What changed between the plenary report and the adopted text

Article 20 – paragraph 3 – subparagraph 1: The Commission shall be empowered to adopt delegated acts in accordance with Article 66 to supplement this Regulation by prohibiting economic operators to destroy unsold consumer products, where the destruction of unsold consumer products falling within a certain product group has non-negligible environmental impact.

Article 20 – paragraph 3 – subparagraph 1 a (new): On the basis of information provided under paragraph 1, the Commission shall by ... [insert the date 2 years after the entry into force of this Regulation] and every 3 years thereafter publish a report on the destruction of unsold goods. In that report, the Commission shall identify the products for which it considers necessary to adopt a delegated act prohibiting the destruction of unsold goods.

Article 20 – paragraph 3 – subparagraph 2 – point a: (a) health, hygiene and safety concerns;

Article 20 – paragraph 3 – subparagraph 2 – point b: (b) damage to products that cannot be repaired in a cost-effective manner as a result of their handling or detected after a product has been returned;

Article 20 – paragraph 3 – subparagraph 2 – point c: deleted

Article 20 – paragraph 3 – subparagraph 2 – point d a (new): (da) counterfeit products.

Article 20 – paragraph 5 – subparagraph 1 – point a: (a) the number and percentage of unsold consumer products destroyed;

Article 20 – paragraph 6 a (new): 6a. The Commission shall provide economic operators with sufficient time to adjust to new requirements.

Article 20 a (new): Article 20a / 1. One year after ... [insert the date of the entry into force of this Regulation], the destruction of unsold consumer products by economic operators shall be prohibited for the following product categories: / (a) textiles and footwear; / (b) electrical and electronic equipment. / 2. The Commission shall be empowered to adopt delegated acts in accordance with Article 66 to supplement this Regulation to set out certain exemptions from the prohibitions referred to in paragraph 1 where it is appropriate taking into account the following: / (a) health, hygiene and safety concerns; / (b) damage to products that cannot be repaired in a cost-effective manner as a result of their handling or detected after a product has been returned; / (c) refusal of products for donation, preparing for re-use or remanufacturing; / (d) counterfeit products. / 3. Where unsold products are destroyed under an exemption referred to in paragraph 2, the responsible economic operator shall disclose on a freely accessible website or otherwise make publicly available: / (a) the number and percentage of unsold products destroyed; / (b) the reasons for the destruction of the unsold products, referring to the applicable exemption; / (c) the delivery of the products destroyed to recycling, energy recovery and disposal operations in accordance with the waste hierarchy as defined by Article 4 of Directive 2008/98/EC. / The details of and format for the disclosure of information provided for in the im…

Article 21 – paragraph 3: 3. Manufacturers shall keep the technical documentation and the EU declaration of conformity for 10 years after the product has been placed on the market or put into service. Delegated acts adopted pursuant to Article 4 may specify a period longer or shorter than 10 years in order to take account of the nature of the products, the complexity of the information to be provided, or requirements concerned.

Article 21 – paragraph 7: 7. Manufacturers shall ensure that a product covered by a delegated act adopted pursuant to Article 4 is accompanied by instructions in digital format that enable consumers and other end-users to safely assemble, install, operate, store, maintain, repair and dispose of the product in a language that can be easily understood by consumers and other end-users, as determined by the Member State concerned. Such instructions shall be clear, understandable and legible and include at least the information specified in the delegated acts adopted pursuant to Article 4 and pursuant to Article 7(2)(b), point (ii). The delegated acts adopted pursuant to Article 4 shall also specify the period during which such instructions shall be made accessible online. Such period shall not be less that 10 years after placing the product on the market.

Article 21 – paragraph 7 a (new): 7a. When providing the instructions referred to in paragraph 7, the manufacturer shall present them in a format that makes it possible to download them and save on an electronic device so that the consumer or other end-user can access them at all times.

Article 21 – paragraph 7 b (new): 7b. Upon request of the consumer or other end-user at the time of the purchase or up to 6 months after that purchase, the manufacturer shall provide the instructions in paper format free of charge.

Article 21 – paragraph 7 c (new): 7c. The delegated acts adopted pursuant to Article 4 may specify, in well-justified cases, that certain concise information forming part of the instructions provided for in paragraph 7 of this Article may be provided in paper format.

Article 21 – paragraph 8 – subparagraph 1: Manufacturers who consider or have reason to believe that a product covered by a delegated act adopted pursuant to Article 4 that they has been placed on the market or put into service is not in conformity with the requirements set out in those delegated acts shall without undue delay take the necessary corrective measures to bring that product into conformity, or to immediately withdraw it or recall it, if appropriate.

