Changes from plenary report to adopted text

Article 7 – paragraph 5 – subparagraph 1 – point a: (a) the International Union of Pure and Applied Chemistry (IUPAC) name of the substances of concern present in the product, including the chemical identification number, that is the European Inventory of Existing Commercial Chemical Substances (EINECS) or European List of Notified Chemical Substances (ELINCS) number or Chemical Abstract Service (CAS) number;

Article 7 – paragraph 5 – subparagraph 1 – point d: (d) relevant instructions for the safe use of the product and the environmentally sound management of the product at the end of its life;

Article 7 – paragraph 5 – subparagraph 1 – point e: (e) information relevant for disassembly and preparation for reuse.

Article 7 – paragraph 5 – subparagraph 3: Exemptions referred to in the second subparagraph, point (c), may be provided based on the technical feasibility or relevance of tracking 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.

Article 7 – paragraph 6 – subparagraph 2 – point e: (e) in a user manual or other documentation accompanying the product;

Article 7 – paragraph 6 – subparagraph 3: 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.

Article 7 – paragraph 6 – subparagraph 3 a (new): Information relevant for an informed purchasing decision shall be provided to consumers prior to the purchase of a product.

Article 7 – paragraph 7 a (new): 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 Council1a. / 1a Directive (EU) 2019/882 of the European Parliament and of the Council of 17 April 2019 on the accessibility requirements for products and services (OJ L 151, 7.6.2019, p. 70).

Article 8 – paragraph 1: 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.

Article 8 – paragraph 2 – point a: (a) the information to be included in the product passport pursuant to Annex III with specific consideration for confidential business information.

Article 8 – paragraph 2 – point f: (f) the actors that shall have access to information in the product passport and to what information they shall have access, including customers, end-users, manufacturers, importers and distributors, dealers, professional repairers, independent operators, refurbishers, remanufacturers, recyclers, competent national authorities, civil society organisations, researchers, trade unions and the Commission, or any organisation acting on their behalf;

Article 8 – paragraph 2 – point g: (g) the actors that shall introduce or update the information in the product passport, including where needed the creation of a new product passport that shall be linked to the product passport or passports of the original product, and what information they may introduce or update, including manufacturers, professional repairers, independent operators, refurbishers, maintenance professionals, remanufacturers, recyclers, competent national authorities, and the Commission, or any organisation acting on their behalf, avoiding duplication of information and reporting;

Article 8 – paragraph 2 – point h: (h) the period during which the product passport shall remain available which shall correspond to at least the expected lifetime of a specific product.

Article 8 – paragraph 3 – point a: (a) ensure that actors along the value chain, can easily access product information relevant to them;

Article 9 – paragraph 1 – subparagraph 1 – point a: (a) it shall be connected through a data carrier to a unique product identifier which shall identify the product, independently of any product passport’s identifier and of any internet domain name;

Article 9 – paragraph 1 – subparagraph 1 – point d: (d) all information included in the product passport shall be based on open standards, developed with an inter-operable format and shall be machine-readable, structured, and searchable, and shall be transferable through an open inter-operable data exchange network without vendor lock-in in accordance with the essential requirements set out in Article 10;

Article 9 – paragraph 1 – subparagraph 1 – point d a (new): (da) personal data related to the end-user of the product shall not be stored in the product passport;

Article 9 – paragraph 3: 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.

Article 10 – paragraph 1 – point a a (new): (aa) product passports shall be interoperable with existing product databases, such as the Substances of Concern In articles, as such or in complex objects (Products) (SCIP) database and the European Product Registry for Energy Labelling (EPREL) database, whenever feasible and relevant;

Article 10 – paragraph 1 – point b: (b) customers, end-users, manufacturers, importers and distributors, dealers, professional repairers, independent operators, refurbishers, remanufacturers, recyclers, competent national authorities, civil society organisations, trade unions and other relevant actors shall have free of charge and easy access to the product passport based on their respective access rights set out in the applicable delegated act adopted pursuant to Article 4;

Article 10 – paragraph 1 – point b a (new): (ba) product passports shall be designed and operated so that they are user-friendly;

Article 10 – paragraph 1 – point c: (c) the data included in the product passport shall be stored by the economic operator responsible for its creation or by operators authorised to act on their behalf;

Article 12 a (new): Article 12a / Comparison Platform / 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).

