Changes between two versions
What changed between the draft committee report and the plenary report
From · draft committee report· 6 Dec 2022
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
To · plenary report· 22 Jun 2023
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
These two texts have too little in common to compare paragraph by paragraph: they are different documents rather than versions of one (for example one group’s motion and the joint text that was adopted).
+225 added · −103 removed · 16 changed paragraphs, packaging included.
Part 2 of 8: Paragraphs 61–120
Removed:Article 2 – paragraph 1 – point 7: (7) ‘ecodesign requirement’ means a performance requirement or an information requirement aimed at making a product more environmentally and socially sustainable;
Added:Recital 35: (35) Any processing of personal data pursuant to this Regulation should comply with the applicable rules on the protection of personal data. Processing of personal data by the competent national authorities within Member States should be carried out in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council66 with particular attention being paid to the principles of data protection by design and by default. Processing of personal data by the Commission should be carried out in accordance with Regulation (EU) 2018/1725 of the European Parliament and of the Council67. Personal data of end-users should not be stored in the digital product passport.
Removed:Article 2 – paragraph 1 – point 23: (23) ‘environmental footprint’ means a quantification of a product’s environmental impacts, whether in relation to a single environmental impact category or an aggregated set of impact categories based on the Product Environmental Footprint method or other scientifically validated methods;
Added:Recital 39: (39) To drive consumers towards sustainable choices, labels should, when required by the delegated acts adopted pursuant to this Regulation, provide clear and easily understandable information allowing for the effective comparison of products, for instance by indicating classes of performance. Specifically for consumers, physical labels can be an additional source of information at the place of sale. They can provide a quick visual basis for consumers to distinguish between products based on their performance in relation to a specific product parameter or set of product parameters. They should, where appropriate, also allow for the accessing of additional information by bearing specific references like website addresses, dynamic QR codes, links to online labels or any appropriate consumer-oriented means. The Commission should set out in the relevant delegated act the most effective way of displaying such labels, including in the case of online distance selling, taking into account the implications for customers and economic operators and the characteristics of the products concerned. The Commission may also require the label to be printed on the packaging of the product.
Removed:Other robust existing validated methodologies and standards to assess the environmental footprint of products should be considered in addition to PEF methodology and rules. There are in fact limitations with the current PEF approach.
Added:Recital 41: (41) Consumers should be protected from misleading information that could hamper their choices for more sustainable products. For this reasons it should be prohibited to place on the market products bearing a label with misleading or contradictory information or mimicking the labels provided for in this Regulation. However, it should be possible to continue to display an EU Ecolabel or other existing type I ecolabels as set out in Regulation (EC) No 66/2010.
Removed:Article 2 – paragraph 1 – point 37: (37) ‘unsold consumer product’ means any consumer product fit for consumption and sale that has not been sold, including surplus, excessive inventory, overstock and deadstock, including products returned by a consumer in view of their right of withdrawal in accordance with Article 9 of Directive (EU) 2011/83/EU which have not been placed back on the market;
Added:Recital 42: (42) To deliver in the most efficient way on the European Green Deal’s objectives and to address the most impactful products first, the Commission should carry out a prioritisation of products to be regulated under this Regulation and requirements that will apply to them. Based on the process followed for prioritisation under Directive 2009/125/EC, the Commission should adopt a working plan, covering at least 3 years, laying down a list of product groups for which it plans to adopt delegated acts as well as the product aspects for which it intends to adopt delegated acts of horizontal application, and the estimated timelines for their establishment. The working plan and its updates should be publicly available and presented to the European Parliament before their adoption. The Commission should consider in particular those product groups identified in this Regulation, and base its prioritisation on a set of criteria pertaining in particular to the delegated acts’ contribution to the Union climate, environmental and energy objectives and their potential for improving the product aspects selected without disproportionate costs to the public and economic operators. Considering their importance for meeting the Union’s energy objectives, the working plans should include an adequate share of actions related to energy-related products. Member States and stakeholders should also be consulted through the Ecodesign Forum. Due to the complementarities between this Regulation and Regulat…
Removed:The concept of “unsold consumer products” must only cover products that are fit for consumption and for sale and should clearly be distinguished from the notion of “waste”, which includes products that are required to be discarded.
