Changes from report parliamentary committee draft to plenary report

AddedArticle 22 – paragraph 2 – subparagraph 1 – point d: (d) prevent premature obsolescence of products, use reliable parts and design products in such a way that their durability is significantly improved compared to the average durability of products of the respective category that serves the same purpose;

RemovedArticle 23 – paragraph 3 – subparagraph 1 – point c: (c) terminate the contract if it considers that the manufacturer acts contrary to its obligations under this Regulation and inform thereof the manufacturer and the competent national authorities of the Member States where the product is placed on the market and the national competent authority of his own place of business;

AddedArticle 22 – paragraph 2 – subparagraph 1 – point f: (f) make available, at least on permalinks of their own websites or by means of QR codes and in the Digital Product Passport established in accordance with Article 78, relevant instructions for use, information on how to repair the products and any additional information necessary for repairing, including relevant warnings;

RemovedAn infringement should not lead automatically to terminating the contract.

AddedArticle 22 – paragraph 2 – subparagraph 1 – point g: (g) make available on the market itself or by specially designated distributors or by manufacturers of spare parts, with a reasonable and non-discriminatory price and with reasonably short delivery time, spare parts for their products for 10 years after the last product of the respective type has been placed on the market or directly installed and inform proactively about this availability;

AddedArticle 22 – paragraph 2 – subparagraph 1 – point h: (h) design products components and materials in such a way that that they are reusable, remanufacturable and recyclable, namely by facilitating the separation of products components and materials at de-installation, deconstruction and demolition and the later stage of recycling and avoiding mixed, blended or intricate materials and substances of concern, and, when remanufacturing and recycling are risky for human safety or the environment, warn against remanufacturing and recycling in accordance with the following point;

AddedArticle 22 – paragraph 2 – subparagraph 1 – point i: (i) make available, at least on their own websites or by means of QR codes and in the Digital Product Passport established in accordance with Article 78, relevant information on how to remanufacture or recycle the products and any additional information necessary for re-use, remanufacturing or recycling, including relevant warnings and a list of recycling facilities;

AddedArticle 22 – paragraph 2 – subparagraph 1 – point j: (j) accept to regain free of charge, directly or via their importers and distributors, ownership of surplus and unsold products that are in a state equivalent to the one in which they were placed on the market, unless more than 5 years have passed since the product was placed on the market;

AddedArticle 22 – paragraph 2 – subparagraph 1 – point j a (new): (ja) have extended producer responsibility, in accordance with relevant provisions in Directive 2008/98/EC, for products that they make available on the market for the first time within the territory of a Member State, including financing of direct or indirect collection, transport, preparation for repurposing and remanufacturing, treatment and recycling of waste construction products and providing end-of-life information.

AddedArticle 22 – paragraph 4: 4. In order to specify the obligations set out in paragraph 2 of this Article, the Commission shall, by … [1 year after date of application of this Regulation], supplement this Regulation, by means of delegated acts in accordance with Article 87, by specifying, for particular product families and categories, these obligations. Alternatively, the Commission may issue standardisation requests which aim at the elaboration of harmonised standards providing presumption of conformity with the obligations of paragraph 2 of this Article for a specific product family or category. The obligations contained in paragraph 2, points (a), (d), (e), (g) (h), (j) and (ja) of this Article shall not apply before such a delegated act or a harmonised standard has become applicable.

AddedArticle 22 – paragraph 5: 5. In order to ensure transparency for the users and to promote sustainable products, the Commission shall supplement this Regulation by delegated acts adopted in accordance with Article 87 to establish specific environmental sustainability labelling requirements for products marketed to end consumers in relation to environmental obligations set out in paragraph 1, product inherent environmental requirements set out in Annex I Part C Point 2, and environmental performance classes established in accordance with of Article 4(4), point (a).

AddedArticle 22 – paragraph 6: 6. The manufacturer shall affix the label in the way set out in the delegated acts adopted in accordance with paragraph 5, including in a visible manner at the point of sale, including online sales, and on the website of the manufacturer.

AddedArticle 22 – paragraph 6 a (new): 6a. Where appropriate to promote the availability of products with the best sustainability performance on the market, the Commission shall foster the use of the EU Ecolabel referred to in Regulation (EC) No 66/2010 of the European Parliament and of the Council for labelling the best performing products.

