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

On establishing a framework for setting ecodesign requirements for sustainable products and repealing Directive 2009/125/EC

IMCO-PA-737400

Committee on the Internal Market and Consumer Protection · Rapporteur: David Cormand

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The Internal Market and Consumer Protection Committee's draft opinion proposes amendments to the Commission's proposal for a regulation on ecodesign requirements for sustainable products, which would repeal Directive 2009/125/EC. It proposes extending the scope to digital services, adding horizontal requirements on durability and reparability, banning premature obsolescence, and creating a European repair score, a durability index and a label for ecodesign of digital services. It proposes rules on the Digital Product Passport, including access for researchers, NGOs, economic actors and consumers, and a ban on storing end-users' personal data. It proposes stronger market surveillance, including complaint mechanisms for end-users, minimum penalties, and obligations on online marketplaces.

Committee position. The rapporteur proposes to amend the Commission's proposal to extend it to digital services, add horizontal durability and reparability requirements, ban premature obsolescence, create repair and durability labels, strengthen the Digital Product Passport, and reinforce market surveillance and penalties.

Key points

  1. The rapporteur wants the regulation to set a minimum level of ecodesign requirements while allowing member states to set more stringent requirements and restrict certain products on environmental grounds.
  2. The rapporteur proposes to include digital services not linked to a product in the scope and to develop a European label for the ecodesign of digital services.
  3. The rapporteur proposes horizontal requirements on durability and reparability, including a ban on premature obsolescence practices such as software obsolescence.
  4. The rapporteur proposes a European reparability score covering criteria such as price of spare parts and delivery time, and aligning the duration of legal guarantees with the estimated lifetime of product categories.
  5. The rapporteur proposes a durability index and labels showing the length of the legal guarantee of conformity and any voluntary extension by the manufacturer.
  6. The rapporteur proposes that the Digital Product Passport give access to ecodesign data to researchers, NGOs, economic actors and consumers, and that end-users' personal data not be stored in or extrapolated from it.
  7. The rapporteur proposes that member states set up easy-to-access databases for complaints about non-compliance and that market surveillance authorities follow up on them.
  8. The rapporteur proposes minimum penalties, including fines of at least 4% of the manufacturer's annual EU turnover, temporary suspension from the market and temporary exclusion from public procurement.
  9. The rapporteur proposes that manufacturers, importers and distributors provide reporting channels for end-users, assess complaints, inform market surveillance authorities and keep a register of complaints for 10 years.
  10. The rapporteur proposes obligations on online marketplaces, including verifying trader information, carrying out visual inspections and sample testing, and acting on market surveillance orders within one calendar day.
  11. The rapporteur proposes that public procurement requirements take the form of mandatory technical specifications, criteria, clauses or targets, prioritising second-hand and refurbished products.
  12. The rapporteur proposes that non-compliance with ecodesign requirements be treated as non-conformity with the sales contract and as an unfair commercial practice, giving consumers rights to remedy.

Who is affected

  • Manufacturers, importers and distributors: must provide complaint channels, assess complaints and keep registers for 10 years.
  • Online marketplaces: must verify trader information, inspect and test products, and respond to orders and complaints within one calendar day.
  • Digital services providers: a European label would distinguish those with ambitious ecodesign practices.
  • Consumers and end-users: gain access to product information, repair scores, durability labels and complaint mechanisms.
  • Member states: must set up complaint databases, draw up market surveillance action plans and apply minimum penalties.

Figures and deadlines

  • Fines of at least 4% of the manufacturer's annual EU turnover.
  • Complaint registers kept for 10 years.
  • Online marketplaces must act within one calendar day of a market surveillance order.
  • Online marketplaces must respond to complaints no later than one calendar day.
  • Member states must draw up a market surveillance action plan at least every 2 years, with the first by 16 July 2024.
  • Delegated act on the repair score methodology by 1 year after entry into force.
  • Delegated act on the durability index by 2 years after entry into force.
  • Delegated acts conferred on the Commission for a period of six years.

Legal basis: Article 193 of the Treaty on the Functioning of the European Union.