee: ENVI

Proposal for a regulation
Article 1 – paragraph 1 – subparagraph 1 – point g

(g) product remanufacturing and recycling, including their components;

2023/01/18
Committee: ENVI

Catherine CHABAUD, Pascal CANFIN, Nicolae ŞTEFĂNUȚĂ, Max ORVILLE

Proposal for a regulation
Article 1 – paragraph 1 – subparagraph 1 – point i a (new)

(ia) product packaging's durability.

2023/01/18
Committee: ENVI

Proposal for a regulation
Article 2 – paragraph 1 – point 17

(17) ‘upgrading’ means enhancing the functionality, performance, or capacity ~~or aesthetics~~ of a product;

2023/01/18
Committee: ENVI

Proposal for a regulation
Article 2 – paragraph 1 – point 18

(18) ‘'refurbishment’ means ~~preparing or modifying~~testing, 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 the result of making a fully functional~~ before making it available on the market. Refurbishment may also include improving the aesthetics of the product;

2023/01/18
Committee: ENVI

Proposal for a regulation
Article 2 – paragraph 1 – point 18 a (new)

(18a) ‘software update’ means either a conformity update or a functionality update;

2023/01/18
Committee: ENVI

Proposal for a regulation
Article 2 – paragraph 1 – point 18 b (new)

(18b) 'conformity update’ means an operating system update, including security patches or bugs fixes, if relevant for a given device, whose purpose is to keep the good in conformity, by providing enhanced security or corrective measures for the device;

2023/01/18
Committee: ENVI

Proposal for a regulation
Article 2 – paragraph 1 – point 18 c (new)

(18c) ‘functionality update’ means an operating system update that is not necessary to keep the device in conformity and whose purpose is to improve current functionalities and/or implement new functionalities;

2023/01/18
Committee: ENVI

Proposal for a regulation
Article 2 – paragraph 1 – point 46 a (new)

(46a) 'Second-hand economic operator’ means any economic operator or undertaking who makes available on the market second-hand products or components, whether prepared for reuse, checked, cleaned, repaired, refurbished or without any action on the product;

2023/01/18
Committee: ENVI

Proposal for a regulation
Article 2 – paragraph 1 – point 55

(55) ‘online marketplace’ means a provider of a~~n intermediary~~ service using software, including a website, part of a website or an application, ~~that~~operated by or on behalf of a trader which allows c~~usto~~onsumers to conclude distance contracts with ~~economic operators for the sale of products covered by delegated acts adopted pursuant to Article 4~~other traders or consumers;

2023/01/18
Committee: ENVI

Proposal for a regulation
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 repair, maintenance or repurposing of the product, and includes waste management operators, 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;

2023/01/18
Committee: ENVI

Proposal for a regulation
Article 2 – paragraph 1 – point 59 b (new)

(59b) "planned obsolescence" means designing a product with a feature which deliberately limits its foreseeable lifetime.

2023/01/18
Committee: ENVI

Proposal for a regulation
Article 5 – paragraph 1 – point c a (new)

(ca) the absence of planned obsolescence practices;

2023/01/18
Committee: ENVI

Proposal for a regulation
Article 5 – paragraph 1 – point n

(n) expected generation and prevention of waste materials.

2023/01/18
Committee: ENVI

Catherine CHABAUD, Pascal CANFIN, Nicolae ŞTEFĂNUȚĂ, Max ORVILLE

Proposal for a regulation
Article 5 – paragraph 1 – point n a (new)

(na) Product packaging's durability

2023/01/18
Committee: ENVI

Proposal for a regulation
Article 5 – paragraph 4 – point a – point i

(i) Union climate, environmental and energy efficiency priorities and other related Union priorities;, notably the objective to achieve climate neutrality by 2050 and to reduce our overall material and consumption footprint.