Added:Recital 42 a (new): (42a) The cement industry, as one of the most energy-, material- and carbon- intensive sectors, is currently responsible for around 7% of global and 4% of EU CO2 emissions1a, which makes it a key sector for alignment with the Paris climate agreement and the Union’s climate objectives as quickly as possible. While construction products, including cement, are to be covered under [the forthcoming Regulation laying down harmonised conditions for the marketing of construction products, amending Regulation (EU) 2019/1020 and repealing Regulation (EU) 305/2011 (2022/0094 COD)], they remain under the scope of this Regulation. To avoid a lack of product requirements urgently needed to reach our climate and environment objectives, any absence of adequate performance and information requirements for these products under [the forthcoming Regulation laying down harmonised conditions for the marketing of construction products, amending Regulation (EU) 2019/1020 and repealing Regulation (EU) 305/2011 (2022/0094 COD)] should trigger their inclusion in the next working plan of this Regulation. / 1a Decarbonisation options for the cement industry, EUR 31378 EN, Publications Office of the European Union, Luxembourg, 2023, ISBN 978-92-76-61599-6, doi:10.2760/174037, JRC131246.
Removed:Article 2 – paragraph 1 – point 39: (39) ‘making available on the market’ means any supply of a product for distribution, consumption or use on the Union market in the course of a commercial activity, whether in return for payment or free of charge, including through online marketplaces;
Added:Recital 43: (43) When formulating working plans, the Commission should take into account that, in continuation of current practice, [the revised Construction Products Regulation] will, in relation to energy-related products that are also construction products, give prevalence to sustainability requirements set under this Regulation. This should be the case for instance for heaters, boilers, heat pumps, water and space heating appliances, fans, cooling and ventilating systems and photovoltaic products (excluding building-integrated photovoltaic panels). For these products, [the revised Construction Products Regulation] may intervene in a complementary manner where needed, mainly in relation to safety aspects, also taking account of other Union legislation on products such as on gas appliances, low voltage, and machinery.
Removed:It is important that online marketplaces are clearly covered by the same responsibilities of bricks-and-mortar marketplaces. More and more consumers purchase products online with the expectation that products bought online comply with the same level of compliance of existing sustainability rules and that the actors involved in the sale of goods online are bound by the same responsibilities.
Added:Recital 44: (44) In order to encourage self-regulation as a valid alternative to regulatory approaches, this Regulation should, in continuation of Directive 2009/125/EC, include the possibility for industry to submit self-regulation measures when those products or product groups are not included in the ecodesign working plan. Self-regulation measures should be aligned with the objectives of this Regulation. The Commission should assess the self- regulation measures proposed by industry, along with the information and evidence submitted by the signatories, including in light of the international trade commitments of the Union and the need to ensure coherence with Union law. The Commission is empowered to adopt delegated acts to adopt and update an act listing the self-regulation measures considered as valid alternatives to a delegated act setting ecodesign requirements. It is also appropriate, for instance in view of relevant market or technological developments within the product group concerned, that the Commission be able to request a revised version of the self-regulation measure whenever considered necessary. Once a self-regulation measure is listed in a delegated act, there is a legitimate expectation for economic operators that the Commission will not adopt a delegated act establishing ecodesign requirements for this specific product group. However, it is not excluded that the Commission may adopt horizontal ecodesign requirements also applying to the products covered by a recognis…
Removed:Article 2 – paragraph 1 – point 40: (40) ‘placing on the market’ means the first making available of a product on the Union market, including through online marketplaces;
Added:Recital 45: (45) Micro, small and medium-sized enterprises (SMEs) could greatly benefit from an increase in the demand for sustainable products but could also face costs and difficulties with some of the requirements. In order to support SMEs, the Member States and the Commission should, in their respective areas of responsibility, provide adequate information, ensure targeted and specialised training, and provide specific assistance and support, including, through existing funding and financing tools financial, to micro-enterprises and SMEs active in the manufacturing of products for which ecodesign requirements are set. Those measures should at least include specific mechanisms to facilitate compliance with the requirements set out in the product passport and with conducting life-cycle assessments. Member States actions should be taken in respect of applicable State aid rules.
Removed:It is important that online marketplaces are clearly covered by the same responsibilities of bricks-and-mortar marketplaces. More and more consumers purchase products online with the expectation that products bought online comply with the same level of compliance of existing sustainability rules and that the actors involved in the sale of goods online are bound by the same responsibilities.
