What changed

SHORT JUSTIFICATION

The Ecodesign Regulation is the first milestone to make our internal market truly sustainable. Europe succeeded in creating a single market for the exchange of goods and services that establishes the Union as the largest market in the world. We must now use this power wisely to make it compatible with our European values.

Waste prevention and circularity are fundamental pillars of the Green Deal. According to the new Circular Economy Action Plan (CEAP), all packaging on the market must be reusable or recyclable by 2030. In that direction, the reduction of natural resources used for production, the extension of a lifetime, the improvement of its repairability and the adoption of circular economies are the best way to extend the useful life of a product.

The market is subject to a detrimental market failure that favours economic actors who adopt production methods and create products undermining the environment and social rights. To ensure fair competition, market rules must instead reward those who produce and innovate in line with our social and environmental rights.

Eco-design addresses the consumption of resources and energy and reduces the lifecycle environmental impacts of products by extending the use phase. Especially for industrial enterprises and SMEs, the transformation to circular business models can be curbed by operational tools and the need for more relevant data. However, the optimal eco-design solution is only sometimes generated in the conceptual design stage due to the complex association of the life cycle design information. Therefore, this policy should also reflect ecodesign alternations.

The Rapporteur wants to ensure that this Regulation allows us to stay within planetary boundaries and contribute to meeting EU’s environmental and climate targets. This Regulation must therefore endorse this level of ambition through the adoption of ambitious eco-design requirements and put an end to unsustainable business models that are only economically profitable at the expense of environmental standards and social rights. Thus, the negative impact on the competitiveness of economic actors should not be an obstacle in itself to the achievement of our ecodesign objectives.

The current Ecodesign Directive has successfully delivered environmental and energy efficiency objectives for energy-related products, regulating measurable, verifiable parameters of the product based on a clear and transparent methodology. Therefore, the Rapporteur generally supports many elements of the Commission proposal. However, any new requirement should be measurable on the product and designed to be efficiently enforced unless tested cost-efficiently and within a short enough time. Therefore, the Rapporteur suggests building on the experience of the ecodesign instrument.

Moreover, the Rapporteur believes the Regulation should lay a minimum level for ecodesign requirements to exclude the least performant products from the market. However, Member States should be able to set more stringent requirements and restrict the entry and use of certain products based on environmental objectives. This allows for a more flexible approach to attaining the Union’s environmental objectives in the respect of the subsidiarity principle. Given the urgency of the environmental and climate crisis, preventing Member States from acting locally will only delay the already very late action needed. It is also in line with article 193 of the Treaty on the Functioning of the European Union which provides that Member States shall not be prevented from introducing more stringent protective measures in relation to environmental matters.

Moreover, the proposal for a new Regulation on Ecodesign for Sustainable Products (ESPR) should enable a comprehensive and harmonised set of requirements for the sustainability of products placed on the EU market. The industry should undertake those requirements through continual sustainability improvements and encouraging consumers to adopt more sustainable ways. Even though room for improvement that certain technologies or product design choices may have should be left.

Concerning the scope of the Regulation, the Rapporteur proposes to include digital services that are not linked to a product. Digital services are a growing part of our economy and starting to promote their ecodesign insurgent. Given their intangible nature, the Rapporteur proposes to develop a label for the ecodesign of digital services and calls the Commission to develop a robust methodology based on best practices in the sector. Such label should reward actors developing eco-designed digital services and serve as a marker for public procurement and private actors’ choices.

Ecodesign and information requirements harmonisation at the EU level by using harmonised methodologies to assess environmental impact is necessary to achieve the sustainability of products. The Rapporteur stresses that the regulations should bring added value to users, avoiding unnecessary and burdensome replications of information in existing databases. To improve environmental sustainability, future regulation requirements should identify the most appropriate variables, considering that product parameters can be interdependent and affect each other (e.g. repairability can affect reliability, etc.).

The Commission proposes to regulate ecodesign criteria by product category. The Rapporteur welcomes this approach, which allows for granularity in legislative action. However, he is of the opinion that some aspects require horizontal provisions to ensure that we design truly durable and repairable products. He thus proposes to introduce some horizontal requirements on durability and reparability. A general ban on premature obsolescence practices, including software obsolescence, is the natural element of a Regulation on Ecodesign of products. Furthermore, this reflects what the commission has proposed to address under Consumer Law in its proposal “Empowering Consumers in the Green Transition”. Moreover, it is fundamental that reparability be at the heart of Ecodesign requirements by banning certain product designs that prevent a product to be repaired but also by providing access to right tools and information to all actors of the sector. The Rapporteur therefore proposes to detail the criteria that the Commission will have to consider in the framework of a European reparability score, including in particular the price of spare parts and their delivery time. These two elements are indeed at the heart of the concerns of Europeans when questioned about the modalities of recourse to repair and should be reflected in the methodology to establish such a reparability score. Last but not least, the extent of the product lifespan covered by the durability requirement must be reflected in the relevant consumer rights. The Rapporteur therefore calls for the duration of legal guarantees to be aligned with the estimated lifetime of product category in each delegated act.