Article 21 – paragraph 8 a (new): 8a. Manufacturers shall establish publicly available communication channels such as a telephone number, electronic address or dedicated section of their website, taking into account the accessibility needs for persons with disabilities, in order to allow end-users to submit complaints or concerns regarding the potential non-conformity of products. / Manufacturers shall take appropriate measures when they consider that there is a case of non-compliance with the requirements set out in this Regulation, and inform market surveillance authorities. Manufacturers shall keep a register of complaints and concerns only as long as it is necessary for the purpose of this Regulation and make it available upon request from a market surveillance authority.

Article 21 – paragraph 9 – subparagraph 1: Manufacturers shall, further to a reasoned request from a competent national authority, provide all the information and documentation necessary to demonstrate the conformity of the product, including the technical documentation in a language that can be easily understood by that authority. That information and documentation shall be provided in either paper or electronic form. The relevant documents shall be made available as soon as possible and no later than within 15 days of receipt of a request by a competent national authority.

Article 22 – paragraph 2 – point d: (d) further to a request from a competent national authority, make available relevant documents as soon as possible and no later than within 15 days of the receipt of such a request;

Article 23 – paragraph 4: 4. Importers shall ensure that the product is accompanied by instructions that enable the consumer to assemble, install, operate, store, maintain, repair and dispose of the product, in a language that can be easily understood by consumers and other end users, as determined by the Member State concerned. Such instructions shall be clear, understandable and legible and shall include at least the information specified in the delegated acts adopted pursuant to Article 4. The obligations set in Article 21, paragraphs 7b and 7c shall apply mutatis mutandis.

Article 23 – paragraph 6 – subparagraph 1: Importers who consider or have reason to believe that a product covered by a delegated act adopted pursuant to Article 4, which they have placed on the market or put into service, is not in conformity with the requirements set out in that act shall without undue delay take the corrective measures necessary to bring that product into conformity, or to immediately withdraw it or recall it, if appropriate.

Article 23 – paragraph 8 – subparagraph 1: Importers shall, further to a reasoned request from a competent national authority, provide it with all the information and documentation necessary to demonstrate the conformity of a product, including technical documentation, in a language that can be easily understood by that authority. That information and documentation shall be provided in either paper or electronic form. The relevant documents shall be made available as soon as possible and no later than within 15 days of receipt of a request by the competent authority of a Member State.

Article 24 – paragraph 2 – point b: (b) the product is accompanied by the required documents and by instructions, to enable the consumer to assemble, install, operate, store, maintain, and dispose of the product, in a language that can be easily understood by consumers and other end-users, as determined by the Member State in which the product is to be made available on the market, and that such instructions are clear, understandable and legible and include at least the information set out in Article 7(2), point (b), point (ii), as laid down in the delegated act adopted pursuant to Article 4; the obligations set in Article 21, paragraphs 7b and 7c, shall apply mutatis mutandis;

Article 25 – paragraph 3 – point c: (c) not provide or display other labels, marks, symbols or inscriptions that are likely to mislead or confuse customers with respect to the information included on the label regarding ecodesign requirements.

Article 25 a (new): Article 25a / Obligations of suppliers / The supplier of a substance or a mixture or the supplier of an article shall provide free of charge all the relevant information to the economic operators to facilitate its compliance with the performance and information requirements set out in this Regulation.

Article 26 – paragraph 4 – point b: (b) not provide or display other labels, marks, symbols or inscriptions that are likely to mislead or confuse customers with respect to the information included on the label by mimicking mandatory labels or by providing information contradicting or inconsistent with mandatory labels. These restrictions shall not comprise the EU Ecolabel provided for in Regulation (EC) No 66/2010 and other nationally or regionally recognised EN ISO 14024 type 1-Ecolabels as referred to in that Regulation.

