Changes from report parliamentary committee draft to plenary report

AddedArticle 29 – title: Obligations of online marketplaces

AddedArticle 29 – paragraph 1: 1. Online marketplaces shall cooperate, for the purposes of this Regulation, with the market surveillance authorities, at the request of the market surveillance authorities and in specific cases, to facilitate any action taken to eliminate or, if that is not possible, to mitigate the risks presented by a product that is or was offered for sale online through their services. / (deleted) / (deleted) / (deleted) / (deleted) / (deleted)

AddedArticle 29 – paragraph 2 – subparagraph 1: deleted

AddedArticle 29 – paragraph 2 – subparagraph 2: deleted

AddedArticle 29 – paragraph 2 – subparagraph 3: deleted

AddedArticle 29 – paragraph 3: 3. As far as powers conferred by Member States in accordance with Article 14 of Regulation (EU) 2019/1020 are concerned, Member States shall confer on their market surveillance authorities the power, as regards specific content referring to an offer of a non-compliant product with the requirements of this Regulation, to issue an order requiring the providers of online marketplaces to remove such content from their online interface, disable access to it or display an explicit warning to end-users when they access it. Such orders shall comply with [Article 8(1)] of Regulation (EU) …/… [the Digital Services Act].

AddedArticle 29 – paragraph 4: deleted

AddedArticle 29 – paragraph 5 – subparagraph 1: Online marketplaces shall establish or appoint an existing contact point as a single contact point allowing for direct communication with Member States’ market surveillance authorities in relation to compliance with this Regulation and the delegated acts adopted pursuant to Article 4 and enable consumers to communicate directly and rapidly with them in relation to ecodesign requirements.

AddedArticle 29 – paragraph 5 – subparagraph 2: This contact point may be the same contact point as the one referred to in [Article 20(1)] of Regulation (EU) …/… [the General Product Safety Regulation] or Article 11 of Regulation (EU) 2022/2065.

AddedArticle 30 – paragraph 1 – point c: (c) information allowing the identification of the product, including a picture of it, its type and any other product identifier.

AddedArticle 30 – paragraph 3 – subparagraph 1 – introductory part: When requiring, upon a reasoned request from a national competent authority, manufacturers, their authorised representatives or importers to make parts of the technical documentation related to the relevant product digitally available pursuant to Article 4, third subparagraph, point (a), the Commission shall take into account the following criteria:

AddedArticle 31 – paragraph 3 – subparagraph 1 – point a a (new): (aa) the need to ensure protection of data and data privacy;

AddedArticle 31 – paragraph 3 – subparagraph 2 – point a: (a) collecting the in-use data if it can be accessed remotely via the internet following explicit consent by the end-user in accordance with Regulation (EU) 2016/679 to make the data available;

AddedArticle 33 – paragraph 4 – subparagraph 1: Software or firmware updates shall not significantly worsen product performance in relation to any of the product parameters regulated in delegated acts adopted pursuant to Article 4 by which the products are covered or the functional performance from the perspective of the user when measured with the test method used for the conformity assessment, except with explicit consent of the end-user prior to the update. No performance change shall occur as a result of rejecting the update.

AddedArticle 35 – paragraph 1 – subparagraph 2: Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 67(3). Where a harmonised standard is adopted by a European standardisation organisation and proposed to the Commission for the publication of its reference in the Official Journal of the European Union, the Commission shall assess the harmonised standards in accordance with Regulation (EU) 1025/2012. When the reference of a harmonised standard is published in the Official Journal of the European Union, the Commission shall repeal the implementing acts or parts thereof containing the same ecodesign requirements.

AddedArticle 58 – paragraph 1: 1. Without prejudice to Directives 2014/24/EU and 2014/25/EU, requirements pursuant to Article 4, third subparagraph, point (h) for public contracts awarded by contracting authorities, as defined in Article 2(1) of Directive 2014/24/EU or Article 3(1) of Directive 2014/25/EU, or contracting entities, as defined in Article 4(1) of Directive 2014/25/EU, shall take the form of mandatory technical specifications, selection criteria, award criteria, contract performance clauses, or targets, as appropriate.