AddedArticle 23 – paragraph 1: 1. A manufacturer established in the Union may appoint, by a written mandate, any natural or legal person established within the Union as a single authorised representative. A manufacturer not established in the Union shall appoint a single authorised representative.

AddedArticle 23 – paragraph 2: 2. Authorised representatives shall act with due care in relation to the obligations of this Regulation. They shall be liable for infringement of this Article and of Article 19 in accordance with national law on contractual and extra-contractual liability.

AddedArticle 23 – paragraph 3 – subparagraph 1 – point c: (c) terminate the contract if it considers that the manufacturer has acted contrary to its obligations under this Regulation and inform thereof the manufacturer and the competent national authorities of the Member States where the product is placed on the market and the national competent authority of his own place of business;

Article 23 – paragraph 3 – subparagraph 1 – point d: (d) when having reason to believe that a product in question is non-compliant or presents a risk, inform the manufacturer and the national competent authorities of the Member States where the product is placed on the market and the national competent authority of his own place of business thereof; and

Change 108

ChangedArticle 23 – paragraph 5: 5. Where an authorised representative identifies a non-compliance mentioned in the paragraph 4, the authorised representative shall ask the manufacturer to remedy the non-compliances. The manufacturer shall thereon stop the placing on the market and ask other economic operators involved in the distribution to stop their commercial activities, until the non-compliance is remedied.

Change 109

RemovedThe deadline of 1 month is very arbitrary, and the rest of the sentence concerns the market surveillance authorities and not the authorized representative.

AddedArticle 24 – paragraph 2: 2. The importer shall ensure that the product is accompanied by a clear indication of the information set out in harmonised technical specifications and in Annex I Part C3 in a language determined by the Member State concerned which can be easily understood by users. The importer shall, in a visible manner, display to customers before they are bound by a sales contract, including in case of distance selling, the information which shall be labelled pursuant to this Regulation or harmonised technical specifications.

RemovedArticle 24 – paragraph 2: 2. The importer shall ensure that the product is accompanied by a clear indication of the information set out in harmonised technical specifications and in Annex I Part D in a language determined by the Member State concerned which can be easily understood by users. The importer shall, in a visible manner, display to customers before they are bound by a sales contract, including in case of distance selling, the information which shall be labelled pursuant to this Regulation or harmonised technical specifications.

AddedArticle 24 – paragraph 4: 4. The importer shall, after having assembled all available product information from the manufacturer and the de-installer, scrutinise used and remanufactured products with regard to damages or indications for loss of performance or non-compliance, while assessing all risks.

RemovedArticle 24 – paragraph 4: deleted

AddedArticle 24 – paragraph 5: 5. Where an importer considers or has reason to believe that the product is not in conformity with the declaration of performance or not in compliance with other applicable requirements in this Regulation, the importer shall not place the product on the market until it conforms to the accompanying declaration of performance and it complies with the other applicable requirements in this Regulation or until the declaration of performance is corrected. In the event that the product has already been placed on the market, it shall take the necessary corrective measures to bring that product into conformity, or, where appropriate, to withdraw or recall it.

RemovedAvoidance of red tape for recycling companies.

AddedArticle 25 – paragraph 2: 2. When making a product available on the market, distributors shall verify at a documentary level that the manufacturer and the importer have complied with the requirements set out in Article 21(1), (5) and (6) and, where applicable, in Article 22(2), points (f) and (i) and shall fulfil the obligations incumbent on importers in accordance with Article 24(3) to (5) whilst references to “placing on the market” shall be understood as “further making available on the market”.

RemovedArticle 24 – paragraph 5: 5. Where an importer considers or has reason to believe that the product is not in conformity with the declaration of performance or not in compliance with other applicable requirements in this Regulation, the importer shall not place the product on the market until it conforms to the accompanying declaration of performance and it complies with the other applicable requirements in this Regulation or until the declaration of performance is corrected. In the event that the product is already placed on the market, it shall take the necessary corrective measures to bring that product into conformity, or, where appropriate, to withdraw or recall it. / Furthermore, where the product presents a risk, the importer shall inform the manufacturer and the geographically responsible national competent authority thereof.

AddedArticle 25 – paragraph 3: deleted

RemovedInclusion of the provisions on the non-compliance of the product already on the market, which are already included in the old regulation, but were missing in the new proposal.