2023/01/18
Committee: ENVI

Proposal for a regulation
Article 5 – paragraph 4 – point b

(b) carry out an impact assessment to establish the minimum level of performance a product or product group expected to be met in 2050 to be aligned with the Union’s environmental objectives based on best available evidence and analyses, and as appropriate on additional studies and research results produced under European funding programmes. In doing so, the Commission shall ensure that the depth of analysis of the product aspects listed in paragraph 1 is proportionate to their significance. The impact assessment shall where appropriate also be used to set GPP criteria and Ecolabel criteria, as well as other economic incentives criteria, notably a potential modulation of EPR fees, in order to enhance consistency between the different product policy instruments and to prevent the multiplication of methodologies to be mobilised to comply with those various instruments. The establishment of ecodesign requirements on the most significant aspects of a product among those listed in paragraph 1 shall not be unduly delayed by uncertainties regarding the possibility to establish ecodesign requirements to improve other aspects of that product;

2023/01/18
Committee: ENVI

Proposal for a regulation
Article 5 a (new)

Article 5a Specific ecodesign requirements on durability and repairability of products 1. Pursuant to Article 5(1), first subparagraph, with regard to ecodesign requirements for durability of products falling under the scope of this Regulation, the following practices aimed at shortening a product’s lifespan by downgrading or limiting its functionality shall be prohibited : (a) Downgrading or limiting the repairability or the functionality of a product when using consumables, spare parts or accessories that are not provided by the original manufacturer; (b) Downgrading or limiting the repairability or the functionality of a product when using consumable or spare parts and its services through the use of software during maintenance or repair (c) Downgrading or limiting the repairability or the functionality of the relevant product through the design of specific feature; (d) Providing conformity software updates, that will downgrade or limit the functionality of the products ; (e) Not decoupling the provision of security and functionality updates; 2. Pursuant to Article 5(1), with regard to ecodesign requirements for repairability of products falling under the scope of this Regulation, restricting the repairability, including by software techniques, or by impeding the disassembly of its key components or parts, or allowing access to repair and maintenance information and spare parts exclusively to authorised repairers or authorised refurbishers shall be prohibited. 3. In order to comply with the general requirements referred to in Paragraph 1 and 2 of this Article, manufacturers and importers shall fulfil the following obligations: (a) Make spare parts available to professional repairers, refurbishers and end-users for a minimum period of time after the last unit has been placed on the market. This minimum period shall be further defined in the delegated acts adopted pursuant to Article 4; (b) Provide access to repair and maintenance information, including access to diagnostic tools, to professional repairer, refurbishers and end-users; (c) Provide information on the availability and price of spare parts to relevant economic operators, including professional repairers, refurbishers and end-users; (d) For products with digital elements, provide software updates, including all conformity updates, for the period of time that corresponds to consumers' expectations in accordance with Article 7 of Directive 2019/771. Conformity and functionality updates shall be provided separately. This minimum period shall be further defined in the delegated acts adopted pursuant to Article 4. (e) For products with digital elements, the user shall have the option to de-install a functionality update and to re-install the version running on the device prior to the update, unless the device performance remains at least the same when performing the same functions after the update; (f) Ensure that the user has the option to securely delete data from any data storage device.

2023/01/18
Committee: ENVI

Catherine CHABAUD, Pascal CANFIN, Nicolae ŞTEFĂNUȚĂ, Max ORVILLE

Proposal for a regulation
Article 7 – paragraph 2 – point b – paragraph 1 – point iii a (new)

(iiia) Information on the durability of product packaging, to provide information on the entire value chain from manufacturers to recyclers, while providing consumers with information on the environmental impact of packaging, its material and its use.

2023/01/18
Committee: ENVI

Proposal for a regulation
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, re~~manufacturers, recycle~~furbishers, including independent operators, competent national authorities, public interest organisations and the Commission, or any organisation acting on their behalf;

2023/01/18
Committee: ENVI

Proposal for a regulation
Article 8 – paragraph 2 – point g

(g) the actors that ~~may~~shall introduce or update the information in the product passport, whenever relevant, including where needed the creation of a new product passport, that shall be linked to the product passport or passports of the original product and what information they may introduce or update, including manufacturers, repairers, ~~maintenance professionals, remanufacturers, recycle~~refurbishers, including independent operators, competent national authorities, and the Commission, or any organisation acting on their behalf, avoiding duplication of information and reporting;

2023/01/18
Committee: ENVI

Proposal for a regulation
Article 8 – paragraph 4 a (new)

4a. Actors may include in the Digital Product Passport additional information on a voluntary basis that are going beyond the information requirements as set out in Article 7.