Additionally, it is important to ensure that the definitions included in the Regulation are clear and the list of parameters and criteria is exhaustive to cover all possible sustainability aspects across all products. But there is a need to establish overarching product sustainability criteria to minimise the product's negative environmental and social impacts.

The Digital Product Passport is a great tool for the free circulation of data and the transparency of value chains. Opening access to data related to the ecodesign of products to researchers, NGOs, economic actors and concerned consumers will allow the opening of new markets and the promotion of the most virtuous actors in their field. The Rapporteur also introduces the exclusion of the storage of personal data of end-users of products in order to prevent the establishment of a generalized surveillance.

Furthermore, information disclosure responsibility along the supply chain should be shared. Sharing responsibilities in the supply chain for generating and providing information should be reflected in the Regulation. Data and information shall originate from suppliers, while the obligation to provide such information will rest on manufacturers placing the final products on the EU market.

Finally, the rapporteur proposes to make some improvement on the market surveillance chapter of this Regulation to ensure its effective enforcement. He proposes to require Member States to establish mechanisms where end-users can easily lodge a complaint in case of non-compliance;. He also introduces a minimum set of penalties that market surveillance authorities can apply to infringers.

Concerning the Digital Product Passport (DPP), it should rely on existing databases to avoid unnecessary and burdensome replication, reduce waste and enable consumers to play a more active role in the green and digital transitions. The DPP could be an effective tool to facilitate communication along the value chain and ensure that the value of information, materials and products is preserved. Information gaps, as identified in the Circular Economy Action Plan, are a key negative externality that needs to be addressed to make sustainable products the norm. Thus, the DPP information should be limited, with added value to the key stakeholders.

Furthermore, the Rapporteur believes that all requirements set by the Regulation must be implemented with sufficient transition times to minimise market distortions. A sufficient lead time should be granted between the publication of legislation and the application of new product requirements, particularly because of the need for developing harmonised standards because the industry needs to adapt its processes for implementing new or updated legal requirements through complex supply chains.

AMENDMENTS

The Committee on the InternalIndustry, MarketResearch and Consumer ProtectionEnergy calls on the Committee on the Environment, Public Health and Food Safety, as the committee responsible, to take into account the following amendments:

Amendment 1

Proposal for a regulation

Recital 45

Amendment 2

Proposal for a regulation

Recital 514

Amendment 3

Proposal for a regulation

Recital 5 a (new)

Recital 23

Amendment 4

Proposal for a regulation

Recital 5 b (new)

Recital 25

Amendment 5

Proposal for a regulation

Recital 5 c (new)

Recital 26

Amendment 6

Proposal for a regulation

Recital 629

Amendment 7

Proposal for a regulation

Recital 1145

Amendment 8

Proposal for a regulation

Recital 1386

Amendment 9

Proposal for a regulation

Recital 13 a (new)

Recital 87

Amendment 10

Proposal for a regulation

Recital 1992

Amendment 11

Proposal for a regulation

Recital 23 a (new)

Recital 93

Amendment 12

Proposal for a regulation

Recital 26

Article 1 – paragraph 1 – subparagraph 1 – point f a (new)

Amendment 13

Proposal for a regulation

Recital 33 a (new)

Article 2 – paragraph 1 – point 23

Amendment 14

Proposal for a regulation

Recital 39

Article 2 – paragraph 1 – point 25

Amendment 15

Proposal for a regulation

Recital 41

Article 2 – paragraph 1 – point 35

Amendment 16

Proposal for a regulation

Recital 59

Article 2 – paragraph 1 – point 45

Amendment 17

Proposal for a regulation

Recital 68

Article 2 – paragraph 1 – point 59

Amendment 18

Proposal for a regulation

Recital 88

Article 2 – paragraph 1 – point 59 a (new)

Amendment 19

Proposal for a regulation

Recital 90

Article 2 – paragraph 1 – point 59 b (new)

Amendment 20

Proposal for a regulation

Recital 91

Article 2 – paragraph 1 – point 59 c (new)

Amendment 21

Proposal for a regulation

Recital 94

Article 4 – paragraph 3 – point d

Amendment 22

Proposal for a regulation

Recital 95

Article 4 – paragraph 3 a (new)

Amendment 23

Proposal for a regulation

Article 15 – paragraph 21 – introductory part

Amendment 24

Proposal for a regulation

Article 15 – paragraph 21 – point g a (new)

Amendment 25

Proposal for a regulation

Article 25 – paragraph 1 – point 16g a (new)

