Changes from report parliamentary committee draft to plenary report

AddedArticle 2 – paragraph 1 – point 28 – point b – indent 9 b (new): - specific restricted substances listed in Annex XVII of Regulation (EC) No 1907/2006.

AddedArticle 2 – paragraph 1 – point 35: (35) ‘ destruction’ means the intentional damaging or discarding of a product as waste with the exception of discarding for the only purpose of delivering a product for preparing for re-use, refurbishing or remanufacturing operations;

AddedArticle 2 – paragraph 1 – point 37: (37) ‘unsold consumer product’ means any consumer product fit for consumption or sale that has not been sold including surplus, excessive inventory, overstock and deadstock, including products returned by a consumer in view of their right of withdrawal in accordance with Article 9 of Directive (EU) 2011/83/EU;

AddedArticle 2 – paragraph 1 – point 46 a (new): (46a) ‘independent operator’ means a natural or legal person who is independent from the manufacturer and is directly or indirectly involved in the refurbishment, repair, maintenance or repurposing of the product, and includes waste management operators, refurbishers, repairers, manufacturers or distributors of repair equipment, tools or spare parts, as well as publishers of technical information, operators offering inspection and testing services and operators offering training for installers, manufacturers and repairers of equipment;

AddedArticle 2 – paragraph 1 – point 46 b (new): (46b) ‘professional repairer’ means a natural or legal person who provides repair or maintenance services for a product, irrespective of whether that person acts within the manufacturer’s distribution system or independently;

AddedArticle 2 – paragraph 1 – point 55: (55) ‘online marketplace’ means a provider of an intermediary service using an online interface which allows customers to conclude distance contracts with economic operators for the sale of products covered by delegated acts adopted pursuant to Article 4;

AddedArticle 2 – paragraph 3 a (new): 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 apply1a. / 1a Directive 2012/19/EU of the European Parliament and of the Council of 4 July 2012 on waste electrical and electronic equipment (WEEE) (OJ L 197, 24.7.2012, p. 38).

AddedArticle 2 – paragraph 4 a (new): 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.

AddedArticle 4 – paragraph 1: The Commission is empowered to adopt delegated acts in accordance with Article 66 to supplement this Regulation by establishing ecodesign requirements for, or in relation to, products to improve their environmental sustainability. Those requirements shall include the elements listed in Annex VI and shall be established in accordance with Articles 5, 6 and 7 and Chapter III. The empowerment to adopt ecodesign requirements includes the power to establish that no performance requirements, no information requirements or that in exceptional cases neither performance nor information requirements are necessary for certain specified product parameters referred to in Annex I.

AddedArticle 4 – paragraph 1 – subparagraph 1 a (new): 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: / (a) it is relevant to exempt a given imported second-hand product or product group on account of the substantial share that it represents on the relevant Union second-hand product market and the genuine consumer demand that it responds to; and / (b) such an exemption would not undermine the achievement of the objectives of this Regulation and the broader application of ecodesign requirements on the relevant Union product market; and / (c) the resource savings due to the placing on the market of the imported second-hand product or product group outweigh the benefits of the ecodesign requirements for new products or product groups.

AddedArticle 4 – paragraph 2: 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.

AddedArticle 4 – paragraph 3 – point c a (new): (ca) specifying the methodology to assess the reparability of a product, define the classes of performance to be displayed by the reparability score, and define the product categories to which the reparability score shall apply;

AddedArticle 5 – paragraph 1 – point g: (g) presence of substances of concern in products;

Article 5 – paragraph 1 – point k: (k) possibility of remanufacturing;

Article 5 – paragraph 1 – point k a (new): (ka) possibility of recycling;

Change 4

RemovedArticle 5 – paragraph 1 – point n a (new): (na) social sustainability and due diligence;

Added5

Change 5

ChangedArticle 5 – paragraph 2 – subparagraph 2: 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 requirements.requirement.

Change 6

RemovedArticle 5 – paragraph 2 – subparagraph 3: A horizontal ecodesign requirement established pursuant to the second subparagraph may cover products falling in the scope of an existing self-regulation measure, where the Commission considers that that self-regulation measure does not address the product aspect covered by that horizontal ecodesign requirement.

