Source: EURLEX
Language: en
Format: md

**Council of the**
**European Union**

**Interinstitutional File:**

**2022/0095(COD)**

**OUTCOME OF PROCEEDINGS**

From: General Secretariat of the Council

To: Delegations

No. prev. doc.: 9014/23 + ADD1 REV1 + ADD2

No. Cion doc.: 7854/22 + ADD 1-8

**Brussels, 23 May 2023**
**(OR. en)**

**9649/23**

**COMPET 468**
**MI 438**
**IND 259**
**ENER 246**
**ENV 516**
**CONSOM 186**
**CODEC 925**

Subject: 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

_- General approach_

Delegations will find attached the text of the general approach as adopted at the Competitiveness

Council on 22 May 2023.

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**ANNEX**

2022/0095 (COD)

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**

**(Text with EEA relevance)**

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 114

thereof,

Having regard to the proposal from the European Commission,

After transmission of the draft legislative act to the national parliaments,

Having regard to the opinion of the European Economic and Social Committee **[1]**,

Acting in accordance with the ordinary legislative procedure,

**1** OJ C,, p. .

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Whereas:

(1) The European Green Deal **[2]** is Europe’s sustainable growth strategy that aims to transform the

Union into a fair and prosperous society, with a modern, competitive, climate-neutral and

circular economy. It sets the ambitious objective of ensuring that the Union becomes the first

climate neutral continent by 2050. It recognises the advantages of investing in the Union’s

competitive sustainability by building a fairer, greener and more digital Europe. Products

have a pivotal role to play in this green transition. Underlining that current production

processes and consumption patterns remain too linear and dependent on a throughput of new

materials extracted, traded and processed goods **that are** ~~and~~ finally disposed of as waste or

emissions, the European Green Deal emphasises the urgent need to transition to a circular

economy model and stresses the significant progress that remains to be made. It also identifies

energy efficiency as a priority for the decarbonisation of the energy sector and for reaching

the climate objectives in 2030 and 2050.

**2** Communication from the Commission to the European Parliament, the European Council,
the Council, the European Economic and Social Committee and the Committee of the
Regions _The European Green Deal_ COM(2019)640 final.

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(2) To accelerate the transition to a circular economy model, the Commission designed a future

oriented agenda in its Circular Economy Action Plan for a cleaner and more competitive

Europe **[3]** (CEAP), with the objective of making the regulatory framework fit for a sustainable

future. As set out in ~~this~~ **that** plan, there is currently no comprehensive set of requirements to

ensure that all products placed on the Union market become increasingly sustainable and

stand the test of circularity. In particular, product design does not sufficiently promote

sustainability over the whole life cycle. As a result, products are being replaced frequently,

involving significant energy and resource use in order to produce and distribute new products

and dispose of old ones. **Due to the lack of relevant information and affordable options**, **it**

~~It~~ is still too difficult for economic operators and citizens to make sustainable choices in

relation to products ~~given that relevant information and affordable options to do so are~~

~~lacking.~~ This leads to missed opportunities for sustainability and for value-retaining

operations, limited demand for secondary materials and obstacles to the adoption of circular

business models.

**-**
**(2a) A fully functioning internal market for sustainable products is a pre** **requisite for the**

**establishment of a circular economy in the Union. Common ecodesign requirements at**

**-**
**Union level would enable the development, deployment and scale** **up of new circular**

**economy business models throughout the internal market and boost long-term**

**competitiveness of the Union. Such measures would also remove a disproportionate**

**burden on companies and provide industry and consumers with access to reliable and**

**clear data, thereby allowing for more sustainable choices to be made.**

3 Communication from the Commission to the European Parliament, the European Council,
the Council, the European Economic and Social Committee and the Committee of the
Regions _A new Circular Economy Action Plan For a cleaner and more competitive Europe_
COM(2020)98 final.

