This document is an excerpt from the EUR-Lex website
Document 52023AP0272
P9_TA(2023)0272 – Ecodesign Regulation – Amendments adopted by the European Parliament on 12 July 2023 on the proposal for a regulation of the European Parliament and of the Council establishing a framework for setting eco-design requirements for sustainable products and repealing Directive 2009/125/EC (COM(2022)0142 – C9-0132/2022 – 2022/0095(COD)) (Ordinary legislative procedure: first reading)
P9_TA(2023)0272 – Ecodesign Regulation – Amendments adopted by the European Parliament on 12 July 2023 on the proposal for a regulation of the European Parliament and of the Council establishing a framework for setting eco-design requirements for sustainable products and repealing Directive 2009/125/EC (COM(2022)0142 – C9-0132/2022 – 2022/0095(COD)) (Ordinary legislative procedure: first reading)
P9_TA(2023)0272 – Ecodesign Regulation – Amendments adopted by the European Parliament on 12 July 2023 on the proposal for a regulation of the European Parliament and of the Council establishing a framework for setting eco-design requirements for sustainable products and repealing Directive 2009/125/EC (COM(2022)0142 – C9-0132/2022 – 2022/0095(COD)) (Ordinary legislative procedure: first reading)
OJ C, C/2024/4032, 17.7.2024, ELI: http://data.europa.eu/eli/C/2024/4032/oj (BG, ES, CS, DA, DE, ET, EL, EN, FR, GA, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
Official Journal |
EN C series |
C/2024/4032 |
17.7.2024 |
P9_TA(2023)0272
Ecodesign Regulation
Amendments adopted by the European Parliament on 12 July 2023 on the proposal for a regulation of the European Parliament and of the Council establishing a framework for setting eco-design requirements for sustainable products and repealing Directive 2009/125/EC (COM(2022)0142 – C9-0132/2022 – 2022/0095(COD)) (1)
(Ordinary legislative procedure: first reading)
(C/2024/4032)
Amendment 1
Proposal for a regulation
Recital 1
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Amendment 2
Proposal for a regulation
Recital 2
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Amendment 3
Proposal for a regulation
Recital 3 a (new)
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Amendment 4
Proposal for a regulation
Recital 4
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Amendment 5
Proposal for a regulation
Recital 5
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Amendment 6
Proposal for a regulation
Recital 5 a (new)
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Amendment 7
Proposal for a regulation
Recital 6
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Amendment 8
Proposal for a regulation
Recital 8
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Amendment 9
Proposal for a regulation
Recital 12 a (new)
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Amendment 10
Proposal for a regulation
Recital 13
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Amendment 11
Proposal for a regulation
Recital 14
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Amendment 12
Proposal for a regulation
Recital 15
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Amendment 13
Proposal for a regulation
Recital 17
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Amendment 14
Proposal for a regulation
Recital 19
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Amendment 15
Proposal for a regulation
Recital 20
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Amendment 16
Proposal for a regulation
Recital 22
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Amendment 17
Proposal for a regulation
Recital 23
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Amendment 18
Proposal for a regulation
Recital 24
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Amendment 19
Proposal for a regulation
Recital 26
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Amendment 20
Proposal for a regulation
Recital 27
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Amendment 21
Proposal for a regulation
Recital 28
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Amendment 22
Proposal for a regulation
Recital 29
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Amendment 23
Proposal for a regulation
Recital 33
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Amendment 24
Proposal for a regulation
Recital 35
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Amendment 25
Proposal for a regulation
Recital 39
Text proposed by the Commission |
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Amendment 26
Proposal for a regulation
Recital 41
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Amendment 27
Proposal for a regulation
Recital 42
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Amendment 28
Proposal for a regulation
Recital 42 a (new)
Text proposed by the Commission |
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Amendment 29
Proposal for a regulation
Recital 43
Text proposed by the Commission |
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Amendment 30
Proposal for a regulation
Recital 44
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Amendment 31
Proposal for a regulation
Recital 45
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Amendment 32
Proposal for a regulation
Recital 46
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Amendment 33
Proposal for a regulation
Recital 47
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Amendment 34
Proposal for a regulation
Recital 48
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Amendment 35
Proposal for a regulation
Recital 59
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Amendment 36
Proposal for a regulation
Recital 68
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Amendment 37
Proposal for a regulation
Recital 86
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Amendment 38
Proposal for a regulation
Recital 87
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Amendment 39
Proposal for a regulation
Recital 88
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Amendment 40
Proposal for a regulation
Recital 90
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Amendment 41
Proposal for a regulation
Recital 91
Text proposed by the Commission |
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Amendment 42
Proposal for a regulation
Recital 92
Text proposed by the Commission |
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Amendment 43
Proposal for a regulation
Recital 94
Text proposed by the Commission |
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Amendment 44
Proposal for a regulation
Recital 95
Text proposed by the Commission |
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Amendment 45
Proposal for a regulation
Recital 101
Text proposed by the Commission |
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Amendment 46
Proposal for a regulation
Article 1 – paragraph 1 – subparagraph 1 – introductory part
Text proposed by the Commission |
Amendment |
This Regulation establishes a framework to improve the environmental sustainability of products 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: |
This Regulation establishes a framework to improve the environmental sustainability of products in order to make sustainable products the norm and to reduce their overall environmental footprint over their lifecycle, 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 47
Proposal for a regulation
Article 1 – paragraph 1 – subparagraph 1 – point g
Text proposed by the Commission |
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Amendment 48
Proposal for a regulation
Article 1 – paragraph 1 – subparagraph 1 – point g a (new)
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Amendment 49
Proposal for a regulation
Article 2 – paragraph 1 – point 13
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Amendment 50
Proposal for a regulation
Article 2 – paragraph 1 – point 15
Text proposed by the Commission |
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Amendment 51
Proposal for a regulation
Article 2 – paragraph 1 – point 16
Text proposed by the Commission |
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Amendment 52
Proposal for a regulation
Article 2 – paragraph 1 – point 17
Text proposed by the Commission |
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Amendment 53
Proposal for a regulation
Article 2 – paragraph 1 – point 18
Text proposed by the Commission |
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Amendment 54
Proposal for a regulation
Article 2 – paragraph 1 – point 20 a (new)
Text proposed by the Commission |
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Amendment 55
Proposal for a regulation
Article 2 – paragraph 1 – point 21
Text proposed by the Commission |
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Amendment 56
Proposal for a regulation
Article 2 – paragraph 1 – point 22
Text proposed by the Commission |
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Amendment 57
Proposal for a regulation
Article 2 – paragraph 1 – point 23
Text proposed by the Commission |
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Amendment 58
Proposal for a regulation
Article 2 – paragraph 1 – point 25 a (new)
Text proposed by the Commission |
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Amendment 59
Proposal for a regulation
Article 2 – paragraph 1 – point 28 – point a
Text proposed by the Commission |
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Amendment 60
Proposal for a regulation
Article 2 – paragraph 1 – point 28 – point b – indent 9 a (new)
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Amendment 61
Proposal for a regulation
Article 2 – paragraph 1 – point 28 – point b – indent 9 b (new)
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Amendment 62
Proposal for a regulation
Article 2 – paragraph 1 – point 35
Text proposed by the Commission |
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Amendment 63
Proposal for a regulation
Article 2 – paragraph 1 – point 37
Text proposed by the Commission |
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Amendment 64
Proposal for a regulation
Article 2 – paragraph 1 – point 46 a (new)
Text proposed by the Commission |
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Amendment 65
Proposal for a regulation
Article 2 – paragraph 1 – point 46 b (new)
Text proposed by the Commission |
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Amendment 66
Proposal for a regulation
Article 2 – paragraph 1 – point 55
Text proposed by the Commission |
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Amendment 67
Proposal for a regulation
Article 2 – paragraph 3 a (new)
Text proposed by the Commission |
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The definition of ‘electrical and electronic equipment’ or ‘EEE’ in Article 3, point (1)(a) of Directive 2012/19/EU of the European Parliament and of the Council shall apply (1a) . |
