Changes from report parliamentary committee draft to plenary report

RemovedArticle 20 – paragraph 3 – subparagraph 2 – point b: deleted

AddedArticle 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;

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

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

AddedArticle 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.

AddedArticle 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.

AddedArticle 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:

AddedArticle 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;

AddedArticle 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).

AddedArticle 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.

AddedArticle 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.

AddedArticle 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.

AddedArticle 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.

AddedArticle 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.

AddedArticle 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.

AddedArticle 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.

AddedArticle 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;

AddedArticle 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;

AddedArticle 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.

AddedArticle 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.

AddedArticle 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.

AddedArticle 20 – paragraph 3 – subparagraph 1: 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.

AddedArticle 20 – paragraph 3 – subparagraph 1 a (new): 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.

AddedArticle 20 – paragraph 3 – subparagraph 2 – point a: (a) health, hygiene and safety concerns;

AddedArticle 20 – paragraph 3 – subparagraph 2 – point b: (b) damage to products that cannot be repaired in a cost-effective manner as a result of their handling or detected after a product has been returned;

Article 20 – paragraph 3 – subparagraph 2 – point c: deleted

Article 20 – paragraph 3 – subparagraph 2 – point d a (new): (da) counterfeit products.

Change 24

RemovedCounterfeit products are unlikely to meet the chemical specifications of genuine products and so recycling them could contaminate recycling streams. Additionally, counterfeit products should be included in the exceptions as in some cases,depending on the nature of the IP, recycling is not allowed, and the destruction is required.

AddedArticle 20 – paragraph 5 – subparagraph 1 – point a: (a) the number and percentage of unsold consumer products destroyed;

Change 25

ChangedArticle 20 – paragraph 6 –a subparagraph(new): 1:6a. ThisThe ArticleCommission shall notprovide applyeconomic operators with sufficient time to smalladjust enterprisesto ornew microenterprises.requirements.

Change 26

RemovedThere is no reason why medium enterprises should be exempted from the prohibition to destroy functional and compliant products. It should be part of the assistance by national authorities to medium enterprises to help them find a solution, as referred to in art 19.In addition, exempting medium enterprises create major loophole risks if transactions are made with them in order to derogate to the prohibition

AddedArticle 20 a (new): Article 20a / 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: / (a) textiles and footwear; / (b) electrical and electronic equipment. / 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: / (a) health, hygiene and safety concerns; / (b) damage to products that cannot be repaired in a cost-effective manner as a result of their handling or detected after a product has been returned; / (c) refusal of products for donation, preparing for re-use or remanufacturing; / (d) counterfeit products. / 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: / (a) the number and percentage of unsold products destroyed; / (b) the reasons for the destruction of the unsold products, referring to the applicable exemption; / (c) the delivery of the products destroyed to recycling, energy recovery and disposal operations in accordance with the waste hierarchy as defined by Article 4 of Directive 2008/98/EC. / The details of and format for the disclosure of information provided for in the im…

RemovedArticle 20 – paragraph 6 – subparagraph 2 – point a: deleted

AddedArticle 21 – paragraph 3: 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.

RemovedArticle 20 – paragraph 6 – subparagraph 2 – point b: (b) microenterprises and small enterprises where there is sufficient evidence that they may be used to circumvent the prohibition to destroy unsold consumer products referred to in paragraph 3 or the disclosure obligation referred to in paragraph 4.

AddedArticle 21 – paragraph 7: 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.

RemovedThere is no reason why medium enterprises should be exempted from the prohibition to destroy functional and compliant products. It should be part of the assistance by national authorities to medium enterprises to help them find a solution, as referred to in art 19.In addition, exempting medium enterprises create major loophole risks if transactions are made with them in order to derogate to the prohibition.

AddedArticle 21 – paragraph 7 a (new): 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.

RemovedArticle 20 a (new): Article 20a / 1. One year after the entry into force of this Regulation, the destruction of unsold consumer products by economic operators shall be prohibited for the following product categories: / (a) textiles; / (b) electronic appliances. / 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:: / (a) health and safety concerns; / (b) refusal of products for donation, preparing for re-use or remanufacturing; or / (c) counterfeit products. / 3. Where unsold consumer 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: / (a) the number of unsold consumer products destroyed; / (b) the reasons for their destruction, referring to the applicable exemption; / (c) the delivery of the products destroyed to recycling, energy recovery and disposal operations in accordance with the waste hierarchy as defined by Article 4 of Directive 2008/98/EC. / The details and format for the disclosure of information provided in the implementing act adopted pursuant to Article 20( 2) shall apply to the information to be disclosed pursuant to this paragraph. / 4. This Article shall not apply to small enterprises or microenterprises. Nevertheless, the Commission shall…

AddedArticle 21 – paragraph 7 b (new): 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.

