Changes from report parliamentary committee draft to plenary report

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

AddedArticle 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.

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

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

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

AddedArticle 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.

RemovedArticle 8 – paragraph 4 – point b: (b) other Union law includes a system for the digital provision of information related to a product group for which the Commission considers that it achieves the objectives referred to in paragraph 3, points (a) and (b); i n such a case a link between the digital product passport and the relevant database shall be developed to make sure that all relevant information is made available.

AddedArticle 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.

RemovedThe information displayed in the Digital Product Passport should, where possible, be drawn directly from the legally mandated EU databases to achieve time efficiency.

AddedArticle 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).

Change 15

ChangedArticle 108 – paragraph 11: –1. pointThe a:information (a)requirements productreferred passportsto in Article 7(1) shall provide that products can only be fullyplaced interoperableon withthe othermarket or put into service if a product passportspassport requiredis byavailable in accordance with the applicable delegated actsact adopted pursuant to Article 4 inand relationArticles to9 theand technical,10. semanticThe andinformation organisationalin aspectsthe ofproduct end-to-endpassport communicationshall andbe dataaccurate, transfercomplete and with existingup productto databases;date.

Change 16

RemovedThe information displayed in the Digital Product Passport should, where possible, be drawn directly from the legally mandated EU databases to achieve time efficiency.

AddedArticle 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.

Change 17

ChangedArticle 108 – paragraph 12 – point b:f: (b)(f) consumers,the economicactors operators,that repairers,shall includinghave independentaccess repairers,to preparation-for-reuseinformation andin re-usethe operators,product wastepassport managementand operators,to civilwhat societyinformation organisations,they publicshall authoritieshave andaccess, otherincluding relevantcustomers, actorsend-users, shallmanufacturers, haveimporters accessand freedistributors, ofdealers, chargeprofessional torepairers, theindependent productoperators, passportrefurbishers, basedremanufacturers, onrecyclers, theircompetent respectivenational accessauthorities, rightscivil setsociety outorganisations, inresearchers, trade unions and the applicableCommission, delegatedor actany adoptedorganisation pursuantacting toon Articletheir 4;behalf;

Change 18

AddedArticle 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;

AddedArticle 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.

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

AddedArticle 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;

AddedArticle 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;

AddedArticle 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;

AddedArticle 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.

AddedArticle 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;

AddedArticle 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;

AddedArticle 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;

Change 19

RemovedArticle 10 – paragraph 1 – point h: (h) product passports shall be designed and operated so that a high level of security and privacy is ensured in particular for proprietary information, and fraud is avoided.

AddedArticle 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).

RemovedBusiness sensitive information should be protected to avoid putting the competitiveness of economic actors at risk and to avoid unfair competition

RemovedArticle 10 – paragraph 1 – point h a (new): (ha) the information shall be accurate, complete and up to date;

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

Change 20

ChangedArticle 14 – paragraph 2: 2. Where1 an– informationpoint requirementc: entails(c) the inclusionmanner in a label ofwhich the class of performance of alabel productshall asbe referreddisplayed to in Articlecustomers 7(4),including thein layoutcase of the labeldistance referredselling, totaking ininto paragraphaccount 1,the pointrequirements (b),set shallout bein clearArticle and26, easilythe understandable,requirements enablingset customersout toin easilyDirective compare(EU) product2019/882, performanceand inthe relationimplications tofor the relevant product parameter and to choose better performingeconomic products.operators;

Change 21

RemovedArticle 16 – paragraph 2 – subparagraph 1: The Commission shall make the working plan and all relevant preparatory documents publicly available. 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.

AddedArticle 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.

RemovedArticle 16 – paragraph 2 – subparagraph 2 a (new): The Commission shall present the draft working plans to the European Parliament before their adoption.

AddedArticle 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.

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

AddedArticle 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;

RemovedIt is important that the Regulation already provides an indication of the product groups that should be prioritised for Ecodesign requirements, in particular bearing in mind their potential contribution to achieving Union climate, environmental, resource security and energy efficiency objectives.

AddedArticle 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.

RemovedArticle 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, trade unions and associations, traders, retailers, importers, environmental protection groups and organisations, and consumer organisations.

AddedArticle 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.

Change 22

ChangedArticle 1716 – paragraph 12 – subparagraph 2 a (new): The parties referredCommission toshall inpresent the firstdraft paragraphworking shallplan contributeand inits particularupdates to preparing ecodesign requirements and examining the effectiveness of theEuropean establishedParliament marketbefore surveillancetheir mechanisms.adoption.

Change 23

RemovedArticle 17 – paragraph 2 a (new): The Ecodesign Forum shall carry out its tasks in full transparency. The Commission shall publish the minutes of the meetings of the Ecodesign Forum and all other relevant documents on the Commission website. 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.

AddedArticle 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.

RemovedArticle 18 – Title: deleted / (deleted)

AddedArticle 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.

RemovedGiven the limited successes of self-regulation measures until now, it is appropriate to rather focus on the setting of ecodesign requirements for product groups through delegated acts, while maintaining in place existing self-regulation measures adopted under Directive 2009/125/EC.

AddedArticle 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.

RemovedArticle 18 – paragraph 1: deleted

AddedArticle 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.

RemovedArticle 18 – paragraph 2: deleted / (deleted) / (deleted) / (deleted) / (deleted) / (deleted)

AddedArticle 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.

RemovedArticle 18 – paragraph 3: deleted / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted)

AddedArticle 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.

RemovedArticle 18 – paragraph 4: deleted

AddedArticle 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.

RemovedArticle 18 – paragraph 5: deleted

AddedArticle 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.

RemovedArticle 18 – paragraph 6: deleted

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