Amendment 26

Proposal for a regulation

Article 25 – paragraph 1 – point 17k

Amendment 27

Proposal for a regulation

Article 25 – paragraph 1 – point 17k a (new)

Amendment 28

Proposal for a regulation

Article 25 – paragraph 1 – point 18n a (new)

Amendment 29

Proposal for a regulation

Article 25 – paragraph 12 – point 20 asubparagraph (new)3

Amendment 30

Proposal for a regulation

Article 25 – paragraph 14 – point 21a – point i

Amendment 31

Proposal for a regulation

Article 25 – paragraph 14 – point 37a – point ii

Amendment 32

Proposal for a regulation

Article 25 – paragraph 15 – point 55d

Amendment 33

Proposal for a regulation

Article 25 – paragraph 15 – point 55d a (new)

Amendment 34

Proposal for a regulation

Article 35 – paragraph 45 – point f

Amendment 35

Proposal for a regulation

Article 45 – paragraph 25 – point f a (new)

Amendment 36

Proposal for a regulation

Article 45 – paragraph 25 a– point f b (new)

Amendment 37

Proposal for a regulation

Article 45 – paragraph 36 – pointintroductory apart

Amendment 38

Proposal for a regulation

Article 45 – paragraph 36 – point ba

Amendment 39

Proposal for a regulation

Article 45 – paragraph 36 – point db

Amendment 40

Proposal for a regulation

Article 45 – paragraph 3 – point h a (new)8

Amendment 41

Proposal for a regulation

Article 57 – paragraph 1 –3 introductorya part(new)

Amendment 42

Proposal for a regulation

Article 57 – paragraph 4 – point a6 – pointsubparagraph ii3

Amendment 43

Proposal for a regulation

Article 57 – paragraph 4 –7 pointa b(new)

Amendment 44

Proposal for a regulation

Article 58 – paragraph 52 – point af

Amendment 45

Proposal for a regulation

Article 58 – paragraph 62 a– (new)point g

Amendment 46

Proposal for a regulation

Article 58 – paragraph 83 – point a

Amendment 47

Proposal for a regulation

Article 59 – paragraph 81 a– (new)subparagraph 1 – point d

Amendment 48

Proposal for a regulation

Article 59 – paragraph 1 – subparagraph 1 – point f a (new)

Amendment 49

Proposal for a regulation

Article 710 – paragraph 41 a– (new)point a

Amendment 50

Proposal for a regulation

Article 710 – paragraph 71 – point b

Amendment 51

Proposal for a regulation

Article 810 – paragraph 21 – point d

Amendment 52

Proposal for a regulation

Article 810 – paragraph 21 – point ef

Amendment 53

Proposal for a regulation

Article 810 – paragraph 21 – point fg a (new)

Amendment 54

Proposal for a regulation

Article 810 – paragraph 21 – point gh a (new)

Amendment 55

Proposal for a regulation

Article 812 – paragraph 3 –5 pointa b(new)

Amendment 56

Proposal for a regulation

Article 816 – paragraph 31 – pointintroductory cpart

Amendment 57

Proposal for a regulation

Article 816 – paragraph 31 – point c a (new)

Amendment 58

Proposal for a regulation

Article 916 – paragraph 12 – subparagraph 1 – point a a (new)2

Amendment 59

Proposal for a regulation

Article 916 – paragraph 12 – subparagraph 1 –2 pointa d(new)

Amendment 60

Proposal for a regulation

Article 917 – paragraph 1 – subparagraph 1 – point d a (new)

Amendment 61

Proposal for a regulation

Article 917 – paragraph 32

Amendment 62

Proposal for a regulation

Article 1018 – paragraph 3 – subparagraph 1 – point cb

Amendment 63

Proposal for a regulation

Article 1418 – paragraph 1 – point c4

Amendment 64

Proposal for a regulation

Article 1419 – paragraph 1 a (new)

Amendment 65

Proposal for a regulation

Article 2119 – paragraph 3 – subparagraph 3 – point b

Amendment 66

Proposal for a regulation

Article 2119 – paragraph 73 – subparagraph 3 – point d a (new)

Amendment 67

Proposal for a regulation

Article 21 – paragraph 7 a (new)

Article 26 – title

Amendment 68

Proposal for a regulation

Article 2126 – paragraph 7 b (new)1

Amendment 69

Proposal for a regulation

Article 2126 – paragraph 74 ca (new)

Amendment 70

Proposal for a regulation

Article 2131 – paragraph 83 – subparagraph 12 – point a

Amendment 71

Proposal for a regulation

Article 2131 – paragraph 84 a (new)

Amendment 72

Proposal for a regulation

Article 2158 – paragraph 9 – subparagraph 1

Amendment 73

Proposal for a regulation

Article 2269 – paragraph 2 – point d1

Amendment 74

Proposal for a regulation

Article 2369 – paragraph 42 a (new)