AddedArticle 58 – paragraph 1 a (new): 1a. Member States, together with the Commission, shall provide assistance to national contracting authorities to upskill and reskill staff in charge of green public procurement.

AddedArticle 58 – paragraph 2 – point b: (b) environmental benefits and the need to ensure sufficient demand for more environmentally sustainable products;

AddedArticle 59 – paragraph 1 – subparagraph 1: Without prejudice to Article 13 of Regulation (EU) 2019/1020, each Member State shall, at least every 2 years, draw up an action plan outlining the market surveillance activities planned to ensure that appropriate checks, including physical and laboratory checks based on adequate samples, are performed on an adequate scale in relation to this Regulation and the delegated acts adopted pursuant to Article 4. Each Member State shall draw up the first such action plan by [16 July 2024].

AddedArticle 59 – paragraph 1 – subparagraph 2 – point b: (b) the market surveillance activities planned in order to reduce or bring to an end non-compliance for those products or requirements identified as priorities, including the nature and minimum number of checks to be performed during the period covered by the action plan.

AddedArticle 59 – paragraph 2 – point b a (new): (ba) the number of complaints received from end-users, consumer organisations or other information received from economic operators or the media;

AddedArticle 59 – paragraph 3: 3. The nature and number of checks planned pursuant to paragraph 1, point (b), shall be proportionate to the objective criteria used to identify the priorities in line with paragraph 2. For product categories identified as representing a high risk of non-compliance, market surveillance authorities shall consider that those checks shall include physical and laboratory checks based on adequate samples.

AddedArticle 59 – paragraph 3 a (new): 3a. In order to carry out market surveillance in relation to this Regulation and to the delegated acts adopted pursuant to Article 4, Member States shall ensure that their market surveillance authorities have the necessary resources, including sufficient budgetary and other resources, such as a sufficient number of competent personnel, expertise, procedures and other arrangements for the proper performance of their duties.

AddedArticle 59 – paragraph 5 – subparagraph 1: The Commission may adopt delegated acts in accordance with Article 66 to supplement this Regulation by listing the products or requirements that Member States shall include as priorities for market surveillance pursuant to paragraph 1, point (a).

AddedArticle 59 – paragraph 5 – subparagraph 2: deleted

AddedArticle 60 – paragraph 1 – subparagraph 2 – point d: (d) where relevant, the priorities included in the delegated acts referred to in Article 59(5).

AddedArticle 61 – paragraph 1: 1. Market surveillance authorities shall enter into the information and communication system referred to in Article 34 of Regulation (EU) 2019/1020 information on the number and nature of checks performed, as well as the nature and severity of any penalty imposed in relation to non-compliance with this Regulation.

AddedArticle 61 – paragraph 3: 3. The Commission shall publish the report referred to in paragraph 2 of this Article in the information and communication system referred to in Article 34 of Regulation (EU) 2019/1020 and shall make public both a summary of the report and the report.

AddedArticle 62 – paragraph 2 – subparagraph 1 – point d a (new): (da) where appropriate, consult with stakeholders and experts.

AddedArticle 63 – paragraph 1 – subparagraph 2: Where, in the course of that evaluation, the market surveillance authorities find that the product does not comply with the requirements laid down in the applicable delegated acts adopted pursuant to Article 4, they shall without delay require the relevant economic operator to take appropriate and proportionate corrective action, within a reasonable period prescribed by the market surveillance authorities and commensurate with the nature and where relevant the degree of the non-compliance, to bring the non-compliance to an end. The corrective action required to be taken by the economic operator may include as a minimum the actions listed in Article 16(3) of Regulation (EU) 2019/1020.

AddedArticle 66 – paragraph 2: 2. The power to adopt delegated acts referred to in Article 4, Article 9(1), second subparagraph, Article 11(4), Article 20(3), and Article 61(1) shall be conferred on the Commission for a period of five years from [the date of entry into force of this act]. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.

AddedArticle 66 – paragraph 3: 3. The delegation of power referred to in Article 4, Article 9(1), second subparagraph, Article 11(4), Article 20(3), and Article 60(1) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect on the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.