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Amendment 68
Proposal for a regulation
Article 2 – paragraph 4 a (new)
Text proposed by the Commission |
Amendment |
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The definitions of ‘supplier of a substance or a mixture’ and ‘supplier of an article’ in Article 3, points (32) and (33), respectively, of Regulation (EC) 1907/2006 shall apply. |
Amendment 69
Proposal for a regulation
Article 4 – paragraph 1
Text proposed by the Commission |
Amendment |
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. |
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 that in exceptional cases neither performance nor information requirements are necessary for certain specified product parameters referred to in Annex I. |
Amendment 70
Proposal for a regulation
Article 4 – paragraph 1 – subparagraph 1 a (new)
Text proposed by the Commission |
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The empowerment to adopt ecodesign requirements shall include the power to establish that no ecodesign requirements apply for imported second-hand products or product groups, for a limited period of time, where on the basis of the impact assessment conducted under Article 5(4)(b) the Commission concludes that: |
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Amendment 71
Proposal for a regulation
Article 4 – paragraph 2
Text proposed by the Commission |
Amendment |
When establishing ecodesign requirements in delegated acts referred to in the first subparagraph, 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. |
When establishing ecodesign requirements in delegated acts referred to in the first subparagraph, the Commission shall provide economic operators with sufficient time to adjust to the new requirements, particularly taking into consideration the needs of micro enterprises and 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 72
Proposal for a regulation
Article 4 – paragraph 3 – point c a (new)
Text proposed by the Commission |
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Amendment 73
Proposal for a regulation
Article 5 – paragraph 1 – point g
Text proposed by the Commission |
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Amendment 74
Proposal for a regulation
Article 5 – paragraph 1 – point k
Text proposed by the Commission |
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Amendment 75
Proposal for a regulation
Article 5 – paragraph 1 – point k a (new)
Text proposed by the Commission |
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Amendment 76
Proposal for a regulation
Article 5 – paragraph 2 – subparagraph 2
Text proposed by the Commission |
Amendment |
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 those product groups. |
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 those product groups. Those horizontal requirements may be further specified through the establishment of ecodesign requirements for a specific product group covered by a horizontal ecodesign requirement. |
Amendment 77
Proposal for a regulation
Article 5 – paragraph 4 – introductory part
Text proposed by the Commission |
Amendment |
4. When preparing ecodesign requirements, the Commission shall: |
4. When preparing ecodesign requirements, the Commission shall ensure consistency and avoid conflicting requirements with other Union legislation and shall : |
Amendment 78
Proposal for a regulation
Article 5 – paragraph 4 – point a – point i
Text proposed by the Commission |
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Amendment 79
Proposal for a regulation
Article 5 – paragraph 4 – point a – point ii
Text proposed by the Commission |
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Amendment 80
Proposal for a regulation
Article 5 – paragraph 4 – point a – point ii a (new)
Text proposed by the Commission |
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Amendment 81
Proposal for a regulation
Article 5 – paragraph 4 – point a – point v a (new)
Text proposed by the Commission |
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Amendment 82
Proposal for a regulation
Article 5 – paragraph 4 – point b
Text proposed by the Commission |
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Where appropriate, the impact assessment shall also be used to support the setting of criteria on green public procurement, Ecolabel, as well as other economic incentives in order to improve consistency between different policy instruments. |
Amendment 83
Proposal for a regulation
Article 5 – paragraph 4 – point c a (new)
Text proposed by the Commission |
Amendment |
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Amendment 84
Proposal for a regulation
Article 5 – paragraph 4 – point c b (new)
Text proposed by the Commission |
Amendment |
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Amendment 85
Proposal for a regulation
Article 5 – paragraph 5 – point a
Text proposed by the Commission |
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Amendment 86
Proposal for a regulation
Article 5 – paragraph 5 – point c
Text proposed by the Commission |
Amendment |
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Amendment 87
Proposal for a regulation
Article 5 – paragraph 5 – point d
Text proposed by the Commission |
Amendment |
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Amendment 88
Proposal for a regulation
Article 5 – paragraph 5 – point f
Text proposed by the Commission |
Amendment |
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Amendment 89
Proposal for a regulation
Article 5 – paragraph 5 – point f a (new)
Text proposed by the Commission |
Amendment |
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Amendment 90
Proposal for a regulation
Article 5 – paragraph 8
Text proposed by the Commission |
Amendment |
8. The Commission shall publish relevant studies and analyses used in the establishment of ecodesign requirements in accordance with this Regulation. |
8. The Commission shall publish relevant studies and analyses once available, including the impact assessments referred to in paragraph 4, point (b), used in the establishment of ecodesign requirements in accordance with this Regulation. |
Amendment 91
Proposal for a regulation
Article 5 a (new)
Text proposed by the Commission |
Amendment |
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Article 5a |
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Durability and reparability of products |
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1. When setting the ecodesign requirements pursuant to Article 5(1), the Commission shall ensure that manufacturers do not limit the durability of a product making it prematurely obsolete, in particular as a result of the design of a specific feature, the use of consumables, spare parts, or non-provision of software updates or accessories within an appropriate period of time. |
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2. When setting the ecodesign requirements pursuant to Article 5(1), the Commission shall ensure that manufacturers do not limit the reparability of products by impeding the disassembly of key components or limiting access to repair information and spare parts exclusively to authorised repairers. |
Amendment 92
Proposal for a regulation
Article 6 – paragraph 2 – introductory part
Text proposed by the Commission |
Amendment |
2. Performance requirements referred to in paragraph 1 shall be based on the product parameters referred to in Annex I and shall, as appropriate, include: |
2. Performance requirements referred to in paragraph 1 shall be based on the relevant product parameters referred to in Annex I and shall, as appropriate, include: |
Amendment 93
Proposal for a regulation
Article 6 – paragraph 3
Text proposed by the Commission |
Amendment |
3. Performance requirements based on the product parameter set out in Annex I, point (f), shall not restrict the presence of substances in products for reasons relating primarily to chemical safety. |
3. Performance requirements based on the product parameter set out in Annex I, point (f), shall not restrict the presence of substances in products for reasons relating primarily to chemical safety , unless there is an unacceptable risk to human health or the environment, arising from the use of a substance present in the product or product component when it is placed on the market or during the subsequent stages of its lifecycle . |
Amendment 94
Proposal for a regulation
Article 7 – paragraph 2 – point b – paragraph 1 – point ii
Text proposed by the Commission |
Amendment |
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Amendment 95
Proposal for a regulation
Article 7 – paragraph 2 – point b – paragraph 1 – point ii a (new)
Text proposed by the Commission |
Amendment |
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Amendment 96
Proposal for a regulation
Article 7 – paragraph 2 – point b – paragraph 1 – point ii b (new)
Text proposed by the Commission |
Amendment |
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Amendment 97
Proposal for a regulation
Article 7 – paragraph 4 – subparagraph 2
Text proposed by the Commission |
Amendment |
Those classes of performance shall correspond to statistically significant improvements in performance levels. |
Those classes of performance shall correspond to statistically significant improvements in performance levels and shall use as the minimum level the minimum performance requirements established pursuant to Article 6 . |
Amendment 98
Proposal for a regulation
Article 7 – paragraph 4 a (new)
Text proposed by the Commission |
Amendment |
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4a. Where appropriate, based on the evidence provided in the impact assessment referred to in Article 5(4), point (b), information requirements on the performance of the product related to reparability shall take the form of a reparability score to enable end-users to easily compare the performance of products. The methodology to assess the reparability of products shall be developed according to the specificities of product categories and laid down in the relevant delegated act adopted under Article 4. That delegated act shall also define the content and layout of the label containing the reparability score, as appropriate, in accordance with Article 14, using clear and easy-to-understand language and pictograms, to avoid overload of information for consumers. |
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When available, the methodology to assess the reparability of products may include other relevant aspects of a product, such as durability, reliability or robustness, and be further specified in the relevant delegated act taking into account specificities of the product category. |
Amendment 99
Proposal for a regulation