Article 29 – title: Obligations of online marketplaces

Article 29 – paragraph 1: 1. Online marketplaces shall cooperate, for the purposes of this Regulation, with the market surveillance authorities, at the request of the market surveillance authorities and in specific cases, to facilitate any action taken to eliminate or, if that is not possible, to mitigate the risks presented by a product that is or was offered for sale online through their services. / (deleted) / (deleted) / (deleted) / (deleted) / (deleted)

Article 29 – paragraph 2 – subparagraph 1: deleted

Article 29 – paragraph 2 – subparagraph 2: deleted

Article 29 – paragraph 2 – subparagraph 3: deleted

Article 29 – paragraph 3: 3. As far as powers conferred by Member States in accordance with Article 14 of Regulation (EU) 2019/1020 are concerned, Member States shall confer on their market surveillance authorities the power, as regards specific content referring to an offer of a non-compliant product with the requirements of this Regulation, to issue an order requiring the providers of online marketplaces to remove such content from their online interface, disable access to it or display an explicit warning to end-users when they access it. Such orders shall comply with [Article 8(1)] of Regulation (EU) …/… [the Digital Services Act].

Article 29 – paragraph 4: deleted

Article 29 – paragraph 5 – subparagraph 1: Online marketplaces shall establish or appoint an existing contact point as a single contact point allowing for direct communication with Member States’ market surveillance authorities in relation to compliance with this Regulation and the delegated acts adopted pursuant to Article 4 and enable consumers to communicate directly and rapidly with them in relation to ecodesign requirements.

Article 29 – paragraph 5 – subparagraph 2: This contact point may be the same contact point as the one referred to in [Article 20(1)] of Regulation (EU) …/… [the General Product Safety Regulation] or Article 11 of Regulation (EU) 2022/2065.

Article 30 – paragraph 1 – point c: (c) information allowing the identification of the product, including a picture of it, its type and any other product identifier.

Article 30 – paragraph 3 – subparagraph 1 – introductory part: When requiring, upon a reasoned request from a national competent authority, manufacturers, their authorised representatives or importers to make parts of the technical documentation related to the relevant product digitally available pursuant to Article 4, third subparagraph, point (a), the Commission shall take into account the following criteria:

Article 31 – paragraph 3 – subparagraph 1 – point a a (new): (aa) the need to ensure protection of data and data privacy;

Article 31 – paragraph 3 – subparagraph 2 – point a: (a) collecting the in-use data if it can be accessed remotely via the internet following explicit consent by the end-user in accordance with Regulation (EU) 2016/679 to make the data available;

Article 33 – paragraph 4 – subparagraph 1: Software or firmware updates shall not significantly worsen product performance in relation to any of the product parameters regulated in delegated acts adopted pursuant to Article 4 by which the products are covered or the functional performance from the perspective of the user when measured with the test method used for the conformity assessment, except with explicit consent of the end-user prior to the update. No performance change shall occur as a result of rejecting the update.

Article 35 – paragraph 1 – subparagraph 2: Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 67(3). Where a harmonised standard is adopted by a European standardisation organisation and proposed to the Commission for the publication of its reference in the Official Journal of the European Union, the Commission shall assess the harmonised standards in accordance with Regulation (EU) 1025/2012. When the reference of a harmonised standard is published in the Official Journal of the European Union, the Commission shall repeal the implementing acts or parts thereof containing the same ecodesign requirements.

Article 58 – paragraph 1: 1. Without prejudice to Directives 2014/24/EU and 2014/25/EU, requirements pursuant to Article 4, third subparagraph, point (h) for public contracts awarded by contracting authorities, as defined in Article 2(1) of Directive 2014/24/EU or Article 3(1) of Directive 2014/25/EU, or contracting entities, as defined in Article 4(1) of Directive 2014/25/EU, shall take the form of mandatory technical specifications, selection criteria, award criteria, contract performance clauses, or targets, as appropriate.

Article 58 – paragraph 1 a (new): 1a. Member States, together with the Commission, shall provide assistance to national contracting authorities to upskill and reskill staff in charge of green public procurement.

Article 58 – paragraph 2 – point b: (b) environmental benefits and the need to ensure sufficient demand for more environmentally sustainable products;

Article 59 – paragraph 1 – subparagraph 1: Without prejudice to Article 13 of Regulation (EU) 2019/1020, each Member State shall, at least every 2 years, draw up an action plan outlining the market surveillance activities planned to ensure that appropriate checks, including physical and laboratory checks based on adequate samples, are performed on an adequate scale in relation to this Regulation and the delegated acts adopted pursuant to Article 4. Each Member State shall draw up the first such action plan by [16 July 2024].

Article 59 – paragraph 1 – subparagraph 2 – point b: (b) the market surveillance activities planned in order to reduce or bring to an end non-compliance for those products or requirements identified as priorities, including the nature and minimum number of checks to be performed during the period covered by the action plan.