2023/01/18
Committee: ENVI

Proposal for a regulation
Article 10 – paragraph 1 – point h a (new)

(ha) the product passport shall be designed to ensure user-friendliness and cost effectiveness;

2023/01/18
Committee: ENVI

Proposal for a regulation
Article 10 – paragraph 1 – point h b (new)

(hb) the product passport shall be designed to ensure that consumers are able to easily identify the best performing product for each product group and to compare model characteristics and to choose the most sustainable option.

2023/01/18
Committee: ENVI

Proposal for a regulation
Article 16 – paragraph 2 – subparagraph 2 a (new)

For the period 2024-2027, the Commission shall consider prioritising the following product groups in the first working plan. If any of the product groups is not included in the working plan, the Commission shall provide a justification for its decision: – iron, steel – cement – aluminium – textiles, notably garments and footwear – furniture, including mattresses – tyres – detergents – paints – lubricants – chemicals – energy related products, whose implementing measures need to be revised or newly defined – ICT products and other electronics.

2023/01/18
Committee: ENVI

Proposal for a regulation
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, economic actors of the second-hand industry, including repairers, refurbishers, remanufacturers, and recyclers, trade unions, traders, retailers, importers, 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.

2023/01/18
Committee: ENVI

Proposal for a regulation
Article 20 – paragraph 1 – subparagraph 1 – introductory part

An economic operator that discards unsold ~~consumer~~ products directly, or on behalf of another economic operator, shall disclose:

2023/01/18
Committee: ENVI

Proposal for a regulation
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;

2023/01/18
Committee: ENVI

Proposal for a regulation
Article 20 – paragraph 1 – subparagraph 2

The economic operator shall disclose that information on a freely accessible website or otherwise make it publicly available~~, until a delegated act adopted pursuant to paragraph 3 starts applying to the category of unsold consumer products discarded by the operator in question~~.

2023/01/18
Committee: ENVI

Proposal for a regulation
Article 20 a (new)

Article 20 a 1. One year after the entry into force of this Regulation, the destruction of unsold consumer products by economic operators shall be prohibited for the following product categories: (a) essential goods; (b) hygiene products; (c) childcare products; (d) textiles, including footwear; (e) 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 consumer 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 consumer 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 to prohibit microenterprises and small enterprises destroying the unsold consumer 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.

2023/01/23
Committee: ENVI

Proposal for a regulation
Article 25 a (new)

Article 25 a 1.Where relevant, and when making a second-hand product covered by a delegated act adopted pursuant to Article 4 available on the market, second-hand economic operators shall act with due care in relation to second-hand products’ specific requirements set out in that act, and only if such requirements are specific to second-hand products and adapted to their characteristics. 2.Before making a second-hand product covered by a delegated act adopted pursuant to Article 4 available on the market, second-hand economic operators shall verify that: (a) the second-hand product, where relevant, is labelled or is linked to a product passport laid down in the delegated acts adopted pursuant to this Regulation, and only if such elements are publicly available or have been made available to the second-hand economic operator by the prior economic operator responsible for the product. (b) the second-hand product, where relevant, is accompanied with the required documents and with instructions, only if such elements are publicly available or have been made available to the second-hand economic operator by the prior economic operator responsible for the product 3. Second-hand economic operators shall ensure that, while a second-hand product is under their responsibility, storage or transport conditions do not jeopardise its compliance with requirements set out in the delegated act adopted pursuant to Article 4, where applicable to second- hand products. 4. Where second-hand economic operators replace a component of a second-hand product with another new component they shall ensure that the component is in compliance with the ecodesign requirements under this Regulation or set out in the delegated act adopted pursuant to Article 4. Second-hand economic operators who consider or have reason to believe that the new component they used in the second- hand product which they have made available on the market is not in conformity with the requirements set out in a delegated act adopted pursuant to Article 4 shall make sure that the corrective measures necessary to bring that product into conformity, to withdraw it or recall it, if appropriate, are taken. 5. Second-hand economic operators shall, further to a reasoned request from a competent national authority, provide the authority with all the information and documentation to which they have access and that is relevant for demonstrating the conformity of the new component they used. That information and documentation shall be provided in either paper or electronic form. Second-hand economic operators shall cooperate with that authority on any corrective action taken to remedy any case of non-compliance of any new component they used with a delegated act adopted pursuant to Article 4 by which the product in question is covered.