AddedArticle 68 – paragraph 1: Member States shall lay down the rules on penalties applicable to infringements of this Regulation and shall take all measures necessary to ensure that they are implemented. The penalties provided for shall be effective, proportionate and dissuasive. Member States shall notify the Commission of those provisions by [one year after the date of application of this Regulation] at the latest and shall notify it without delay of any subsequent amendment affecting them.

AddedArticle 68 – paragraph 1 a (new): When determining the type and level of penalties to be imposed in the event of infringements, the competent authorities of the Member States shall give due regard to the following criteria: / (a) the nature, gravity and duration of the infringement, including the number of units of non-complying products placed on the Union market; / (b) where appropriate, the intentional or negligent character of the infringement; / (c) the financial strength of the natural or legal person held responsible, as indicated for example by the total turnover of the legal person held responsible or the annual income of the natural person held responsible; / (d) the economic benefits derived from the infringement by the natural or legal person held responsible, insofar as they can be determined; / (e) the damage to human health or the environment caused by the infringement, insofar as it can be determined; / (f) any action taken by the natural or legal person held responsible to mitigate or remedy the damage caused; / (g) the level of cooperation of the natural or legal person held responsible with the competent authority; / (h) previous infringements by the natural or legal person held responsible; / (i) any action aiming to circumvent or obstruct administrative controls and / (j) any other aggravating or mitigating factor applicable to the circumstances of the case.

AddedArticle 68 – paragraph 1 b (new): The Member States shall at least be able to impose the following penalties in the event of infringements of this Regulation: / (a) fines; / (b) confiscation of revenues gained by the natural or legal person from a transaction related to the infringement; / (c) exclusion from public procurement procedures.

AddedArticle 69 – title: Monitoring and evaluation

AddedArticle 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.

AddedArticle 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.

AddedArticle 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.

AddedArticle 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).

AddedAnnex 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):

AddedAnnex 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;

AddedAnnex 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;

AddedAnnex 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;

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

AddedAnnex 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;

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

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

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

AddedAnnex 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;

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ChangedAnnex I – paragraph 1 – point qq: a(q) (new):conditions (qa)for releaseuse, ofincluding substancesthe ofenvironmental concernimpact intoand thebenefits environment;during use;

Change 30

ChangedAnnex I – paragraph 1 – point q ba (new): (qb) the life cycle costs of the product, including societal costs, in particular the(qa) impacts on human health, the environment and the risks of material supply shortages.health;

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RemovedAnnex II – paragraph 1 – point 1 – paragraph 1: A technical, environmental and economic analysis shall select a number of representative models of the product or products in question on the market and identify the technical options for improving the product performance in relation to the parameters referred to in Annex I - in view of product-specific or horizontal requirements - taking into account the economic costs of the options compared with the social cost of the product in terms of human health, environmental damages and risk of supply shortages and avoiding any significant increase of other life cycle environmental impacts, and significant loss of performance or of usefulness for consumers.

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

RemovedIt’s important to include the life cycle societal costs of the products among the parameters to be taken into account to define the potential requirements under a EU legal act. This can notably guide the level of ambition of the requirements.

AddedAnnex 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:

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ChangedAnnex II – paragraph 1 – point 1 – paragraph 4: Based2: onThe thistechnical, analysis,environmental and taking into accounteconomic theanalysis humanshall health,also environmentidentify, andfor otherthe societalparameter costsunder ofconsideration, the productbest-performing alongproducts itsand wholetechnologies lifeavailable cycle,on the economic and technical feasibility,market includingas thewell availabilityas ofexpected keytechnology resourcesimprovements. andIt technologies,shall asalso welltake asinto theaccount potentialexisting forsectoral improvement,roadmaps levelsas orset non-quantitativeout requirementsin shallRegulation be(EU) defined.2021/1119.

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RemovedAnnex II – paragraph 1 – point 1 – paragraph 7: A sensitivity analysis covering the relevant factors, such as the price of energy or other resources, the cost of raw materials and necessary technologies, production costs, discount rates, and, where appropriate, external environmental costs and other social costs, including avoided greenhouse gas emissions, must be carried out.

AddedAnnex 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.