AddedArticle 5 – paragraph 4 – introductory part: 4. When preparing ecodesign requirements, the Commission shall ensure consistency and avoid conflicting requirements with other Union legislation and shall:

RemovedArticle 5 – paragraph 4 – introductory part: When preparing ecodesign requirements, the Commission shall ensure consistency and avoiding conflicting or duplicating requirements with other Union legislation and shall:

AddedArticle 5 – paragraph 4 – point a – point i: (i) Union objectives concerning: / - the climate, in particular the objective to achieve climate neutrality at the latest by 2050 as set out in Regulation (EU) 2021/1119; / - the environment, including biodiversity, resource efficiency and security and reduction of the environmental, material and consumption footprints, and staying within the planetary boundaries as set out in the 8th Environmental Action Programme; / - non-toxicity; / - energy efficiency; and / - other related Union objectives;

RemovedEcodesign Requirements should ensure regulatory consistency with other EU policies and legislations, by avoiding overlaps and ensuring harmonization.

AddedArticle 5 – paragraph 4 – point a – point ii: (ii) relevant Union legislation, including the extent to which it addresses the relevant product aspects listed in paragraph 1 and the do no significant harm principle within the meaning of Article 17 of Regulation (EU) 2020/852;

RemovedArticle 5 – paragraph 4 – point a – point i: (i) Union objectives in the fields of: / - climate, including the objective to achieve climate neutrality at the latest by 2050; / - environment and biodiversity; / - energy efficiency / - resource security and in particular the objective to reduce the overall material and consumption footprint, including embodied emissions in materials; and / - other related Union objectives;

AddedArticle 5 – paragraph 4 – point a – point ii a (new): (iia) relevant international agreements;

RemovedThe ecodesign requirements to be established under EU legal acts should be guided with clear objectives to avoid being set at inadequate level.

AddedArticle 5 – paragraph 4 – point a – point v a (new): (va) prioritisation of measures in accordance with the waste hierarchy laid down in Directive 2008/98/EC;

RemovedArticle 5 – paragraph 4 – point a – point iii: (iii) any existing self-regulation measures;

AddedArticle 5 – paragraph 4 – point b: (b) carry out an impact assessment based on best available evidence and analyses, and as appropriate on additional studies and research results produced under European funding programmes. The establishment of ecodesign requirements on the product aspects listed in paragraph 1 shall not be unduly delayed by uncertainties regarding the possibility to establish ecodesign requirements to improve other aspects of that product. In the impact assessments, the Commission shall: / (i) ensure that all the product aspects listed in paragraph 1 are analysed and that the depth of analysis of the product aspects listed in paragraph 1 is proportionate to their significance; / (ii) ensure that trade-offs between the different product aspects listed in paragraph 1 are analysed; / (iii) provide an assessment of the expected reduction of the environmental, carbon and material footprints by the new ecodesign requirements; / (iv) provide an assessment of the fulfilment of criteria established in Article 4, second paragraph, on imported second-hand products, where relevant; / (v) provide an assessment of any relevant impacts on human health; / (vi) provide an assessment of the minimum level of performance of a product or a product group, that needs to be potentially attained in the future in order for that product or product group to be in line with the Union’s objectives as listed in paragraph 4, point (a)(i); / Where appropriate, the impact assessment shall also be used to support the setting of…

RemovedArticle 5 – paragraph 4 – point b: (b) carry out an impact assessment based on best available evidence and analyses, and as appropriate on additional studies and research results produced under European funding programmes. The establishment of ecodesign requirements on the product aspects listed in paragraph 1 shall not be unduly delayed by uncertainties regarding the possibility to establish ecodesign requirements to improve other aspects of that product. In the impact assessments, the Commission shall: / (i) ensure that all the product aspects listed in paragraph 1 are analysed; / (ii) ensure that the depth of analysis of the product aspects listed in paragraph 1 is proportionate to their significance; / (iii) ensure that trade-offs between the different product aspects listed in paragraph 1 are analysed;

AddedArticle 5 – paragraph 4 – point c a (new): (ca) take into consideration the protection of confidential business information;

RemovedWhen it comes to the setting of specific ecodesign requirements the Commission should identify the most appropriate parameters to improve sustainability, while ensuring that trade offs between the different product aspects are analysed.