Article 7 – paragraph 5 – subparagraph 1 – introductory part
Text proposed by the Commission |
Amendment |
The information requirements referred to in paragraph 1 shall enable the tracking of all substances of concern throughout the life cycle of products, unless such tracking is already enabled by another delegated act adopted pursuant to Article 4 covering the products concerned, and shall include at least the following: |
The information requirements referred to in paragraph 1 shall enable the tracking of all substances of concern present in the product as placed on the market, in accordance with a threshold-based approach, throughout the life cycle of products, unless such tracking is already enabled by another delegated act adopted pursuant to Article 4 covering the products concerned, and shall include at least the following: |
Amendment 100
Proposal for a regulation
Article 7 – paragraph 5 – subparagraph 1 – point a
Text proposed by the Commission |
Amendment |
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Amendment 101
Proposal for a regulation
Article 7 – paragraph 5 – subparagraph 1 – point d
Text proposed by the Commission |
Amendment |
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Amendment 102
Proposal for a regulation
Article 7 – paragraph 5 – subparagraph 1 – point e
Text proposed by the Commission |
Amendment |
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Amendment 103
Proposal for a regulation
Article 7 – paragraph 5 – subparagraph 3
Text proposed by the Commission |
Amendment |
Exemptions referred to in the second subparagraph, point (c), may be provided based on the technical feasibility or relevance of tracking substances of concern, the need to protect confidential business information and in other duly justified cases. |
Exemptions referred to in the second subparagraph, point (c), may be provided based on the technical feasibility or relevance of tracking substances of concern, the existence of analytical methods to detect and quantify them, the need to protect confidential business information and in other duly justified cases. |
Amendment 104
Proposal for a regulation
Article 7 – paragraph 6 – subparagraph 2 – point e
Text proposed by the Commission |
Amendment |
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Amendment 105
Proposal for a regulation
Article 7 – paragraph 6 – subparagraph 3
Text proposed by the Commission |
Amendment |
Information ensuring the traceability of substances pursuant to paragraph 5 shall be given either on the product or be accessible through a data carrier included on the product. |
Information that is essential to the health, safety, and rights of end-users shall be provided and shall be accessible in physical form with the product and be accessible through a data carrier included on the product. |
Amendment 106
Proposal for a regulation
Article 7 – paragraph 6 – subparagraph 3 a (new)
Text proposed by the Commission |
Amendment |
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Information relevant for an informed purchasing decision shall be provided to consumers prior to the purchase of a product. |
Amendment 107
Proposal for a regulation
Article 7 – paragraph 7 a (new)
Text proposed by the Commission |
Amendment |
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7a. The information to be supplied pursuant to information requirements shall be provided in accordance with accessibility requirements under Directive (EU) 2019/882 of the European Parliament and of the Council (1a) . |
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Amendment 108
Proposal for a regulation
Article 8 – paragraph 1
Text proposed by the Commission |
Amendment |
1. The information requirements referred to in Article 7(1) shall provide that products can only be placed on the market or put into service if a product passport is available in accordance with the applicable delegated act adopted pursuant to Article 4 and Articles 9 and 10. |
1. The information requirements referred to in Article 7(1) shall provide that products can only be placed on the market or put into service if a product passport is available in accordance with the applicable delegated act adopted pursuant to Article 4 and Articles 9 and 10. The information in the product passport shall be accurate, complete and up to date. |
Amendment 109
Proposal for a regulation
Article 8 – paragraph 2 – point a
Text proposed by the Commission |
Amendment |
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Amendment 110
Proposal for a regulation
Article 8 – paragraph 2 – point f
Text proposed by the Commission |
Amendment |
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Amendment 111
Proposal for a regulation
Article 8 – paragraph 2 – point g
Text proposed by the Commission |
Amendment |
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Amendment 112
Proposal for a regulation
Article 8 – paragraph 2 – point h
Text proposed by the Commission |
Amendment |
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Amendment 113
Proposal for a regulation
Article 8 – paragraph 3 – point a
Text proposed by the Commission |
Amendment |
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Amendment 114
Proposal for a regulation
Article 9 – paragraph 1 – subparagraph 1 – point a
Text proposed by the Commission |
Amendment |
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Amendment 115
Proposal for a regulation
Article 9 – paragraph 1 – subparagraph 1 – point d
Text proposed by the Commission |
Amendment |
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Amendment 116
Proposal for a regulation
Article 9 – paragraph 1 – subparagraph 1 – point d a (new)
Text proposed by the Commission |
Amendment |
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Amendment 117
Proposal for a regulation
Article 9 – paragraph 3
Text proposed by the Commission |
Amendment |
3. The economic operator placing the product on the market shall provide dealers with a digital copy of the data carrier to allow the dealer to make it accessible to customers where they cannot physically access the product. The economic operator shall provide that digital copy free of charge and within 5 working days of the dealer’s request. |
3. The economic operator placing the product on the market shall provide dealers and online marketplaces with a digital copy of the data carrier to allow them to make it accessible to customers where they cannot physically access the product. The economic operator shall provide that digital copy free of charge and within 5 working days of receiving the request. |
Amendment 118
Proposal for a regulation
Article 10 – paragraph 1 – point a a (new)
Text proposed by the Commission |
Amendment |
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Amendment 119
Proposal for a regulation
Article 10 – paragraph 1 – point b
Text proposed by the Commission |
Amendment |
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Amendment 120
Proposal for a regulation
Article 10 – paragraph 1 – point b a (new)
Text proposed by the Commission |
Amendment |
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Amendment 121
Proposal for a regulation
Article 10 – paragraph 1 – point c
Text proposed by the Commission |
Amendment |
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Amendment 122
Proposal for a regulation
Article 12 a (new)
Text proposed by the Commission |
Amendment |
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Article 12a |
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Comparison Platform |
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1. By [enter the date 12 months after the entry into force of this Regulation], the Commission shall set up and maintain a publicly accessible online tool allowing stakeholders to compare information included in the product passports stored by the economic operator in accordance with Article 10(c). The tool shall be designed to guarantee that stakeholders can search for the information in line with their respective access rights pursuant to Article 10(1)(b). |
Amendment 123
Proposal for a regulation
Article 14 – paragraph 1 – point b
Text proposed by the Commission |
Amendment |
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Amendment 124
Proposal for a regulation
Article 14 – paragraph 1 – point c
Text proposed by the Commission |
Amendment |
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Amendment 125
Proposal for a regulation
Article 14 – paragraph 2
Text proposed by the Commission |
Amendment |
2. Where an information requirement entails the inclusion in a label of the class of performance of a product as referred to in Article 7(4), the layout of the label referred to in paragraph 1, point (b), shall enable customers to easily compare product performance in relation to the relevant product parameter and to choose better performing products. |
2. Where an information requirement entails the inclusion in a label of the class of performance of a product as referred to in Article 7(4), the layout of the label referred to in paragraph 1, point (b), shall be clear and easily understandable, and shall enable customers to easily compare product performance in relation to the relevant product parameter and to choose better performing products. |
Amendment 126
Proposal for a regulation
Article 15 – paragraph 1
Text proposed by the Commission |
Amendment |
Where delegated acts adopted pursuant to Article 4 do not require products to have a label, those products may not be placed on the market or put into service if they supply or display labels which are likely to mislead or confuse customers with respect to the labels provided for in Article 14. |
Products shall not be placed on the market or put into service if they supply or display labels which are likely to mislead or confuse customers with respect to the labels provided for in Article 14 , including where delegated acts adopted pursuant to Article 4 do not require products to have a label . |
Amendment 127
Proposal for a regulation
Article 16 – paragraph 1 – point c
Text proposed by the Commission |
Amendment |
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Amendment 128
Proposal for a regulation
Article 16 – paragraph 2 – subparagraph 1
Text proposed by the Commission |
Amendment |
The Commission shall adopt and regularly update a working plan , covering a period of at least 3 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. |
The Commission shall adopt a working plan and make it publicly available, together with the relevant preparatory documents. The working plan shall set out a list of product groups for which it intends to establish ecodesign requirements in accordance with this Regulation and the estimated timelines for their establishment . 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. The working plan shall cover a period of at least 3 years and it shall be regularly updated. |
