On the proposal for a Regulation of the European Parliament and of the Council establishing a framework for setting ecodesign requirements for sustainable products and repealing Directive 2009/125/EC
IMCO-AD-737400
Committee on the Internal Market and Consumer Protection · Rapporteur: David Cormand
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The Committee on the Internal Market and Consumer Protection gives its opinion on the proposed Ecodesign Regulation for sustainable products, which would repeal Directive 2009/125/EC.¶¶ It proposes amendments to set a minimum level of ecodesign requirements while letting member states adopt stricter rules, and to cover digital services not linked to a product.¶¶ It adds horizontal rules on durability and reparability, a ban on premature obsolescence including software obsolescence, and a reparability score.¶¶¶ It amends the Digital Product Passport rules, market surveillance and penalties, and public procurement requirements.¶¶¶
Committee position. The committee proposes amendments to the Commission proposal to strengthen ecodesign requirements, extend scope to digital services, add horizontal durability and reparability rules, ban premature obsolescence, and improve the Digital Product Passport, market surveillance and public procurement.¶¶¶
Key points
- The Regulation should set a minimum level of ecodesign requirements to exclude the least performant products, while member states may set more stringent requirements and restrict certain products on environmental grounds.¶
- The scope should include digital services not linked to a product, with a label for their ecodesign and a Commission methodology based on sector best practices.¶
- Horizontal requirements on durability and reparability should be introduced, including a general ban on premature obsolescence practices such as software obsolescence.¶¶
- Reparability should be central: certain designs preventing repair should be banned, access to tools and information provided, and a European reparability score set up considering spare part prices and delivery times.¶
- The duration of legal guarantees should be aligned with the estimated lifetime of each product category in each delegated act.
- The Digital Product Passport should give access to ecodesign data for researchers, NGOs, economic actors and consumers, and should not store or extrapolate end-users' personal data.¶¶
- Member states should set up mechanisms for end-users to lodge complaints on non-compliance, and a minimum set of penalties should apply to infringers.¶
- Delegated acts should allow economic operators sufficient time to prepare, and the Commission should specify implementation time per delegated act.¶¶
- Horizontal ecodesign requirements should cover common chargers for product groups with technical similarities, such as gardening tools and power drills or products protected against moisture and water ingress.¶
- Manufacturers must provide instructions in digital format, downloadable and saveable, with paper format free of charge on request at purchase or up to 6 months after, and online access for at least 10 years.¶¶¶
- Manufacturers, importers and distributors must provide conformity documents within 15 days of a competent authority's request, and manufacturers must set up public complaint channels.¶¶¶
- Public procurement requirements may take the form of mandatory technical specifications, selection or award criteria, contract clauses or targets, with technical and financial assistance for contracting authorities.¶¶
Who is affected
- Manufacturers, importers and distributors of products covered by delegated acts, who face new conformity, documentation and complaint-handling duties.¶¶¶
- Online marketplaces, which must cooperate with market surveillance authorities and set up a single contact point.¶¶
- Member states, which must draw up market surveillance action plans and may set stricter environmental requirements.¶¶
- Consumers and end-users, who gain access to product information, reparability scores and complaint channels.¶¶¶
- Providers of digital services not linked to a product, which would fall within the Regulation's scope.¶
Figures and deadlines
- 10 years: period manufacturers must keep technical documentation and the EU declaration of conformity after placing a product on the market.¶
- 10 years: minimum period instructions must be accessible online after placing the product on the market.¶
- 6 months: period after purchase during which a consumer may request paper instructions free of charge.¶
- 15 days: deadline for manufacturers, importers and distributors to provide conformity documents on request from a competent authority.¶¶¶
- 5 working days: deadline for the economic operator to provide dealers and online marketplaces a digital copy of the data carrier upon request.¶
- 2 years: frequency for each member state to draw up a market surveillance action plan.¶
- 16 July 2024: deadline for member states to draw up the first action plan.
- 8 years after the date of application: earliest time for the Commission to evaluate the Regulation.¶
Legal basis: Article 193 of the Treaty on the Functioning of the European Union¶