Added:Recital 46: (46) The destruction of unsold consumer products, such as textiles and footwear as well as electrical and electronic equipment or devices by economic operators is becoming a widespread environmental problem across the Union, in particular due to the rapid growth of online sales. It amounts to a loss of valuable economic resources as goods are produced, transported and afterwards destroyed without ever being used for their intended purpose. It is therefore necessary, in the interest of environmental protection, that this Regulation establishes a framework to prevent the destruction of unsold products primarily intended for consumers pursuant to Directive (EU) 2019/771 of the European Parliament and of the Council69 , including products that have been returned by a consumer in view of their right of withdrawal as laid down by Directive (EU) 2011/83/EU of the European Parliament and of the Council70 . This will reduce the environmental impact of those products by reducing the generation of waste and by dis-incentivising overproduction of products. In addition, given that several Member States have introduced national legislation on the destruction of unsold consumer products thereby creating market distortions, harmonised rules on the destruction of unsold consumer products are necessary to ensure that distributors, retailers and other economic operators are subject to the same rules and incentives across Member States.
Removed:Article 2 – paragraph 1 – point 46: (46) ‘economic operator’ means the manufacturer, the authorised representative, the importer, the distributor, the dealer, the fulfilment service provider and the online marketplace;
Added:Recital 47: (47) To dis-incentivise the destruction of unsold consumer products and to further generate data on the occurrence of this practice, this Regulation should introduce a transparency obligation for economic operators holding consumer products in the Union, requiring them to disclose information on the number of unsold consumer products discarded per year on a website of the Commission. Economic operators should indicate the product type or category, the reasons for their discarding and their delivery for subsequent waste treatment operations. It should also be considered a best practice to include the required information in a publicly available non-financial statement drafted in accordance with Article 19a of Directive 2013/34/EU of the European Parliament and of the Council71 where applicable.
Removed:Today’s supply chains encompass a wide variety of economic operators who must all be subject to enforcement of EU sustainability legislation. Online marketplaces play an essential role in the supply chain: without their digital platform through which consumers find, compare, choose, pay and get delivered products, many products stemming from outside the EU would not get market access. It is therefore important to include them into this definition.
Added:Recital 48: (48) In order to avoid the destruction of unsold consumer products, where the destruction of such products is prevalent, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission to supplement this Regulation by prohibiting the destruction of such products. Given the wide range of products that may potentially be destroyed without ever being sold or used, it is necessary to establish such empowerment in this Regulation. However, the prohibition set in the delegated acts should apply to specific product groups to be determined based on an assessment by the Commission of the extent to which the destruction of such products takes place in practice, taking into account the information made available by economic operators where appropriate. To ensure that this obligation is proportionate, the Commission should consider specific exemptions under which destroying unsold consumer products may still be permitted, for instance in view of health and safety concerns. The Commission should also provide economic operators with sufficient time to adjust to the new requirements of such a ban. To monitor the effectiveness of this prohibition and to dis-incentivise circumvention, economic operators should be required to disclose the number of unsold consumer products destroyed and the reasons for their destruction under applicable exemptions. Finally, to avoid any undue administrative burden on small, medium and micro-enterprises, they should be exempted…
Removed:Article 2 – paragraph 1 – point 56: (56) ‘dealer’ means a retailer or any other natural or legal person who offers products for sale, hire or hire purchase, or displays products to customers in the course of a commercial activity, whether or not in return for payment, including through online platforms;
Added:Recital 59: (59) It is essential that online marketplaces cooperate closely with the market surveillance authorities. An obligation of cooperation with market surveillance authorities is imposed on information society service providers under Article 7(2) of Regulation (EU) 2019/1020 of the European Parliament and of the Council74 in relation to products covered by that Regulation, including products for which ecodesign requirements are set. In order to keep pace with technological development and new means of sale, the compliance by design obligations laid down for providers of online marketplaces in Article 31 of Regulation (EU) 2022/2065 of the European Parliament and of the Council74a should apply for the purpose of information required by Article 25 and 30(1) of this Regulation and, where applicable, for the requirements laid down in the delegated acts adopted pursuant to Article 4 of this Regulation. The enforcement of those obligations should be subject to the rules laid down in Chapter IV of Regulation (EU) 2022/2065. For the purposes of Article 31, paragraph 3, of Regulation (EU) 2022/2065, providers of online marketplaces should make use at least of the information and communication system referred to in Article 34 of Regulation (EU) 2019/1020. It should be possible for the single point of contact under this Regulation to be the same as the point of contact under Article 11 of Regulation (EU) 2022/2065, without endangering the objective of treating issues linked to product safet…