Amendment 129
Proposal for a regulation
Article 16 – paragraph 2 – subparagraph 2
Text proposed by the Commission |
Amendment |
When adopting or updating the working plan referred to in the first subparagraph, the Commission shall take into account the criteria set out in paragraph 1 of this Article and shall consult the Ecodesign Forum referred to in Article 17. |
When adopting or updating the working plan referred to in the first subparagraph, the Commission shall take into account the criteria set out in paragraph 1 of this Article and shall consult the Ecodesign Forum referred to in Article 17 within an appropriate timeframe . |
Amendment 130
Proposal for a regulation
Article 16 – paragraph 2 – subparagraph 2 a (new)
Text proposed by the Commission |
Amendment |
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The Commission shall present the draft working plan and its updates to the European Parliament before their adoption. |
Amendment 131
Proposal for a regulation
Article 16 – paragraph 2 – subparagraph 2 b (new)
Text proposed by the Commission |
Amendment |
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For the period 2024-2027, the Commission shall consider prioritising the following product groups in the first working plan that is to be adopted no later than … [insert the date 3 months after the entry into force of this Regulation]. If any of the following product groups is not included in the working plan, the Commission shall provide a justification for its decision in the working plan: |
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Amendment 132
Proposal for a regulation
Article 16 – paragraph 2 – subparagraph 2 c (new)
Text proposed by the Commission |
Amendment |
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Any absence of adequate performance and information requirements on the environment and carbon footprint for cement under [the forthcoming Regulation laying down harmonised conditions for the marketing of construction products, amending Regulation (EU) 2019/1020 and repealing Regulation (EU) 305/2011 (2022/0094 COD)] by 2027 shall trigger the inclusion of cement as a priority product category in the next working plan of this Regulation. |
Amendment 133
Proposal for a regulation
Article 17 – paragraph 1
Text proposed by the Commission |
Amendment |
The Commission shall ensure that when it conducts its activities, it observes a balanced participation of Member States’ representatives and all interested parties involved with the product or product group in question, such as industry, including SMEs and craft industry, trade unions, traders, retailers, importers, environmental protection groups and consumer 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 . |
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 , social enterprises and craft industry, waste management operators, standardisation organisations, trade unions and associations , traders, retailers, importers, environmental protection organisations, consumer organisations , researchers and other experts . |
Amendment 134
Proposal for a regulation
Article 17 – paragraph 1 a (new)
Text proposed by the Commission |
Amendment |
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The parties referred to in the first paragraph shall contribute in particular to preparing ecodesign requirements, and examining the effectiveness of the established market surveillance mechanisms and assessing self-regulation measures. |
Amendment 135
Proposal for a regulation
Article 17 – paragraph 2 a (new)
Text proposed by the Commission |
Amendment |
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The Commission shall publish on its website the upcoming meetings of the ‘Ecodesign Forum’, ensuring that relevant parties are informed in sufficient time before a consultation takes place. |
Amendment 136
Proposal for a regulation
Article 17 – paragraph 2 b (new)
Text proposed by the Commission |
Amendment |
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The Ecodesign Forum shall carry out its tasks in a fullt transparent manner. The Commission shall publish the adopted conclusions and minutes of the meetings of the Ecodesign Forum and all other relevant documents on the website of the Commission. |
Amendment 137
Proposal for a regulation
Article 17 – paragraph 2 c (new)
Text proposed by the Commission |
Amendment |
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The Ecodesign Forum may request the Commission to prepare ecodesign requirements for a particular product group. The Commission shall take such a request into consideration. |
Amendment 138
Proposal for a regulation
Article 18 – paragraph 1
Text proposed by the Commission |
Amendment |
1. Two or more economic operators may submit a self-regulation measure establishing ecodesign requirements for products to the Commission as an alternative to a delegated act adopted pursuant to Article 4. Those operators shall provide evidence that the criteria referred to in paragraph 3, points (a) to (e), are fulfilled. With respect to paragraph 3, point (a), that evidence shall consist of a structured technical, environmental and economic analysis, justifying the ecodesign requirements and objectives of the self-regulation measure, and assessing the impacts of the ecodesign requirements set in that self-regulation measure. |
1. Two or more economic operators may submit a self-regulation measure establishing ecodesign requirements for products to the Commission as an alternative to a delegated act adopted pursuant to Article 4 , if the products are not included in the working plan . Those operators shall provide evidence that the criteria referred to in paragraph 3, points (a) to (e), are fulfilled. With respect to paragraph 3, point (a), that evidence shall consist of a structured technical, environmental and economic analysis, justifying the ecodesign requirements and objectives of the self-regulation measure, and assessing the impacts of the ecodesign requirements set in that self-regulation measure. |
Amendment 139
Proposal for a regulation
Article 18 – paragraph 2 – subparagraph 1 – introductory part
Text proposed by the Commission |
Amendment |
The self-regulation measure shall contain the following information: |
The self-regulation measure submitted pursuant to paragraph 1 shall contain the following information: |
Amendment 140
Proposal for a regulation
Article 18 – paragraph 2 – subparagraph 1 – point b
Text proposed by the Commission |
Amendment |
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Amendment 141
Proposal for a regulation
Article 18 – paragraph 2 – subparagraph 1 – point d
Text proposed by the Commission |
Amendment |
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Amendment 142
Proposal for a regulation
Article 18 – paragraph 2 – subparagraph 1 – point d a (new)
Text proposed by the Commission |
Amendment |
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Amendment 143
Proposal for a regulation
Article 18 – paragraph 2 – subparagraph 1 – point d b (new)
Text proposed by the Commission |
Amendment |
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Amendment 144
Proposal for a regulation
Article 18 – paragraph 2 – subparagraph 2
Text proposed by the Commission |
Amendment |
The information referred to in this paragraph shall be kept up-to-date and be available on a publicly accessible website. |
The information referred to in this paragraph shall be kept up-to-date and be available on a publicly accessible website of the Commission . The economic operators shall notify without delay the Commission of any changes to the self-regulation measure, in particular any changes to the signatories. |
Amendment 145
Proposal for a regulation
Article 18 – paragraph 3 – subparagraph 1 – introductory part
Text proposed by the Commission |
Amendment |
The Commission shall assess the proposed self-regulation measure, and, where necessary, shall seek scientific advice from Union decentralised agencies. On the basis of that assessment, it shall establish whether it is a valid alternative to a delegated act adopted pursuant to Article 4 where the following criteria are fulfilled: |
The Commission shall assess the proposed self-regulation measure, and, where necessary, shall seek scientific advice from Union decentralised agencies . The Commission shall also consult the Ecodesign forum on the self-regulation measure submitted pursuant to paragraph 1 . On the basis of that assessment, it shall establish whether it is a valid alternative to a delegated act adopted pursuant to Article 4 where the following criteria are fulfilled: |
Amendment 146
Proposal for a regulation
Article 18 – paragraph 3 – subparagraph 1 – point a
Text proposed by the Commission |
Amendment |
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Amendment 147
Proposal for a regulation
Article 18 – paragraph 3 – subparagraph 2
Text proposed by the Commission |
Amendment |
The Commission shall adopt an implementing act containing a list of self-regulation measures established as valid alternatives to a delegated act adopted pursuant to Article 4. That implementing act shall be adopted in accordance with the advisory procedure referred to in Article 67(2). |
The Commission shall adopt a delegated act in accordance with Article 66 containing a list of self-regulation measures established as valid alternatives to a delegated act adopted pursuant to Article 4. That delegated act shall be adopted in accordance with the advisory procedure referred to in Article 67(2). |
Amendment 148
Proposal for a regulation
Article 18 – paragraph 4
Text proposed by the Commission |
Amendment |
4. The Commission may at any point in time request the signatories of a self-regulation measure to submit a revised and updated version of that measure in view of relevant market or technological developments within the product group concerned or where it has reason to believe that the criteria set out in paragraph 3 are no longer fulfilled. |
4. The Commission may at any point in time request the signatories of a self-regulation measure to submit a revised and updated version of that measure in view of relevant market or technological developments within the product group concerned or where it has reason to believe that the criteria set out in paragraph 3 are no longer fulfilled. The signatories shall submit a revised and updated version of that measure within three months of the request made by the Commission. |
Amendment 149
Proposal for a regulation
Article 18 – paragraph 5
Text proposed by the Commission |
Amendment |
5. Once a self-regulation measure has been listed in an implementing act adopted pursuant to paragraph 3, second subparagraph, the signatories of that measure shall report to the Commission, at regular intervals set out in that implementing act, on the progress towards achieving the objectives of the self-regulation measures and to demonstrate that the criteria set in paragraph 3, points (a) to (e), remain fulfilled. Those reports shall also be made available on a publicly accessible website. |