Article 59 – paragraph 2 – point b a (new): (ba) the number of complaints received from end-users, consumer organisations or other information received from economic operators or the media;

Article 59 – paragraph 3: 3. The nature and number of checks planned pursuant to paragraph 1, point (b), shall be proportionate to the objective criteria used to identify the priorities in line with paragraph 2. For product categories identified as representing a high risk of non-compliance, market surveillance authorities shall consider that those checks shall include physical and laboratory checks based on adequate samples.

Article 59 – paragraph 3 a (new): 3a. In order to carry out market surveillance in relation to this Regulation and to the delegated acts adopted pursuant to Article 4, Member States shall ensure that their market surveillance authorities have the necessary resources, including sufficient budgetary and other resources, such as a sufficient number of competent personnel, expertise, procedures and other arrangements for the proper performance of their duties.

Article 59 – paragraph 5 – subparagraph 1: The Commission may adopt delegated acts in accordance with Article 66 to supplement this Regulation by listing the products or requirements that Member States shall include as priorities for market surveillance pursuant to paragraph 1, point (a).

Article 59 – paragraph 5 – subparagraph 2: deleted

Article 60 – paragraph 1 – subparagraph 2 – point d: (d) where relevant, the priorities included in the delegated acts referred to in Article 59(5).

Article 61 – paragraph 1: 1. Market surveillance authorities shall enter into the information and communication system referred to in Article 34 of Regulation (EU) 2019/1020 information on the number and nature of checks performed, as well as the nature and severity of any penalty imposed in relation to non-compliance with this Regulation.

Article 61 – paragraph 3: 3. The Commission shall publish the report referred to in paragraph 2 of this Article in the information and communication system referred to in Article 34 of Regulation (EU) 2019/1020 and shall make public both a summary of the report and the report.

Article 62 – paragraph 2 – subparagraph 1 – point d a (new): (da) where appropriate, consult with stakeholders and experts.

Article 63 – paragraph 1 – subparagraph 2: Where, in the course of that evaluation, the market surveillance authorities find that the product does not comply with the requirements laid down in the applicable delegated acts adopted pursuant to Article 4, they shall without delay require the relevant economic operator to take appropriate and proportionate corrective action, within a reasonable period prescribed by the market surveillance authorities and commensurate with the nature and where relevant the degree of the non-compliance, to bring the non-compliance to an end. The corrective action required to be taken by the economic operator may include as a minimum the actions listed in Article 16(3) of Regulation (EU) 2019/1020.

Article 66 – paragraph 2: 2. The power to adopt delegated acts referred to in Article 4, Article 9(1), second subparagraph, Article 11(4), Article 20(3), and Article 61(1) shall be conferred on the Commission for a period of five years from [the date of entry into force of this act]. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.

Article 66 – paragraph 3: 3. The delegation of power referred to in Article 4, Article 9(1), second subparagraph, Article 11(4), Article 20(3), and Article 60(1) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect on the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.

Article 68 – paragraph 1: Member States shall lay down the rules on penalties applicable to infringements of this Regulation and shall take all measures necessary to ensure that they are implemented. The penalties provided for shall be effective, proportionate and dissuasive. Member States shall notify the Commission of those provisions by [one year after the date of application of this Regulation] at the latest and shall notify it without delay of any subsequent amendment affecting them.

Article 68 – paragraph 1 a (new): When determining the type and level of penalties to be imposed in the event of infringements, the competent authorities of the Member States shall give due regard to the following criteria: / (a) the nature, gravity and duration of the infringement, including the number of units of non-complying products placed on the Union market; / (b) where appropriate, the intentional or negligent character of the infringement; / (c) the financial strength of the natural or legal person held responsible, as indicated for example by the total turnover of the legal person held responsible or the annual income of the natural person held responsible; / (d) the economic benefits derived from the infringement by the natural or legal person held responsible, insofar as they can be determined; / (e) the damage to human health or the environment caused by the infringement, insofar as it can be determined; / (f) any action taken by the natural or legal person held responsible to mitigate or remedy the damage caused; / (g) the level of cooperation of the natural or legal person held responsible with the competent authority; / (h) previous infringements by the natural or legal person held responsible; / (i) any action aiming to circumvent or obstruct administrative controls and / (j) any other aggravating or mitigating factor applicable to the circumstances of the case.

Article 68 – paragraph 1 b (new): The Member States shall at least be able to impose the following penalties in the event of infringements of this Regulation: / (a) fines; / (b) confiscation of revenues gained by the natural or legal person from a transaction related to the infringement; / (c) exclusion from public procurement procedures.