Removed:With growing online sales and offer, it should be made clear that all forms of distribution are covered in the definition of distributor
Added:Recital 68: (68) The current Union standardisation framework which is based on the principles of the so-called ‘New Approach’ and on Regulation (EU) 1025/2012 represents the framework to elaborate standards that provide a presumption of conformity with the relevant requirements set out in this Regulation. In the absence of relevant references to harmonised standards, recourse to common specifications, via the adoption of implementing acts, should be used as a fall-back solution to facilitate the manufacturer’s obligation to comply with ecodesign requirements, for instance when the standardisation process is blocked due to lack of consensus between stakeholders or where there are undue delays in establishing a harmonised standard and the prescribed deadline cannot be respected. Such delays could for example occur when the required quality is not reached. In addition, recourse to this solution should be possible where the Commission has restricted or withdrawn the references to relevant harmonised standards in line with Article 11(5) of Regulation (EU) No 1025/2012. Compliance with common specifications should also give rise to the presumption of conformity. In order to ensure efficiency, the Commission should involve relevant stakeholders in the process of establishing the common specifications that cover the ecodesign requirements of this Regulation.
Removed:Article 2 – paragraph 1 – point 59 a (new): (59a) "premature obsolescence" means marketing a product with a feature which limits its foreseeable lifetime;
Added:Recital 86: (86) In order to incentivise consumers to make sustainable choices, in particular when the more sustainable products are not affordable enough, mechanisms such as eco-vouchers that can only be used to purchase products and services respecting the environment, and green taxation should be provided for. When Member States decide to make use of incentives to reward the best-performing products among those for which classes of performance have been set by delegated acts pursuant to this Regulation, they should do so by targeting those incentives at the highest two populated classes of performance, unless otherwise indicated by the relevant delegated act. However, Member States should not be able to prohibit the placing on the market of a product based on its class of performance. For the same reason, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission to supplement this Regulation by further specifying which product parameters or related levels of performance Member States’ incentives concern in case no class of performance is determined in the applicable delegated act or where classes of performance are established in relation to more than one product parameter. The introduction of Member State incentives should be without prejudice to the application of the Union State aid rules.
Removed:Article 2 – paragraph 1 – point 59 b (new): (59b) "independent repairer" means any natural or legal person who provides a repair service which is different and separate to the repair service provided by the manufacturer or dealer.
Added:Recital 87: (87) Public procurement amounts to 14% of the Union’s GDP. To contribute to the objective of reaching climate neutrality, improving energy and resource efficiency and transitioning to a circular economy that protects public health and biodiversity, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission to require , where appropriate, contracting authorities and entities as defined in Directive 2014/24/EU78 and 2014/25/EU79 of the European Parliament and of the Council, to align their procurement with specific green public procurement criteria or targets, to be set out in the delegated acts adopted pursuant to this Regulation. The criteria or targets set by delegated acts for specific product groups should be complied with not only when directly procuring those products in public supply contracts but also in public works or public services contracts where those products will be used for activities constituting the subject matter of those contracts. Compared to a voluntary approach, mandatory criteria or targets will ensure that the leverage of public spending to boost demand for better performing products is maximised in all Member States. The criteria should be transparent, objective and non-discriminatory.
Removed:In order to ensure a real right to repair this Regulation should aim for a high level of reparability of products. Therefore the Regulation shall ensure that the replacement and repairs should also be conducted, to the greatest extent possible, by independent repairers without affiliation to the economic operator who placed the product on the market.
Added:Recital 88: (88) Effective enforcement of ecodesign requirements is essential to ensure equal competition in the Union market and to ensure that this Regulation’s expected benefits and contribution to achieving the Union’s climate, energy and circularity objectives are achieved. Therefore, Regulation (EU) 2019/1020 setting out a horizontal framework for market surveillance and control of products entering the Union market should apply to products for which ecodesign requirements are set pursuant to this Regulation, in so far as there are no specific provisions with the same objective, nature or effect in this Regulation. In addition, to lower the problematic levels of non-compliance of products covered by implementing measures adopted under Directive 2009/125/EC, to better prevent non-compliance with future ecodesign requirements, and taking account of the broader scope and increased ambition of this Regulation compared to Directive 2009/125/EC, this Regulation should contain specific additional rules complementing the framework created by Regulation (EU) 2019/1020. Those specific additional rules should be aimed at further strengthening the planning, coordination and support of Member State efforts and should provide additional tools for the Commission to ensure sufficient action is taken by market surveillance authorities to prevent non-compliance with ecodesign requirements and re-establish compliance where relevant.