5. Once a self-regulation measure has been listed in a delegated act adopted pursuant to paragraph 3, second subparagraph, the signatories of that measure shall report to the Commission, at regular intervals set out in that delegated act, on the progress towards achieving the objectives of the self-regulation measures and to demonstrate that the criteria set in paragraph 3, points (a) to (e), remain fulfilled. Where a signatory does not comply with the requirements of the self-regulation measure, it shall take corrective action. The independent inspector shall notify the Commission of the lack of compliance of a signatory. Progress reports, including compliance reports made by the independent inspector, and notifications about lack of compliance and corresponding corrective action shall be made available on a publicly accessible website of the Commission . |
Amendment 150
Proposal for a regulation
Article 18 – paragraph 6
Text proposed by the Commission |
Amendment |
6. Where the Commission considers, based on information received pursuant to paragraphs 4 or 5, that a self-regulation measure no longer fulfils the criteria set out in paragraph 3, it shall delete it from the list referred to in that paragraph. In such cases, the Commission may decide to adopt ecodesign requirements applicable to the product covered by that self-regulation measure. |
6. Where the Commission considers, based on information received pursuant to paragraphs 2, 4 or 5, that a self-regulation measure no longer fulfils the criteria set out in paragraph 3, it shall delete it from the list referred to in that paragraph. In such cases, the Commission may decide to adopt ecodesign requirements applicable to the product covered by that self-regulation measure. |
Amendment 151
Proposal for a regulation
Article 19 – paragraph 1
Text proposed by the Commission |
Amendment |
1. In the context of programmes from which SMEs can benefit, the Commission shall take into account initiatives which help SMEs to integrate environmental sustainability aspects including energy efficiency in their value chain. |
1. In the context of programmes from which micro-enterprises and SMEs can benefit, the Commission shall take into account initiatives which help micro-enterprises and SMEs to integrate environmental sustainability aspects including energy efficiency in their value chain. |
Amendment 152
Proposal for a regulation
Article 19 – paragraph 2
Text proposed by the Commission |
Amendment |
2. When adopting delegated acts pursuant to Article 4 the Commission shall, where appropriate, accompany those acts with guidelines covering specificities of SMEs active in the product or product group sector affected for facilitating the application of this Regulation by SMEs. |
2. When adopting delegated acts pursuant to Article 4 the Commission shall, where appropriate, accompany those acts with guidelines covering specificities of micro-enterprises and SMEs active in the product or product group sector affected for facilitating the application of this Regulation by micro-enterprises and SMEs. The Commission shall consult micro-enterprises’ and SMEs’ representative organisations in the drafting of the guidelines. |
Amendment 153
Proposal for a regulation
Article 19 – paragraph 3 – subparagraph 1
Text proposed by the Commission |
Amendment |
Member States shall take appropriate measures to help SMEs apply ecodesign requirements set out in delegated acts adopted pursuant to Article 4.. |
Member States shall take appropriate measures to help micro-enterprises and SMEs apply ecodesign requirements set out in delegated acts adopted pursuant to Article 4. When preparing such measures, Member States shall consult micro-enterprises’ and SMEs’ representative organisations . |
Amendment 154
Proposal for a regulation
Article 19 – paragraph 3 – subparagraph 2
Text proposed by the Commission |
Amendment |
Those measures shall at least include ensuring the availability of one-stop shops or similar mechanisms to raise awareness and create networking opportunities for SMEs to adapt to requirements. |
Those measures shall at least include ensuring the availability of one-stop shops or similar mechanisms to raise awareness and create networking opportunities for micro-enterprises and SMEs to adapt to requirements. Those measures shall also at least include specific mechanisms to facilitate compliance with the requirements set out in Articles 8 to 12a and with conducting life cycle assessments. |
Amendment 155
Proposal for a regulation
Article 19 – paragraph 3 – subparagraph 3 – point a
Text proposed by the Commission |
Amendment |
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Amendment 156
Proposal for a regulation
Article 20 – paragraph 1 – subparagraph 1 – point a
Text proposed by the Commission |
Amendment |
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Amendment 157
Proposal for a regulation
Article 20 – paragraph 1 – subparagraph 1 – point c
Text proposed by the Commission |
Amendment |
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Amendment 158
Proposal for a regulation
Article 20 – paragraph 1 – subparagraph 2
Text proposed by the Commission |
Amendment |
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. |
The economic operator shall disclose that information on a freely accessible website of the Commission , until a delegated act adopted pursuant to paragraph 3 starts applying to the category of unsold consumer products discarded by the operator in question. |
Amendment 159
Proposal for a regulation
Article 20 – paragraph 2 – subparagraph 1
Text proposed by the Commission |
Amendment |
The Commission may adopt implementing acts setting out the format for the disclosure of the information referred to in paragraph 1, including the type or category and how the information is to be verified. |
The Commission shall adopt implementing acts setting out the format for the disclosure of the information referred to in paragraph 1, including the type or category and how the information is to be verified. |
Amendment 160
Proposal for a regulation
Article 20 – paragraph 3 – subparagraph 1
Text proposed by the Commission |
Amendment |
The Commission shall be empowered to adopt delegated acts in accordance with Article 66 to supplement this Regulation by prohibiting economic operators to destroy unsold consumer products in the Union , where the destruction of unsold consumer products falling within a certain product group has significant environmental impact. |
The Commission shall be empowered to adopt delegated acts in accordance with Article 66 to supplement this Regulation by prohibiting economic operators to destroy unsold consumer products, where the destruction of unsold consumer products falling within a certain product group has non-negligible environmental impact. |
Amendment 161
Proposal for a regulation
Article 20 – paragraph 3 – subparagraph 1 a (new)
Text proposed by the Commission |
Amendment |
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On the basis of information provided under paragraph 1, the Commission shall by ... [insert the date 2 years after the entry into force of this Regulation] and every 3 years thereafter publish a report on the destruction of unsold goods. In that report, the Commission shall identify the products for which it considers necessary to adopt a delegated act prohibiting the destruction of unsold goods. |
Amendment 162
Proposal for a regulation
Article 20 – paragraph 3 – subparagraph 2 – point a
Text proposed by the Commission |
Amendment |
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Amendment 163
Proposal for a regulation
Article 20 – paragraph 3 – subparagraph 2 – point b
Text proposed by the Commission |
Amendment |
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Amendment 164
Proposal for a regulation
Article 20 – paragraph 3 – subparagraph 2 – point c
Text proposed by the Commission |
Amendment |
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deleted |
Amendment 165
Proposal for a regulation
Article 20 – paragraph 3 – subparagraph 2 – point d a (new)
Text proposed by the Commission |
Amendment |
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Amendment 166
Proposal for a regulation
Article 20 – paragraph 5 – subparagraph 1 – point a
Text proposed by the Commission |
Amendment |
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Amendment 167
Proposal for a regulation
Article 20 – paragraph 6 a (new)
Text proposed by the Commission |
Amendment |
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6a. The Commission shall provide economic operators with sufficient time to adjust to new requirements. |
Amendment 168
Proposal for a regulation
Article 20 a (new)
Text proposed by the Commission |
Amendment |
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Article 20a |
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1. One year after ... [insert the date of the entry into force of this Regulation], the destruction of unsold consumer products by economic operators shall be prohibited for the following product categories: |
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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: |
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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: |
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The details of and format for the disclosure of information provided for in the implementing act adopted pursuant to Article 20(2) shall apply to the information to be disclosed pursuant to this paragraph, unless the delegated act adopted pursuant to paragraph 2 provides otherwise. |
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4. This Article shall not apply to SMEs. |
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However, the Commission may, in the delegated acts adopted pursuant to paragraph 2, provide that the prohibition of the destruction of unsold consumer products referred to in paragraph 1 or the disclosure obligation referred to in paragraph 3 shall apply to: |
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Amendment 169
Proposal for a regulation
Article 21 – paragraph 3
Text proposed by the Commission |
Amendment |
3. Manufacturers shall keep the technical documentation and the EU declaration of conformity for 10 years after the product has been placed on the market or put into service. Delegated acts adopted pursuant to Article 4 may specify a period longer or shorter than 10 years in order to take account of the nature of the products or requirements concerned. |