Article 14 – paragraph 1 – point b: (b) the layout of the label ensuring visibility and legibility;

Article 14 – paragraph 1 – point c: (c) the manner in which the label shall be displayed to customers including in case of distance selling, taking into account the requirements set out in Article 26, the requirements set out in Directive (EU) 2019/882, and the implications for the relevant economic operators;

Article 14 – paragraph 2: 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.

Article 15 – paragraph 1: 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.

Article 16 – paragraph 1 – point c: (c) the distribution of the climate and environmental impacts, energy use, resource use and waste generation across the value chain;

Article 16 – paragraph 2 – subparagraph 1: 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.

Article 16 – paragraph 2 – subparagraph 2: 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.

Article 16 – paragraph 2 – subparagraph 2 a (new): The Commission shall present the draft working plan and its updates to the European Parliament before their adoption.

Article 16 – paragraph 2 – subparagraph 2 b (new): 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: / - iron, steel / - aluminium / - textiles, notably garments and footwear / - furniture, including mattresses / - tyres / - detergents / - paints / - lubricants / - chemicals / - energy related products, the implementing measures for which need to be revised or newly defined / - ICT products and other electronics.

Article 16 – paragraph 2 – subparagraph 2 c (new): 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.

Article 17 – paragraph 1: The Commission shall ensure that when it conducts its activities, it observes a balanced participation of Member States’ representatives and all interested parties involved with the product or product group in question, such as industry, including SMEs, 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.

Article 17 – paragraph 1 a (new): 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.

Article 17 – paragraph 2 a (new): 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.

Article 17 – paragraph 2 b (new): 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.

Article 17 – paragraph 2 c (new): 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.

Article 18 – paragraph 1: 1. Two or more economic operators may submit a self-regulation measure establishing ecodesign requirements for products to the Commission as an alternative to a delegated act adopted pursuant to Article 4, 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.

Article 18 – paragraph 2 – subparagraph 1 – introductory part: The self-regulation measure submitted pursuant to paragraph 1 shall contain the following information:

Article 18 – paragraph 2 – subparagraph 1 – point b: (b) the ecodesign requirements, as set out in Article 5, applicable to products covered by the self-regulation measure;

Article 18 – paragraph 2 – subparagraph 1 – point d: (d) rules on information to be reported by signatories and rules on testing and inspections;

Article 18 – paragraph 2 – subparagraph 1 – point d a (new): (da) rules on the consequences of the non-compliance of a signatory;

Article 18 – paragraph 2 – subparagraph 1 – point d b (new): (db) an explanation as to how the self-regulation measure submitted pursuant to paragraph 1 improves the environmental sustainability of products in line with the objectives of this Regulation and ensures the free movement in the internal market more quickly or at a lesser expense than a delegated act adopted pursuant to Article 4.

Article 18 – paragraph 2 – subparagraph 2: 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.

Article 18 – paragraph 3 – subparagraph 1 – introductory part: 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:

Article 18 – paragraph 3 – subparagraph 1 – point a: (a) the self-regulation measure contributes to improving the environmental sustainability of products in line with the objectives of this Regulation and ensuring the free movement in the internal market more quickly or at a lesser expense than a delegated act adopted pursuant to Article 4;

Article 18 – paragraph 3 – subparagraph 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).

Article 18 – paragraph 4: 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.

Article 18 – paragraph 5: 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.

Article 18 – paragraph 6: 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.

Article 19 – paragraph 1: 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.

Article 19 – paragraph 2: 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.

Article 19 – paragraph 3 – subparagraph 1: 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.

Article 19 – paragraph 3 – subparagraph 2: 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.

Article 19 – paragraph 3 – subparagraph 3 – point a: (a) financial support, including by giving fiscal advantages, enabling participation in the Ecodesign Forum, providing physical and digital infrastructure investments;

Article 20 – paragraph 1 – subparagraph 1 – point a: (a) the number and percentage of unsold consumer products discarded per year, differentiated per type or category of products;

Article 20 – paragraph 1 – subparagraph 1 – point c: (c) the delivery of discarded products to donation, preparing for re-use, remanufacturing, recycling, energy recovery and disposal operations in accordance with the waste hierarchy as defined by Article 4 of Directive 2008/98/EC.

Article 20 – paragraph 1 – subparagraph 2: 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.

Article 20 – paragraph 2 – subparagraph 1: 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.