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DRAFT REPORT (COM(2022)0142 – C90132/2022 – 2022/0095(COD))

On the proposal for a regulation of the European Parliament and of the Council establishing a framework for setting eco-design requirements for sustainable products and repealing Directive 2009/125/EC

ENVI-PR-738753

Committee on the Environment, Public Health and Food Safety · Rapporteur: Alessandra Moretti

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Written by a language model from the full text only; every figure comes from the text. The paragraph links open the paragraph a statement rests on — check the text itself before relying on it.

The rapporteur's draft report sets out Parliament's position on the proposed regulation on eco-design requirements for sustainable products, which would repeal Directive 2009/125/EC. It widens the rules to cover social sustainability and due diligence, adds premature obsolescence, and requires the Commission to consider life cycle and societal costs. It bans the destruction of unsold textiles and electronic appliances one year after entry into force, with exemptions, and exempts only small and micro enterprises. It deletes the possibility for industry to submit new self-regulation measures, while keeping existing ones under Directive 2009/125/EC. It strengthens consumer information, the digital product passport and the role of the Ecodesign Forum, and lists product groups to prioritise in the first working plan.

Committee position. The rapporteur welcomes the Commission proposal but considers several aspects could be strengthened. She extends the scope to social sustainability and due diligence, adds premature obsolescence, prioritises specific product groups, strengthens consumer information and the product passport, deletes new self-regulation measures, and bans the destruction of unsold textiles and electronic appliances.

Key points

  1. Parliament's position adds social sustainability and due diligence to the regulation's objectives and to the definition of eco-design.
  2. Eco-design requirements must address premature obsolescence, defined as marketing a product with a feature limiting its foreseeable lifetime.
  3. The Commission must give economic operators, especially SMEs, sufficient time to adjust to new requirements.
  4. Impact assessments must analyse all product aspects, trade-offs between them, and societal costs such as health and environmental impacts.
  5. Information essential to end-users' health, safety and rights must be provided in physical form with the product and accessible via a data carrier.
  6. The digital product passport must be accurate, complete and up to date, remain available at least for the product's expected lifetime, and be interoperable with existing databases.
  7. Consumers, repairers, re-use and waste operators, civil society and public authorities must have free access to the product passport based on their access rights.
  8. The Commission must make the working plan public, present draft plans to Parliament, and consider prioritising listed product groups for 2024-2027.
  9. The Ecodesign Forum must work transparently, publish minutes, and may request the Commission to prepare requirements for a product group.
  10. The possibility for industry to submit new self-regulation measures is deleted, but existing measures under Directive 2009/125/EC continue to apply until they expire or are repealed.
  11. The destruction of unsold textiles and electronic appliances is banned one year after entry into force, with exemptions for health and safety, refused donations, or counterfeit products.
  12. The ban and disclosure obligations do not apply to small enterprises or microenterprises, but may be extended to them where used to circumvent the rules.

Who is affected

  • Economic operators, including online marketplaces, must meet eco-design, information and disclosure rules.
  • Small and micro enterprises are exempt from the ban on destroying unsold products and related disclosure.
  • Suppliers of substances, mixtures or articles must give economic operators information needed to comply with performance and information requirements.
  • Independent repairers and refurbishers gain access to product passport information and are recognised in definitions.
  • Consumers receive clear information before purchase and physical information on health, safety and rights.

Figures and deadlines

  • Working plan covering a period of at least 3 years.
  • For the period 2024-2027, the Commission shall consider prioritising listed product groups.
  • One year after entry into force, destruction of unsold textiles and electronic appliances is prohibited.
  • Climate neutrality objective at the latest by 2050.

Legal basis: Article 294(2) and Article 114 of the Treaty on the Functioning of the European Union.