3. Manufacturers shall keep the technical documentation and the EU declaration of conformity for 10 years after the product has been placed on the market or put into service. Delegated acts adopted pursuant to Article 4 may specify a period longer or shorter than 10 years in order to take account of the nature of the products , the complexity of the information to be provided, or requirements concerned. |
Amendment 170
Proposal for a regulation
Article 21 – paragraph 7
Text proposed by the Commission |
Amendment |
7. Manufacturers shall ensure that 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 assemble, install, operate, store, maintain, repair and dispose of the product 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). |
7. Manufacturers shall ensure that a product covered by a delegated act adopted pursuant to Article 4 is accompanied by instructions in digital format that enable consumers and other end-users to safely assemble, install, operate, store, maintain, repair and dispose of the product 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). The delegated acts adopted pursuant to Article 4 shall also specify the period during which such instructions shall be made accessible online. Such period shall not be less that 10 years after placing the product on the market. |
Amendment 171
Proposal for a regulation
Article 21 – paragraph 7 a (new)
Text proposed by the Commission |
Amendment |
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7a. When providing the instructions referred to in paragraph 7, the manufacturer shall present them in a format that makes it possible to download them and save on an electronic device so that the consumer or other end-user can access them at all times. |
Amendment 172
Proposal for a regulation
Article 21 – paragraph 7 b (new)
Text proposed by the Commission |
Amendment |
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7b. Upon request of the consumer or other end-user at the time of the purchase or up to 6 months after that purchase, the manufacturer shall provide the instructions in paper format free of charge. |
Amendment 173
Proposal for a regulation
Article 21 – paragraph 7 c (new)
Text proposed by the Commission |
Amendment |
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7c. The delegated acts adopted pursuant to Article 4 may specify, in well-justified cases, that certain concise information forming part of the instructions provided for in paragraph 7 of this Article may be provided in paper format. |
Amendment 174
Proposal for a regulation
Article 21 – paragraph 8 – subparagraph 1
Text proposed by the Commission |
Amendment |
Manufacturers who consider or have reason to believe that a product covered by a delegated act adopted pursuant to Article 4 that they have been placed on the market or put into service is not in conformity with the requirements set out in those delegated acts shall immediately take the necessary corrective measures to bring that product into conformity, to withdraw it or recall it, if appropriate. |
Manufacturers who consider or have reason to believe that a product covered by a delegated act adopted pursuant to Article 4 that they has been placed on the market or put into service is not in conformity with the requirements set out in those delegated acts shall without undue delay take the necessary corrective measures to bring that product into conformity, or to immediately withdraw it or recall it, if appropriate. |
Amendment 175
Proposal for a regulation
Article 21 – paragraph 8 a (new)
Text proposed by the Commission |
Amendment |
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8a. Manufacturers shall establish publicly available communication channels such as a telephone number, electronic address or dedicated section of their website, taking into account the accessibility needs for persons with disabilities, in order to allow end-users to submit complaints or concerns regarding the potential non-conformity of products. |
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Manufacturers shall take appropriate measures when they consider that there is a case of non-compliance with the requirements set out in this Regulation, and inform market surveillance authorities. Manufacturers shall keep a register of complaints and concerns only as long as it is necessary for the purpose of this Regulation and make it available upon request from a market surveillance authority. |
Amendment 176
Proposal for a regulation
Article 21 – paragraph 9 – subparagraph 1
Text proposed by the Commission |
Amendment |
Manufacturers shall, further to a reasoned request from a competent national authority, provide all the information and documentation necessary to demonstrate the conformity of the product, including the technical documentation in a language that can be easily understood by that authority. That information and documentation shall be provided in either paper or electronic form. The relevant documents shall be made available within 10 days of receipt of a request by a competent national authority. |
Manufacturers shall, further to a reasoned request from a competent national authority, provide all the information and documentation necessary to demonstrate the conformity of the product, including the technical documentation in a language that can be easily understood by that authority. That information and documentation shall be provided in either paper or electronic form. The relevant documents shall be made available as soon as possible and no later than within 15 days of receipt of a request by a competent national authority. |
Amendment 177
Proposal for a regulation
Article 22 – paragraph 2 – point d
Text proposed by the Commission |
Amendment |
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Amendment 178
Proposal for a regulation
Article 23 – paragraph 4
Text proposed by the Commission |
Amendment |
4. Importers shall ensure that the product is accompanied by instructions that enable the consumer to assemble, install, operate, store, maintain, repair and dispose of the product, 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 shall include at least the information specified in the delegated acts adopted pursuant to Article 4. |
4. Importers shall ensure that the product is accompanied by instructions that enable the consumer to assemble, install, operate, store, maintain, repair and dispose of the product, 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 shall include at least the information specified in the delegated acts adopted pursuant to Article 4. The obligations set in Article 21, paragraphs 7b and 7c shall apply mutatis mutandis. |
Amendment 179
Proposal for a regulation
Article 23 – paragraph 6 – subparagraph 1
Text proposed by the Commission |
Amendment |
Importers who consider or have reason to believe that a product covered by a delegated act adopted pursuant to Article 4, which they have placed on the market or put into service, is not in conformity with the requirements set out in that act shall immediately take the corrective measures necessary to bring that product into conformity, to withdraw it or recall it, if appropriate. |
Importers who consider or have reason to believe that a product covered by a delegated act adopted pursuant to Article 4, which they have placed on the market or put into service, is not in conformity with the requirements set out in that act shall without undue delay take the corrective measures necessary to bring that product into conformity, or to immediately withdraw it or recall it, if appropriate. |
Amendment 180
Proposal for a regulation
Article 23 – paragraph 8 – subparagraph 1
Text proposed by the Commission |
Amendment |
Importers shall, further to a reasoned request from a competent national authority, provide it with all the information and documentation necessary to demonstrate the conformity of a product, including technical documentation, in a language that can be easily understood by that authority. That information and documentation shall be provided in either paper or electronic form. The relevant documents shall be made available within 10 days of receipt of a request by the competent authority of a Member State. |
Importers shall, further to a reasoned request from a competent national authority, provide it with all the information and documentation necessary to demonstrate the conformity of a product, including technical documentation, in a language that can be easily understood by that authority. That information and documentation shall be provided in either paper or electronic form. The relevant documents shall be made available as soon as possible and no later than within 15 days of receipt of a request by the competent authority of a Member State. |
Amendment 181
Proposal for a regulation
Article 24 – paragraph 2 – point b
Text proposed by the Commission |
Amendment |
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Amendment 182
Proposal for a regulation
Article 25 – paragraph 3 – point c
Text proposed by the Commission |
Amendment |
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Amendment 183
Proposal for a regulation
Article 25 a (new)
Text proposed by the Commission |
Amendment |
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Article 25a |
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Obligations of suppliers |
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The supplier of a substance or a mixture or the supplier of an article shall provide free of charge all the relevant information to the economic operators to facilitate its compliance with the performance and information requirements set out in this Regulation. |
Amendment 184
Proposal for a regulation
Article 26 – paragraph 4 – point b
Text proposed by the Commission |
Amendment |
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Amendment 185
Proposal for a regulation
Article 29 – title
Text proposed by the Commission |
Amendment |
Obligations of online marketplaces and online search engines |
Obligations of online marketplaces |
Amendment 186
Proposal for a regulation
Article 29 – paragraph 1
Text proposed by the Commission |
Amendment |
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1. The cooperation referred to in Article 7(2) of Regulation (EU) 2019/1020 shall, with regard to online marketplaces and for the purposes of this Regulation, include in particular: |
1. Online marketplaces shall cooperate, for the purposes of this Regulation, with the market surveillance authorities, at the request of the market surveillance authorities and in specific cases, to facilitate any action taken to eliminate or, if that is not possible, to mitigate the risks presented by a product that is or was offered for sale online through their services. |
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Amendment 187
Proposal for a regulation
Article 29 – paragraph 2 – subparagraph 1