Removed:Article 2 – paragraph 4 a (new): The definitions of ‘supplier of a substance or a mixture’ and ‘supplier of an article’ in Article 3, points (32) and (33), of Regulation (EC) 1907/2006 of the European Parliament and of the Council1a shall apply. / 1a Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency, amending Directive 1999/45/EC and repealing Council Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC (OJ L 396, 30.12.2006, p. 1).
Added:Recital 90: (90) To ensure that appropriate checks are performed on an adequate scale in relation to ecodesign requirements, Member States should draw up a dedicated action plan identifying the products or requirements identified as priorities for market surveillance under this Regulation and the activities planned to reduce or bring to an end non-compliance of relevant products or with relevant ecodesign requirements. Where relevant, this action plan should be part of Member States’ national market surveillance strategies adopted pursuant to Article 13 of Regulation (EU) 2019/1020.
Removed:These definitions are key to implement provision on information flow across the value chain. The definition ensures coherence with REACH definitions regarding suppliers.
Added:Recital 91: (91) Priorities for market surveillance under this Regulation should be identified based on objective criteria such as the levels of non-compliance observed or the environmental impacts resulting from non-compliance or the number of complaints received. The activities planned to address those priorities should in turn be proportionate to the facts leading to their prioritisation. In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission to determine products and requirements that Member States should consider as priorities for market surveillance in the context of their action plans identifying priorities for market surveillance under this Regulation and activities planned to reduce non-compliance.
Removed:Article 4 – paragraph 2: When establishing ecodesign requirements in delegated acts referred to in the first subparagraph, the Commission shall provide economic operators with sufficient time to adjust to the new requirements, particularly taking into consideration the needs of SMEs. The Commission shall also supplement this Regulation by specifying the applicable conformity assessment procedures from among the modules set out in Annex IV to this Regulation and Annex II to Decision No 768/2008/EC, with the adaptations necessary in view of the product or ecodesign requirements concerned, in accordance with Article 36.
Added:Recital 92: (92) Where problematic levels of non-compliance with ecodesign requirements are observed despite the enhanced planning, coordination and support laid down by this Regulation, the Commission should be able to intervene promptly and efficiently to ensure that market surveillance authorities perform checks on an adequate scale. Therefore, in order to safeguard the effective enforcement of ecodesign requirements, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission to lay down a minimum number of checks to be performed on specific products or requirements. This empowerment should be additional to the empowerment in Article 11(4) of Regulation (EU) 2019/1020.
Removed:Businesses should be provided with sufficient time, flexibility and guidance to adapt to the ESPR requirements, which should be manageable and reasonable. Special consideration should be given to the needs of SMEs.
Added:Recital 94: (94) To further strengthen coordination of market surveillance authorities, the administrative cooperation group (‘ADCO’) set up pursuant to Regulation (EU) 2019/1020 should, for the purposes of identifying the products or requirements identified as priorities for market surveillance under this Regulation and the activities planned to reduce or bring to an end non-compliance is Regulation, meet at regular intervals and identify common priorities for market surveillance to be taken into account in Member States’ action plans, priorities for the provision of Union support, and ecodesign requirements that are interpreted differently leading to market distortion.
Removed:Article 5 – paragraph 1 – introductory part: The Commission shall, as appropriate to the relevant product groups and with due consideration for all stages of their life cycle, establish ecodesign requirements to improve any of the following product aspects:
Added:Recital 95: (95) To support Member States in their efforts to ensure sufficient action is taken to prevent non-compliance with ecodesign requirements, the Commission should, where relevant, make use of the support measures provided for in Regulation (EU) 2019/1020. The Commission should organise and, where appropriate finance, joint market surveillance and testing projects in areas of common interest, joint investments in market surveillance capacities and common trainings for the staff of market surveillance authorities, notifying authorities and notified bodies. In addition, the Commission should draw up guidelines on how to apply and enforce ecodesign requirements to ensure their harmonised application.