RemovedArticle 25 – paragraph 2: 2. When making a product available on the market, the distributors shall verify at a documentary level that the manufacturer and the importer have complied with the requirements set out in Article 21(1), (5) and (6) and where applicable in Article 22(2), points (f) and (i) and shall fulfil the obligations incumbent on importers in accordance with Article 24(3) to (5) whilst references to “placing on the market” shall be understood as “further making available on the market”.

RemovedClarification.

Article 26 – paragraph 1 – point a: deleted

Article 26 – paragraph 1 – point c: (c) it stores or modifies a product in such a way that compliance with the declaration of performance and of conformity or with the requirements set out in and in accordance with this Regulation may be affected;

Change 110

RemovedArticle 26 – paragraph 1 – point f a (new): (fa) it has subjected an imported or distributed used or remanufactured product to a transformative process going beyond repair, cleaning and regular maintenance after being de-installed;

AddedArticle 26 – paragraph 1 – point f: (f) it claims for it characteristics deviating from the characteristics declared by the manufacturer.

AddedArticle 26 – paragraph 1 – point f a (new): (fa) it has subjected an imported or distributed, used or remanufactured product to a transformative process going beyond repair, cleaning and regular maintenance after being de-installed;

Article 26 – paragraph 1 – point f b (new): (fb) it imports a used or remanufactured product, unless this product has been placed on the Union market before being used;

Change 111

ChangedArticle 26 – paragraph 1 – point f c (new): (fc) it opts forto assumingassume the role of the manufacturer.

Article 26 – paragraph 2: deleted / (deleted) / (deleted) / (deleted) / (deleted)

Article 26 – paragraph 3: deleted / (deleted) / (deleted)

Article 26 – paragraph 4: deleted

Change 112

RemovedAvoidance of overregulation and red tape.

Article 27 – title: Obligation of fulfilment service providers, brokers, online market places and online sellers

Article 27 – paragraph 1: 1. When contributing to the making available on the market of a product, fulfilment service provider or broker shall act with due care in relation to the obligations of this Regulation. It shall be liable for infringement of this Article and of Article 19 in accordance with national law on contractual and extra-contractual liability.

Change 113

ChangedArticle 27 – paragraph 2 – point b: (b) shall verify at a documentary level that the manufacturer has complied with the obligations set out in Article 21(1), (3) and (5) to (7) and Article 22(2), points (f) and (i);

Change 114

RemovedAvoidance of red tape.

AddedArticle 27 – paragraph 2 – point d: (d) at the request of the market surveillance authorities, cease to offer products which are non-compliant or present a risk within the meaning of Article 21(9);

RemovedArticle 27 – paragraph 2 – point d: (d) on the request of the market surveillance authorities, cease to offer products which are non-compliant or present a risk within the meaning of Article 21(9);

RemovedClarification.

Article 27 – paragraph 3 – point c: (c) give an appropriate answer to notices related to notification of accidents and other incidents with products received in accordance with [Article 14] of Regulation (EU) […/…] on a Single Market for Digital Services (Digital Service Act) and amending Directive 2000/31/EC;

Article 27 – paragraph 6: 6. The paragraphs 1 and 2, paragraph 3, points (b) to (i) and paragraphs 4 and 5 shall also apply to manufacturers, importers, distributors or other economic operators offering products online without involvement of an online marketplace.

Article 27 – paragraph 7: deleted

Change 115

AddedArticle 27 – paragraph 8: 8. A fulfilment service provider shall ensure that the conditions during warehousing, packaging, addressing or dispatching, do not jeopardise the products’ compliance with the requirements set out in this Regulation. The manufacturer or importer of construction products shall provide the fulfilment service providers with the detailed information necessary for ensuring the safe storage, packaging, addressing or dispatch and further functioning of the product.

AddedArticle 28 – title: Obligations in relation to 3D-printing of construction products

AddedArticle 28 – paragraph 1 – introductory part: 1. A natural or legal person that 3D-prints construction products shall:

Article 28 – paragraph 1 – point a: (a) satisfy the obligations incumbent on manufacturers when placing their products on the market;

Change 116

RemovedClarification.

AddedArticle 28 – paragraph 1 – point b: (b) use the appropriate 3D datasets;

AddedArticle 28 – paragraph 1 – point c: (c) ensure that the materials used have undergone the procedures applicable to products under this Regulation; and

AddedArticle 28 – paragraph 1 – point d: (d) ensure that the information provided by the manufacturer of the 3D-dataset and the information provided by the manufacturer of the printing material coincide.