Text proposed by the Commission |
Amendment |
For the purpose of the requirements of [Article 22(7)] of Regulation (EU) …/… [the Digital Services Act], online marketplaces shall design and organise their online interface in a way that enables dealers to fulfil their obligations set out in Article 25 and allows economic operators to fulfil their obligations under Article 30(1) of this Regulation. |
deleted |
Amendment 188
Proposal for a regulation
Article 29 – paragraph 2 – subparagraph 2
Text proposed by the Commission |
Amendment |
The information shall be able to be provided for each product offered and displayed or otherwise made easily accessible by customers on the product listing. |
deleted |
Amendment 189
Proposal for a regulation
Article 29 – paragraph 2 – subparagraph 3
Text proposed by the Commission |
Amendment |
In particular, where delegated acts adopted pursuant to Article 4 require online visual advertising for certain products to be accompanied by online electronic information to be displayed on the display mechanism, online marketplaces shall enable dealers to show it. This obligation shall also apply to online search engines and other online platforms that provide online visual advertising for the products concerned. |
deleted |
Amendment 190
Proposal for a regulation
Article 29 – paragraph 3
Text proposed by the Commission |
Amendment |
3. As far as powers conferred by Member States in accordance with Article 14 of Regulation (EU) 2019/1020 are concerned, Member States shall confer on their market surveillance authorities the power, for all products covered by a relevant delegated act adopted pursuant to Article 4, to order an online marketplace to remove specific illegal content referring to a non-compliant product from its online interface, disable access to it or display an explicit warning to end-users when they access it. Such orders shall comply with [Article 8(1)] of Regulation (EU) …/… [the Digital Services Act]. |
3. As far as powers conferred by Member States in accordance with Article 14 of Regulation (EU) 2019/1020 are concerned, Member States shall confer on their market surveillance authorities the power, as regards specific content referring to an offer of a non-compliant product with the requirements of this Regulation, to issue an order requiring the providers of online marketplaces to remove such content from their online interface, disable access to it or display an explicit warning to end-users when they access it. Such orders shall comply with [Article 8(1)] of Regulation (EU) …/… [the Digital Services Act]. |
Amendment 191
Proposal for a regulation
Article 29 – paragraph 4
Text proposed by the Commission |
Amendment |
4. Online marketplaces shall take the necessary measures to receive and process the orders referred to in paragraph 2 in accordance with [Article 8] of Regulation (EU) …/… [the Digital Services Act]. |
deleted |
Amendment 192
Proposal for a regulation
Article 29 – paragraph 5 – subparagraph 1
Text proposed by the Commission |
Amendment |
Online marketplaces shall establish a single contact point allowing for direct communication with Member States’ market surveillance authorities in relation to compliance with this Regulation and the delegated acts adopted pursuant to Article 4. |
Online marketplaces shall establish or appoint an existing contact point as a single contact point allowing for direct communication with Member States’ market surveillance authorities in relation to compliance with this Regulation and the delegated acts adopted pursuant to Article 4 and enable consumers to communicate directly and rapidly with them in relation to ecodesign requirements . |
Amendment 193
Proposal for a regulation
Article 29 – paragraph 5 – subparagraph 2
Text proposed by the Commission |
Amendment |
This contact point may be the same contact point as the one referred to in [Article 20(1)] of Regulation (EU) …/… [the General Product Safety Regulation] or [Article 10(1) ] of Regulation (EU) …/… [the Digital Services Act]. |
This contact point may be the same contact point as the one referred to in [Article 20(1)] of Regulation (EU) …/… [the General Product Safety Regulation] or Article 11 of Regulation (EU) 2022/2065. |
Amendment 194
Proposal for a regulation
Article 30 – paragraph 1 – point c
Text proposed by the Commission |
Amendment |
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Amendment 195
Proposal for a regulation
Article 30 – paragraph 3 – subparagraph 1 – introductory part
Text proposed by the Commission |
Amendment |
When requiring manufacturers, their authorised representatives or importers to make parts of the technical documentation related to the relevant product digitally available pursuant to Article 4, third subparagraph, point (a), the Commission shall take into account the following criteria: |
When requiring, upon a reasoned request from a national competent authority, manufacturers , their authorised representatives or importers to make parts of the technical documentation related to the relevant product digitally available pursuant to Article 4, third subparagraph, point (a), the Commission shall take into account the following criteria: |
Amendment 196
Proposal for a regulation
Article 31 – paragraph 3 – subparagraph 1 – point a a (new)
Text proposed by the Commission |
Amendment |
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Amendment 197
Proposal for a regulation
Article 31 – paragraph 3 – subparagraph 2 – point a
Text proposed by the Commission |
Amendment |
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Amendment 198
Proposal for a regulation
Article 33 – paragraph 4 – subparagraph 1
Text proposed by the Commission |
Amendment |
Software or firmware updates shall not worsen product performance 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, except with explicit consent of the end-user prior to the update. No performance change shall occur as a result of rejecting the update. |
Software or firmware updates shall not significantly worsen product performance 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, except with explicit consent of the end-user prior to the update. No performance change shall occur as a result of rejecting the update. |
Amendment 199
Proposal for a regulation
Article 35 – paragraph 1 – subparagraph 2
Text proposed by the Commission |
Amendment |
Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 67(3). |
Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 67(3). Where a harmonised standard is adopted by a European standardisation organisation and proposed to the Commission for the publication of its reference in the Official Journal of the European Union, the Commission shall assess the harmonised standards in accordance with Regulation (EU) 1025/2012. When the reference of a harmonised standard is published in the Official Journal of the European Union, the Commission shall repeal the implementing acts or parts thereof containing the same ecodesign requirements. |
Amendment 200
Proposal for a regulation
Article 58 – paragraph 1
Text proposed by the Commission |
Amendment |
1. Requirements pursuant to Article 4, third subparagraph, point (h) for public contracts awarded by contracting authorities, as defined in Article 2(1) of Directive 2014/24/EU or Article 3(1) of Directive 2014/25/EU, or contracting entities, as defined in Article 4(1) of Directive 2014/25/EU, may take the form of mandatory technical specifications, selection criteria, award criteria, contract performance clauses, or targets, as appropriate. |
1. Without prejudice to Directives 2014/24/EU and 2014/25/EU, 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, shall take the form of mandatory technical specifications, selection criteria, award criteria, contract performance clauses, or targets, as appropriate. |
Amendment 201
Proposal for a regulation
Article 58 – paragraph 1 a (new)
Text proposed by the Commission |
Amendment |
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1a. Member States, together with the Commission, shall provide assistance to national contracting authorities to upskill and reskill staff in charge of green public procurement. |
Amendment 202
Proposal for a regulation
Article 58 – paragraph 2 – point b
Text proposed by the Commission |
Amendment |
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Amendment 203
Proposal for a regulation
Article 59 – paragraph 1 – subparagraph 1
Text proposed by the Commission |
Amendment |
Without prejudice to Article 13 of Regulation (EU) 2019/1020, each Member State shall, at least every 2 years, draw up an action plan outlining the market surveillance activities planned to ensure that appropriate checks are performed on an adequate scale in relation to this Regulation and the delegated acts adopted pursuant to Article 4. Each Member State shall draw up the first such action plan by [16 July 2024]. |
Without prejudice to Article 13 of Regulation (EU) 2019/1020, each Member State shall, at least every 2 years, draw up an action plan outlining the market surveillance activities planned to ensure that appropriate checks , including physical and laboratory checks based on adequate samples, are performed on an adequate scale in relation to this Regulation and the delegated acts adopted pursuant to Article 4. Each Member State shall draw up the first such action plan by [16 July 2024]. |
Amendment 204
Proposal for a regulation
Article 59 – paragraph 1 – subparagraph 2 – point b
Text proposed by the Commission |
Amendment |
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Amendment 205
Proposal for a regulation
Article 59 – paragraph 2 – point b a (new)
Text proposed by the Commission |
Amendment |
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Amendment 206
Proposal for a regulation
Article 59 – paragraph 3
Text proposed by the Commission |
Amendment |
3. The nature and number of checks planned pursuant to paragraph 1, point (b), shall be proportionate to the objective criteria used to identify the priorities in line with paragraph 2. |
3. The nature and number of checks planned pursuant to paragraph 1, point (b), shall be proportionate to the objective criteria used to identify the priorities in line with paragraph 2. For product categories identified as representing a high risk of non-compliance, market surveillance authorities shall consider that those checks shall include physical and laboratory checks based on adequate samples. |
Amendment 207
Proposal for a regulation
Article 59 – paragraph 3 a (new)
Text proposed by the Commission |
Amendment |
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3a. In order to carry out market surveillance in relation to this Regulation and to the delegated acts adopted pursuant to Article 4, Member States shall ensure that their market surveillance authorities have the necessary resources, including sufficient budgetary and other resources, such as a sufficient number of competent personnel, expertise, procedures and other arrangements for the proper performance of their duties. |