2023/01/23
Committee: ENVI

Proposal for a regulation
Article 28 – paragraph 1 – point 1 a (new)

(1a) This Article shall not apply to second-hand economic operators, including refurbishers.

2023/01/23
Committee: ENVI

Proposal for a regulation
Article 29 – paragraph 1 – point e a (new)

(ea) If no manufacturer or importer is established in the Union, online marketplaces shall by default assume the same responsibilities as an importer.

2023/01/23
Committee: ENVI

Proposal for a regulation
Article 29 a (new)

Article 29 a Responsibilities of online marketplaces Obligations regarding the design of the online interfaces 1. Online marketplaces shall ensure the identification of the traders and the traceability of the products displayed to consumers via their online interfaces. 2. Online marketplaces shall design and organise their online interfaces in such a way that they enable the online marketplaces and the traders using them to comply with the requirements set out in this Regulation. 3. Online marketplaces shall ensure that the traders provide the following information for each product sold on the online interface and verify that such information is reliable, complete and up- to-date on a regular basis: (a) the name, registered trade name or/and the registered trademark of the manufacturer, as well as the postal or electronic address at which the manufacturer can be contacted; (b) Where the manufacturer is not established in the Union, the name, address, telephone number and electronic address of the authorised representative; (c) The information necessary to identify the product, including its type and batch or serial number as well as any other product identifier; (d) Any information requirement that shall be affixed on the product or to accompany it in accordance with this Regulation, applicable Union harmonisation legislation and relevant technical standards. The information listed under this paragraph shall be displayed on the digital product listing in a way and a language that is easily accessible and understandable for all consumers. Obligations to perform checks and inspections 4. Without prejudice to the prohibition to conduct general monitoring as established under the [Digital Services Act], online marketplaces shall conduct regular and random identity checks and proceed to the verification of the information provided by the traders using their online interfaces before the products are advertised, promoted, or put into circulation. 5. Online marketplaces shall periodically carry out visual inspections and sample testing of randomly chosen products considering previous reports, databases, reviews, and potential problems of compliance with the requirements set out in this Regulation and its delegated acts. Obligations to de-list and signal the uncompliant traders 6. Online marketplaces shall immediately suspend from their online interfaces the traders providing incomplete or incorrect information and the traders failing to comply with the rules laid down in this Regulation. 7. Online marketplaces shall report those traders to Member State competent authorities and to the European Commission. Obligation to cooperate with competent authorities 8. Online marketplaces shall cooperate with market surveillance authorities and other authorities in charge of consumer protection, relevant economic operators, consumer and other civil society organisations to facilitate any action taken to remove uncompliant products that are or have been shown on their online interfaces. That cooperation shall include in particular: (a) Cooperating to ensure effective product recalls, including carrying out recalls directly and offering remedies to consumers if the responsible economic operator fails to take adequate and timely action; (b) Informing the competent authorities of any action taken on a regular and timely basis; (c) Cooperating with law enforcement agencies at national and Union level, including the European Anti-Fraud Office, through regular and structured exchange of information on offers that have been removed on the basis of this Article by online marketplaces; (d) Providing competent authorities access to relevant trader and product data and their interfaces to deploy online tools to identify and remove uncompliant products; (e) Upon request of the competent authorities or any other authorities, where online marketplaces or traders operating on their online interfaces have set up technical obstacles to the extraction of data from their online interfaces (such as data scraping), allowing to scrape such data for compliance purposes based on the identification parameters provided by the requesting market surveillance and other competent authorities. 9. Online marketplaces shall establish a Single Point of Contact for the purpose of ensuring swift and direct communication with all competent authorities, including market surveillance authorities and custom authorities. Obligation to comply with orders issued by competent authorities 10. Online marketplaces shall take all the measures that are necessary to comply with the order issued by a Member State market competent authority as referred to in Article 14 of the Market Surveillance Regulation and article […] of the Digital Services Act. 11. The online marketplace shall inform the market surveillance authority of any follow-up actions they will take to prevent the illegal content from reappearing on the online interface. Obligation to communicate with consumers 12. Online marketplaces shall ensure that all consumers have the possibility to communicate with them in an effective, swift and easily accessible way. Obligation to respond to complaints 13. Online marketplaces shall respond without delay respond to complaints submitted by consumers, consumer and other civil society organisations, and other stakeholders for the purpose of applying effective measures for detecting, identifying, removing and disabling access to uncompliant products circulating on their digital interfaces. Sanction and remedies in case of non- compliance 14. Competent authorities shall be entitled to impose deterrent, proportionate and effective sanctions on online marketplaces failing to comply with the obligations laid down in this Article, in accordance with Article 68 of this Regulation.