Removed:When it comes to specific requirements, future regulations within the ESPR establishing ecodesign requirements for products should consider the life cycle of the product and identify for each product groups the relevant product aspects, which should be improved in the delegated act. The Commission should however conduct a proper analysis of all the aspects listed under paragraph 1 of this article.
Added:Recital 101: (101) To enhance trust in products placed on the market, in particular as regards the fact that they comply with ecodesign requirements, the public needs to be sure that economic operators placing non-compliant products on the market will be subject to penalties. It is therefore necessary that Member States lay down effective, proportionate and dissuasive penalties in national law for failure to comply with this Regulation. To facilitate more consistent application of penalties, common non-exhaustive criteria should be established for determining the types and levels of penalties to be imposed in the event of infringements of this Regulation. Such criteria should include, inter alia, the nature and gravity of the infringement and the economic benefits derived from and the environmental damage caused by the infringement, insofar as these can be determined.
Removed:Article 5 – paragraph 1 – point c a (new): (ca) premature obsolescence;
Added:Article 1 – paragraph 1 – subparagraph 1 – introductory part: This Regulation establishes a framework to improve the environmental sustainability of products in order to make sustainable products the norm and to reduce their overall environmental footprint over their lifecycle, and to ensure free movement in the internal market by setting ecodesign requirements that products shall fulfil to be placed on the market or put into service. Those ecodesign requirements, which shall be further elaborated by the Commission in delegated acts, relate to:
Added:Article 1 – paragraph 1 – subparagraph 1 – point g: (g) product remanufacturing;
Added:Article 1 – paragraph 1 – subparagraph 1 – point g a (new): (ga) product recycling;
Added:Article 2 – paragraph 1 – point 13: (13) ‘end-of-life’ means the life cycle stage that begins when a product is discarded and ends when the waste material of the product is returned to nature or enters another product’s life cycle;
Added:Article 2 – paragraph 1 – point 15: (15) ‘class of performance’ means a range of performance levels in relation to one or more product parameters referred to in Annex I, based on a common methodology for the product or product group, ordered into successive steps to allow for product differentiation;
Added:Article 2 – paragraph 1 – point 16: (16) ‘remanufacturing’ means an industrial process in which a product is produced from objects that are waste, products or components and in which at least one change is made to the product that significantly affects the safety or performance, or affects the purpose or type of the product typically placed on the market with a commercial guarantee;
Added:Article 2 – paragraph 1 – point 17: (17) ‘upgrading’ means enhancing the functionality, performance, capacity, safety or aesthetics of a product;
Added:Article 2 – paragraph 1 – point 18: (18) ‘refurbishment’ means testing, maintaining or repairing an object that is a product or waste to restore its performance or functionality within the intended use originally conceived at the design stage, with the result of making a fully functional product;
Added:Article 2 – paragraph 1 – point 20 a (new): (20a) 'premature obsolescence' means making available on the market a product with a feature which limits its foreseeable lifetime;
Added:Article 2 – paragraph 1 – point 21: (21) ‘durability’ means the ability of a product to function and maintain for a certain period of time its required function and performance under normal conditions of use, maintenance and repair until a limiting event prevents the product from functioning;
Added:Article 2 – paragraph 1 – point 22: (22) ‘reliability’ means the high probability that a product functions as required under given conditions for a given duration without a limiting event;
Added:Article 2 – paragraph 1 – point 23: (23) ‘environmental footprint’ means a quantification of product life cycle’s environmental impacts, whether in relation to a single environmental impact category or an aggregated set of impact categories based on the Product Environmental Footprint method or other scientific methods developed by international organisations and widely tested in collaboration with different industry sectors and recognised by the Commission;
Added:Article 2 – paragraph 1 – point 25 a (new): (25a) 'material footprint' means the quantification of the materials needed for a product system as the sum of biomass, fossil fuels, metal ores and non-metallic minerals consumed;
Added:Article 2 – paragraph 1 – point 28 – point a: (a) meets the criteria laid down in Article 57 of Regulation (EC) No 1907/2006; or
Added:Article 2 – paragraph 1 – point 28 – point b – indent 9 a (new): - substances regulated under Regulation (EU) No 2019/1021 of the European Parliament and of the Council1a; / 1a Regulation (EU) 2019/1021 of the European Parliament and of the Council of 20 June 2019 on persistent organic pollutants (OJ L 169, 25.6.2019, p. 45).