Amendment 208
Proposal for a regulation
Article 59 – paragraph 5 – subparagraph 1
Text proposed by the Commission |
Amendment |
The Commission may adopt implementing acts listing the products or requirements that Member States shall at least consider as priorities for market surveillance pursuant to paragraph 1, point (a). |
The Commission may adopt delegated acts in accordance with Article 66 to supplement this Regulation by listing the products or requirements that Member States shall include as priorities for market surveillance pursuant to paragraph 1, point (a). |
Amendment 209
Proposal for a regulation
Article 59 – paragraph 5 – subparagraph 2
Text proposed by the Commission |
Amendment |
Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 67(2). |
deleted |
Amendment 210
Proposal for a regulation
Article 60 – paragraph 1 – subparagraph 2 – point d
Text proposed by the Commission |
Amendment |
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Amendment 211
Proposal for a regulation
Article 61 – paragraph 1
Text proposed by the Commission |
Amendment |
1. Market surveillance authorities shall enter into the information and communication system referred to in Article 34 of Regulation (EU) 2019/1020 information on the nature and severity of any penalty imposed in relation to non-compliance with this Regulation. |
1. Market surveillance authorities shall enter into the information and communication system referred to in Article 34 of Regulation (EU) 2019/1020 information on the number and nature of checks performed, as well as the nature and severity of any penalty imposed in relation to non-compliance with this Regulation. |
Amendment 212
Proposal for a regulation
Article 61 – paragraph 3
Text proposed by the Commission |
Amendment |
3. The Commission shall publish the report referred to in paragraph 2 of this Article in the information and communication system referred to in Article 34 of Regulation (EU) 2019/1020 and shall make public a summary of the report. |
3. The Commission shall publish the report referred to in paragraph 2 of this Article in the information and communication system referred to in Article 34 of Regulation (EU) 2019/1020 and shall make public both a summary of the report and the report . |
Amendment 213
Proposal for a regulation
Article 62 – paragraph 2 – subparagraph 1 – point d a (new)
Text proposed by the Commission |
Amendment |
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Amendment 214
Proposal for a regulation
Article 63 – paragraph 1 – subparagraph 2
Text proposed by the Commission |
Amendment |
Where, in the course of that evaluation, the market surveillance authorities find that the product does not comply with the requirements laid down in the applicable delegated acts adopted pursuant to Article 4, they shall without delay require the relevant economic operator to take appropriate and proportionate corrective action, within a reasonable period prescribed by the market surveillance authorities and commensurate with the nature and where relevant the degree of the non-compliance, to bring the non-compliance to an end. The corrective action required to be taken by the economic operator may include the actions listed in Article 16(3) of Regulation (EU) 2019/1020. |
Where, in the course of that evaluation, the market surveillance authorities find that the product does not comply with the requirements laid down in the applicable delegated acts adopted pursuant to Article 4, they shall without delay require the relevant economic operator to take appropriate and proportionate corrective action, within a reasonable period prescribed by the market surveillance authorities and commensurate with the nature and where relevant the degree of the non-compliance, to bring the non-compliance to an end. The corrective action required to be taken by the economic operator may include as a minimum the actions listed in Article 16(3) of Regulation (EU) 2019/1020. |
Amendment 215
Proposal for a regulation
Article 66 – paragraph 2
Text proposed by the Commission |
Amendment |
2. The power to adopt delegated acts referred to in Article 4, Article 9(1), second subparagraph, Article 11(4), Article 20(3), and Article 61(1) shall be conferred on the Commission for a period of six years from [ one month after the entry into force of this act]. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the six-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period. |
2. The power to adopt delegated acts referred to in Article 4, Article 9(1), second subparagraph, Article 11(4), Article 20(3), and Article 61(1) shall be conferred on the Commission for a period of five years from [the date of entry into force of this act]. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period. |
Amendment 216
Proposal for a regulation
Article 66 – paragraph 3
Text proposed by the Commission |
Amendment |
3. The delegation of power referred to in Article 4, Article 9(1), second subparagraph, Article 11(4), Article 20(3), and Article 61(1) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect on the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force. |
3. The delegation of power referred to in Article 4, Article 9(1), second subparagraph, Article 11(4), Article 20(3), and Article 60(1) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect on the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force. |
Amendment 217
Proposal for a regulation
Article 68 – paragraph 1
Text proposed by the Commission |
Amendment |
Member States shall lay down the rules on penalties applicable to infringements of this Regulation and shall take all measures necessary to ensure that they are implemented. The penalties provided for shall be effective, proportionate and dissuasive , taking into account the extent of non-compliance and the number of units of non-complying products placed on the Union market . Member States shall notify the Commission of those provisions by [one year after the date of application of this Regulation] at the latest and shall notify it without delay of any subsequent amendment affecting them. |
Member States shall lay down the rules on penalties applicable to infringements of this Regulation and shall take all measures necessary to ensure that they are implemented. The penalties provided for shall be effective, proportionate and dissuasive. Member States shall notify the Commission of those provisions by [one year after the date of application of this Regulation] at the latest and shall notify it without delay of any subsequent amendment affecting them. |
Amendment 218
Proposal for a regulation
Article 68 – paragraph 1 a (new)
Text proposed by the Commission |
Amendment |
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When determining the type and level of penalties to be imposed in the event of infringements, the competent authorities of the Member States shall give due regard to the following criteria: |
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Amendment 219
Proposal for a regulation
Article 68 – paragraph 1 b (new)
Text proposed by the Commission |
Amendment |
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The Member States shall at least be able to impose the following penalties in the event of infringements of this Regulation: |
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Amendment 220
Proposal for a regulation
Article 69 – title
Text proposed by the Commission |
Amendment |
Evaluation |
Monitoring and evaluation |
Amendment 221
Proposal for a regulation
Article 69 – paragraph -1 (new)
Text proposed by the Commission |
Amendment |
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-1. The Commission shall compile relevant data on products and product groups subject to ecodesign requirements, including on their life-cycle, environmental, carbon and material footprints with a view to evaluating the improvements of the environmental sustainability of those products. On the basis of those data, the Commission shall publish an annual report. |
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The Commission shall regularly, and at least once every 3 years following the adoption of ecodesign requirements, conduct an evaluation of such requirements, with a view to identifying the need for potential reviews. |
Amendment 222
Proposal for a regulation
Article 69 – paragraph 1
Text proposed by the Commission |
Amendment |
No sooner than [ 8 years after the date of application of this Regulation], the Commission shall carry out an evaluation of this Regulation and of its contribution to the functioning of the internal market and the improvement of the environmental sustainability of products. The Commission shall present a report on the main findings to the European Parliament, the Council, the European Economic and Social Committee, and the Committee of the Regions. Member States shall provide the Commission with the information necessary for the preparation of that report. |
No later than [ 6 years after the date of application of this Regulation] , and every 6 years thereafter , 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 also evaluate the use of exemptions for imported second-hand products or product groups provided for in delegated acts adopted pursuant to Article 4 this Regulation. |
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No later than [insert the date 4 years after the date of application of this Regulation], the Commission shall consider the inclusion of social sustainability and due diligence requirements within the scope of this Regulation. |
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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 , and make it publicly available . Member States shall provide the Commission with the information necessary for the preparation of that report. |
Amendment 223
Proposal for a regulation
Article 69 a (new)
Text proposed by the Commission |
Amendment |
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Article 69a |
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Remedies for lack of compliance |
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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. |
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2. The marketing or offering for 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. |
Amendment 224
Proposal for a regulation
Article 69 b (new)
Text proposed by the Commission |
Amendment |
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Article 69b |
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Amendment to Directive (EU) 2020/1828 |
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