Amendment 75

Proposal for a regulation

ArticleAnnex 23I – paragraph 61 – subparagraphintroductory 1part

Amendment 76

Proposal for a regulation

ArticleAnnex 23I – paragraph 81 – subparagraphpoint 1d

Amendment 77

Proposal for a regulation

ArticleAnnex 24I – paragraph 21 – point be

Amendment 78

Proposal for a regulation

ArticleAnnex 25I – paragraph 31 – point cp

Amendment 79

Proposal for a regulation

ArticleAnnex 26I – paragraph 41 – point bq

Amendment 80

Proposal for a regulation

Article 29 – title

Annex I – paragraph 1 – point q a (new)

Amendment 81

Proposal for a regulation

ArticleAnnex 29VII – paragraph 1 – introductory part

Amendment 82

Proposal for a regulation

Article 29 – paragraph 2 – subparagraph 1

Annex VII – paragraph 3

Amendment 83

Proposal for a regulation

ArticleAnnex 29VII – paragraph 2 – subparagraph 27

Amendment 84

ANNEX: LIST OF ENTITIES OR PERSONS FROM WHOM THE RAPPORTEUR HAS RECEIVED INPUT

Proposal for a regulation

The following list is drawn up on a purely voluntary basis under the exclusive responsibility of the rapporteur. The rapporteur has received input from the following entities or persons in the preparation of the opinion, until the adoption thereof in committee:

Article 29 – paragraph 2 – subparagraph 3

Amendment 85

Proposal for a regulation

Article 29 – paragraph 3

Amendment 86

Proposal for a regulation

Article 29 – paragraph 4

Amendment 87

Proposal for a regulation

Article 29 – paragraph 5 – subparagraph 1

Amendment 88

Proposal for a regulation

Article 29 – paragraph 5 – subparagraph 2

Amendment 89

Proposal for a regulation

Article 30 – paragraph 1 – point c

Amendment 90

Proposal for a regulation

Article 30 – paragraph 3 – subparagraph 1 – introductory part

Amendment 91

Proposal for a regulation

Article 31 – paragraph 1 – subparagraph 3

Amendment 92

Proposal for a regulation

Article 31 – paragraph 2 – subparagraph 1 – point b

Amendment 93

Proposal for a regulation

Article 33 – paragraph 4 – subparagraph 1

Amendment 94

Proposal for a regulation

Article 35 – paragraph 1 – subparagraph 2

Amendment 95

Proposal for a regulation

Article 58 – paragraph 1

Amendment 96

Proposal for a regulation

Article 58 – paragraph 1 a (new)

Amendment 97

Proposal for a regulation

Article 58 – paragraph 2 – introductory part

Amendment 98

Proposal for a regulation

Article 58 – paragraph 2 – point b

Amendment 99

Proposal for a regulation

Article 58 – paragraph 2 – point c

Amendment 100

Proposal for a regulation

Article 58 – paragraph 2 a (new)

Amendment 101

Proposal for a regulation

Article 58 – paragraph 2 b (new)

Amendment 102

Proposal for a regulation

Article 58 – paragraph 2 c (new)

Amendment 103

Proposal for a regulation

Article 59 – paragraph 1 – subparagraph 1

Amendment 104

Proposal for a regulation

Article 59 – paragraph 1 – subparagraph 2 – point b

Amendment 105

Proposal for a regulation

Article 59 – paragraph 2 – point b a (new)

Amendment 106

Proposal for a regulation

Article 59 – paragraph 3

Amendment 107

Proposal for a regulation

Article 59 – paragraph 5

Amendment 108

Proposal for a regulation

Article 60 – paragraph 1 – subparagraph 2 – point d

Amendment 109

Proposal for a regulation

Article 61 – paragraph 1

Amendment 110

Proposal for a regulation

Article 61 – paragraph 3

Amendment 111

Proposal for a regulation

Article 62 – paragraph 2 – subparagraph 1 – point d a (new)

Amendment 112

Proposal for a regulation

Article 63 – paragraph 1 – subparagraph 2

Amendment 113

Proposal for a regulation

Article 69 – paragraph 1

Amendment 114

Proposal for a regulation

Article 69 a (new)

ANNEX: LIST OF ENTITIES OR PERSONS FROM WHOM THE RAPPORTEUR FOR THE OPINION HAS RECEIVED INPUT

The following list is drawn up on a purely voluntary basis under the exclusive responsibility of the rapporteur. The rapporteur has received input from the following entities or persons in the preparation of the draft opinion, until the adoption thereof in committee:

PROCEDURE – COMMITTEE ASKED FOR OPINION

FINAL VOTE BY ROLL CALL IN COMMITTEE ASKED FOR OPINION