AddedArticle 5 – paragraph 4 – point c b (new): (cb) take into consideration any feedback provided by public consultations;

Change 7

ChangedArticle 5 – paragraph 5 – point c:a: (c)(a) there shall be no significant negative impact on consumers in terms of the affordability of relevant products, also taking into accountfunctionality accessor tosafety second-handof products,the durabilityproduct, andfrom the life cycle costperspective of products, including societal costs where evidence isthe available;user;

Change 8

RemovedWhen establishing ecodesign requirements the Commission should also take into account the societal costs along the life cycle of the products, notably in relation to the use of resources, energy and other consumables and the related human health and environmental impacts.

AddedArticle 5 – paragraph 5 – point c: (c) there shall be no significant negative impact on consumers in terms of the affordability of relevant products, also taking into account access to second-hand products, including imported second-hand products, durability and the life cycle cost of products;

Change 9

ChangedArticle 5 – paragraph 8: 8.5 The– Commissionpoint shalld: publish(d) relevantthere studiesshall andbe analyses,no includingdisproportionate thenegative impact assessments referred to in paragraph 4, point (b), used inon the establishmentcompetitiveness of ecodesigneconomic requirementsactors, in accordanceparticular withof thismicro-enterprises Regulation.and SMEs;

Change 10

AddedArticle 5 – paragraph 5 – point f: (f) there shall be no disproportionate administrative burden on manufacturers or other economic actors, in particular for micro-enterprises and SMEs;

AddedArticle 5 – paragraph 5 – point f a (new): (fa) there shall be sufficient time given to manufacturers or other economic actors to adjust to the new requirements, particularly taking into consideration the needs of micro-enterprises and SMEs.

AddedArticle 5 – paragraph 8: 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.

AddedArticle 5 a (new): Article 5a / Durability and reparability of products / 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. / 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.

Article 6 – paragraph 2 – introductory part: 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:

Change 11

RemovedWhen it comes to the setting of specific ecodesign requirements the Commission should identify the most appropriate parameters to improve sustainability, while ensuring that trade offs between the different product aspects are analysed.

AddedArticle 6 – paragraph 3: 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.

RemovedArticle 7 – paragraph 2 – point b – introductory part: unless not applicable, require products to be accompanied by:

AddedArticle 7 – paragraph 2 – point b – paragraph 1 – point ii: (ii) clear and easily understandable information for consumers and other end-users on how to install, use, maintain and repair the product in order to minimise its impact on the environment and to ensure optimum durability, as well as on how to return or dispose of the product at end-of-life;

Change 12

ChangedArticle 7 – paragraph 2 – point b – subparagraphparagraph 1 – point ii:ii (ii)a (new): (iia) clear and easily understandable information for consumers and other end-users on how to install, use, maintain and repair the product in order to minimise its impact on the environment and to ensure optimum durability, as well asend-users, on how to return or dispose of theinstall productthird-party atoperating end-of-life;systems;

Change 13

ChangedArticle 7 – paragraph 2 – point b – subparagraphparagraph 1 – point ii ab (new): (iia)(iib) relevant information onfor socialproviders aspectsof repair and duerefurbishment diligenceservices aspects;and operators involved in preparing for reuse, reuse, repair and disassembly;

Article 7 – paragraph 4 – subparagraph 2: 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.

Change 14

RemovedIt is important that classes of performance, are designed on top of minimum Ecodesign performance requirements and do not substitute the latter.

AddedArticle 7 – paragraph 4 a (new): 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. / 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.

RemovedArticle 7 – paragraph 5 – subparagraph 1 – point e: (e) information relevant for disassembly and other preparatory operations, recycling and other recovery and disposal.

AddedArticle 7 – paragraph 5 – subparagraph 1 – introductory part: 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:

RemovedArticle 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. / All other information relevant for a purchasing decision shall be provided to consumers, prior to the purchase of a product, either on the product’s packaging, in the digital product passport referred to in Article 8, on a label as referred to in Article 14 or on a free access website of application, as appropriate.

AddedArticle 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;

RemovedInformation essential to consumer health and rights must be available in physical form with the product, not only hidden away on a digital tool.

AddedArticle 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;

RemovedArticle 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 digital product passport shall be accurate, complete and up to date.

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