Changes from plenary report to adopted text

Article 69 – title: Monitoring and evaluation

Article 69 – paragraph -1 (new): -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. / 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.

Article 69 – paragraph 1: 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. / 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. / 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.

Article 69 a (new): Article 69a / Remedies for lack of compliance / 1. In the event of non-compliance of a product with ecodesign requirements, the product shall be considered to be in nonconformity with the sales contract, in the meaning of the Article 5 of the Directive (EU) 2019/771, and shall give consumers the right to a remedy under the conditions set out in Article 13 of this Directive, independently of the expiry of the time limits as defined by Article 10 of this Directive. / 2. 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.

Article 69 b (new): Article 69b / Amendment to Directive (EU) 2020/1828 / Point (27) of Annex I to Directive (EU) 2020/1828 of the European Parliament and of the Council1a shall be replaced by the following: / ‘(27) Regulation (EU) .../... of the European Parliament and of the Council ... on establishing a framework for setting ecodesign requirements for sustainable products and repealing Directive 2009/125/EC.’ / 1a Directive (EU) 2020/1828 of the European Parliament and of the Council of 25 November 2020 on representative actions for the protection of the collective interests of consumers and repealing Directive 2009/22/EC (OJ L 409, 4.12.2020, p. 1).

Annex I – paragraph 1 – introductory part: The following parameters shall, as appropriate, and where necessary supplemented by others, be used, individually or combined, as a basis for improving the product aspects referred to in Article 5(1):

Annex I – paragraph 1 – point b: (b) ease of repair and maintenance, while taking into consideration product safety, as expressed through: characteristics, availability, delivery time and affordability of spare parts, modularity, compatibility with commonly available tools and spare parts, availability of repair and maintenance instructions, number of materials and components used, use of standard components, use of component and material coding standards for the identification of components and materials, number and complexity of processes and whether specialised tools are needed, ease of non-destructive disassembly and re-assembly, conditions for access to product data, conditions for access to or use of hardware and software needed;

Annex I – paragraph 1 – point d: (d) ease, quality and economic viability of recycling as expressed through: use of easily recyclable materials, safe, easy and non-destructive access to recyclable components and materials or components and materials containing hazardous substances and material composition and homogeneity, possibility for high-purity sorting, design for recycling, number of materials and components used, use of standard components, use of component and material coding standards for the identification of components and materials, number and complexity of processes and tools needed, ease of non-destructive disassembly and re-assembly, conditions for access to product data, conditions for access to or use of hardware and software needed;

Annex I – paragraph 1 – point e: (e) avoidance of technical solutions detrimental to re-use, upgrading, repair, maintenance, refurbishment, remanufacturing and recycling of products and components, while taking into consideration product safety;

Annex I – paragraph 1 – point e a (new): (ea) avoidance of premature obsolescence;

Annex I – paragraph 1 – point f: (f) use of substances, and in particular the use of substances of concern, on their own, as constituents of substances or in mixtures, during the production process of products, or leading to their presence in products, including once these products become waste;

Annex I – paragraph 1 – point h a (new): (ha) use or content of sustainably sourced renewable materials;

Annex I – paragraph 1 – point h b (new): (hb) use or content of critical raw materials:

Annex I – paragraph 1 – point m a (new): (ma) the material footprint of the product;

Annex I – paragraph 1 – point n: (n) microplastic and nanoplastic release;

Annex I – paragraph 1 – point p: (p) amounts of waste generated, including plastic waste and packaging waste and their ease of re-use, ease of recycling and amounts of hazardous waste generated;

Annex I – paragraph 1 – point q: (q) conditions for use, including the environmental impact and benefits during use;

Annex I – paragraph 1 – point q a (new): (qa) impacts on human health;

Annex I – paragraph 1 – point q b (new): (qb) secure and sustainable supply of raw materials.

Annex II – paragraph 1 – introductory part: Performance requirements shall contribute to achieving the objectives mentioned in Article 5(4), point (a), and take into account the results of the relevant impact assessments. The performance requirements shall be set as follows:

Annex II – paragraph 1 – point 1 – paragraph 2: The technical, environmental and economic analysis shall also identify, for the parameter under consideration, the best-performing products and technologies available on the market as well as expected technology improvements. It shall also take into account existing sectoral roadmaps as set out in Regulation (EU) 2021/1119.

Annex II – paragraph 1 – point 1 – paragraph 4: Based on this analysis, and taking into account the adverse effects on human health and the environment of the product over its life cycle, planetary boundaries, the economic and technical feasibility, including the availability of key resources and technologies, as well as the potential for improvement, levels or non-quantitative requirements shall be defined.

Annex VI – paragraph 1 – point 8: (8) implementation dates, any staged or transitional measure or periods, in particular taking into consideration the needs of micro-enterprises and SMEs or on specific product groups manufactured primarily by micro-enterprises and SMEs;

Annex VII – paragraph 1 introductory wording: The following non-exhaustive list of indicative criteria shall be used to assess self-regulation measures as an alternative to a delegated act adopted pursuant to Article 4 of this Regulation:

Annex VII – paragraph 1 – point 2: Self-regulation measures must respond to the policy objectives of this Regulation and must be consistent with the economic and social dimensions of sustainable development. Self-regulation measures must have an integrated approach to the protection of the environment, interests of consumers, health,quality of life and economic interests.

Annex VII – paragraph 1 – point 4: The objectives defined by the signatories in their self-regulation measures must be set in clear, quantifiable and unambiguous terms, starting from a well-defined baseline. If the self-regulation measure covers a long time-span, interim targets must be included. It must be possible to monitor compliance with objectives and interim targets in an affordable and credible way using clear and reliable indicators.

Annex VII – paragraph 1 – point 5 – subpoint 1: With a view to ensuring transparency, self-regulation measures must be publicised, including online on a publicly accessible website of the Commission and via other electronic means of disseminating information.

Annex VII – paragraph 1 – point 5 – subpoint 2: Stakeholders including Member States, industry within the Union and in third countries, environmental NGOs and consumers’ associations must be invited to comment on a self-regulation measure.

Annex VII – paragraph 1 – point 6 – subpoint 4: Where a signatory does not comply with the requirements of the self-regulation measure, it must take corrective action. The independent inspector must notify the other signatories participating in the self-regulation measure of a lack of compliance by a signatory and of the corrective action the signatory intends to take. If the signatory has not undertaken sufficient corrective action within three months, it must be dismissed from the self-regulation measure.