RemovedThe destruction of unsold consumer products by economic operators should however be already prohibited for textiles and electronic appliances, given that ample evidence exists to demonstrate that the destruction of such products is taking place and is causing significant environmental impacts.

AddedArticle 21 – paragraph 7 c (new): 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.

Change 27

ChangedArticle 21 – paragraph 7:8 7.– subparagraph 1: Manufacturers shallwho ensureconsider or have reason to believe 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,they repairhas andbeen disposeplaced ofon the product in a language that can be easilymarket understoodor byput consumersinto andservice otheris end-users,not asin determinedconformity bywith the Member Staterequirements concerned.set Suchout instructionsin shallthose bedelegated clear,acts understandableshall andwithout legibleundue anddelay includetake atthe leastnecessary thecorrective informationmeasures specifiedto inbring thethat delegatedproduct actsinto adoptedconformity, pursuantor to Article 4immediately andwithdraw pursuantit toor Articlerecall 7(2)(b),it, pointif (ii).appropriate.

Change 28

RemovedArticle 25 a (new): Article 25a / Obligations of suppliers / The supplier of a substance or a mixture or the supplier of an article shall provide all the relevant information to the economic operator to facilitate its compliance with the performance and information requirements set out in Articles 6 and 7, respectively.

AddedArticle 21 – paragraph 8 a (new): 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. / 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.

RemovedAs the product manufacturers will be dependent on the information shared by component suppliers, it is important to ensure the appropriate accountability of supply chain actors for information requirements. Suppliers of product components or substances are best placed to provide sustainability information to manufacturers. The ESPR should, therefore, require suppliers to disclose to manufacturers all relevant information as required. This is also essential to protect smaller European manufacturers that do not have the negotiating power to induce suppliers into providing them the necessary information.

AddedArticle 21 – paragraph 9 – subparagraph 1: 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.

RemovedArticle 70 – paragraph 3 a (new): 3a. Directive 2009/125/EC shall continue to apply to voluntary agreements and to other self-regulation measures adopted before the entry into force of this Regulation until such measures expire or are repealed.

AddedArticle 22 – paragraph 2 – point d: (d) further to a request from a competent national authority, make available relevant documents as soon as possible and no later than within 15 days of the receipt of such a request;

RemovedThe experience with the self-regulations under Ecodesign and Energy Labelling policy has not achieved the expected results. In most cases the process was neither better and quicker and the level of ambition was not higher; Directive 2009/125/EC shall however continue to apply to voluntary agreements or other self-regulation measures adopted before the entry into force of this Regulation.

AddedArticle 23 – paragraph 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.

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

AddedArticle 23 – paragraph 6 – subparagraph 1: 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.

RemovedAnnex I – paragraph 1 – point b: (b) ease of repair and maintenance as expressed through: characteristics, availability and delivery time 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 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;

AddedArticle 23 – paragraph 8 – subparagraph 1: 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.

RemovedAnnex I – paragraph 1 – point d: (d) ease and quality 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;

AddedArticle 24 – paragraph 2 – point b: (b) the product is accompanied by the required documents and by instructions, to enable the consumer to assemble, install, operate, store, maintain, 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 in which the product is to be made available on the market, and that such instructions are clear, understandable and legible and include at least the information set out in Article 7(2), point (b), point (ii), as laid down in the delegated act adopted pursuant to Article 4; the obligations set in Article 21, paragraphs 7b and 7c, shall apply mutatis mutandis;

AddedArticle 25 – paragraph 3 – point c: (c) not provide or display other labels, marks, symbols or inscriptions that are likely to mislead or confuse customers with respect to the information included on the label regarding ecodesign requirements.

AddedArticle 25 a (new): Article 25a / Obligations of suppliers / 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.

AddedArticle 26 – paragraph 4 – point b: (b) not provide or display other labels, marks, symbols or inscriptions that are likely to mislead or confuse customers with respect to the information included on the label by mimicking mandatory labels or by providing information contradicting or inconsistent with mandatory labels. These restrictions shall not comprise the EU Ecolabel provided for in Regulation (EC) No 66/2010 and other nationally or regionally recognised EN ISO 14024 type 1-Ecolabels as referred to in that Regulation.