2023/01/23
Committee: ENVI

Proposal for a regulation
Article 33 – paragraph 4 – subparagraph 2 a (new)

Software or firmware originally included in products shall not worsen product performance over time in relation to any of the product parameters regulated in delegated acts adopted pursuant to Article 4 by which the products are covered or the functional performance from the perspective of the user when measured with the test method used for the conformity assessment.

2023/01/23
Committee: ENVI

Proposal for a regulation
Article 69 – paragraph 1

~~No soon~~1) Monitoring: The Ecodesign Impact Accounting (EIA) mechanism shall be leveraged to collect and analyse relevant product data including data on material footprint and life cycle GHG emissions for all products regulated under the ESPR The Commission shall publish an annual report on the progress of the Regulation against its objectives. The report shall include a summary of the product-level data collected through the EIA. Member States shall provide the Commission with the information necessary for the preparation of that report. 2) Evaluation: No later than [86 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. Where the Commission finds it appropriate, the report shall be accompanied by a legislative proposal for amendment of the relevant provisions of this Regulation.

2023/01/23
Committee: ENVI

Proposal for a regulation
Article 69 a (new)

Article 69 a Remedies for lack of compliance 1. In the event of non-compliance of a product with Ecodesign requirements, the product shall be considered to be in nonconformity with the sales contract, in the meaning of the Article 5 of the Directive (EU) 2019/771, and shall give consumers the right to a remedy under the conditions set out in Article 13 of this Directive, independently of the expiry of the time limits as defined by Article 10 of this Directive. 2. Marketing or offering on sale of a product which is non-compliant with Ecodesign requirements shall be considered an unfair commercial practice in accordance with Article 5 of Directive 2005/29/EC and therefore give consumers the right to a remedy under Article 11a of this Directive.

2023/01/23
Committee: ENVI

Proposal for a regulation
Annex I – paragraph 1 – point d

(d) ease and quality of recycling as expressed through: use of easily recyclable materials, 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; Where relevant, the product requirements shall ensure that components used to manufacture the product are reusable and or recyclable and that the conception phase of the product does not lead to a product that is non recyclable and or non reusable and or non reparable.

2023/01/23
Committee: ENVI

Proposal for a regulation
Annex II – paragraph 1 – point 1 – paragraph 6 – subparagraph 1 (new)

Where relevant, the product performance requirements shall ensure that components used to manufacture the product are reusable and or recyclable and that the conception phase of the product does not lead to a product that is non recyclable and or non reusable and or non reparable.

2023/01/23
Committee: ENVI

Proposal for a regulation
Annex VII – paragraph 2

Self-regulation measures must be open to the participation of any operators placing on the market a product covered by the self-regulation measure, including third country operators, and also any operators acting in product’s lifespan, such as second-hand economic operators, both in the preparatory and in the implementation phases. Economic operators intending to establish a self-regulation measure should make a public announcement of their intention to do so before the process of developing the measure is started.

2023/01/23
Committee: ENVI