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(3) The European Industrial Strategy **[4]** sets out the Union’s overarching ambition to foster a ‘twin

transition’ to climate neutrality and digital leadership. It echoes the European Green Deal in

pointing to the leading role that Europe’s industry must play in ~~this~~ **that**, by reducing its

carbon and material footprint and embedding circularity across the economy, and underlines

the need to move away from traditional models, and revolutionise the way we design, make,

use and dispose of products. The 2021 Update to the Industrial Strategy **[5]** reinforces the main

messages of the 2020 Strategy and focuses on the lessons from the COVID-19 crisis,

including the need to foster resilience.

**4** Communication from the Commission to the European Parliament, the European Council,
the Council, the European Economic and Social Committee and the Committee of the
Regions _A New Industrial Strategy for Europe_ COM(2020)102 final.
**5** Communication from the Commission to the European Parliament, the European Council,
the Council, the European Economic and Social Committee and the Committee of the
Regions _Updating the 2020 New Industrial Strategy: Building a stronger Single Market for_
_Europe’s recovery_ COM(2021)350 final

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(4) In the absence of legislation at Union level, diverging national approaches to improving the

environmental sustainability of products have already emerged, ranging from information

requirements on the duration of software compatibility of electronic devices to reporting

obligations on handling unsold durable goods. This is an indication that further national

efforts to achieve the aims pursued by this Regulation will likely lead to further fragmentation

of the internal market. Therefore, in order to **contribute to** ~~safeguard t~~ he functioning of the

internal market while ensuring a high level of environmental protection, ~~there is a need for~~ a

**harmonised** regulatory framework to progressively introduce ecodesign requirements for

products **is needed** . This Regulation will **provide such a framework**, by making the

ecodesign approach initially set out in Directive 2009/125/EC of the European Parliament and

of the Council **[6]** applicable to the broadest possible range of products, ~~provide such a~~

~~framework.~~ **In view of the importance of sustainable products for the transition to a climate-**

**neutral and circular economy, and in order to provide legal certainty to all operators**

**involved and to prevent barriers in the internal market, it is necessary to create a**

**harmonised regulatory framework for setting ecodesign requirements for products that are**

**placed on the market.**

**6** Directive 2009/125/EC of the European Parliament and of the Council of 21 October 2009
establishing a framework for the setting of ecodesign requirements for energy-related
products (Text with EEA relevance) (OJ L 285, 31.10.2009, p. 10).

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(5) This Regulation will contribute to making products fit for a climate-neutral, resource-efficient

and circular economy, reducing waste and ensuring that the performance of frontrunners in

sustainability progressively becomes the norm. It should provide for the setting of new

ecodesign requirements to improve product durability, **including preventing premature**

**obsolescence of products,** reusability, upgradability and reparability, **including non-**

**destructive replacement of product components,** improve possibilities for **lightweight**

**design,** refurbishment and maintenance, address the presence of hazardous chemicals in

products, increase their energy and resource efficiency, **including in regard to strategic and**

**critical raw materials,** reduce their expected generation of waste ~~materials~~ and increase

recycled content in products, while ensuring their performance and safety, enabling

remanufacturing and high-quality recycling and reducing carbon and environmental

footprints. **Ecodesign requirements could also concern resource use, including**

**requirements related to usage of renewable resources or materials with bio-based**

**content in the product.**

(6) The European Parliament, in its Resolution of 25 November 2020 ‘Towards a more

sustainable single market for business and consumers’ **[7]**, welcomed promoting durable

products which are easier to repair, re-use and recycle. In its report on the New Circular

Economy Action Plan adopted on 16 February 2021 **[8]**, the European Parliament further

endorsed the agenda presented by the Commission in the CEAP. It considered that the

transition to a circular economy can provide solutions to address the current environmental

challenges and the economic crisis brought on by the COVID-19 pandemic. The Council, in

its conclusions on ‘Making the Recovery Circular and Green’ adopted on 11 December 2020 **[9]**,

also welcomed the Commission’s intention to submit legislative proposals as part of a

comprehensive and integrated sustainable product policy framework that promotes climate

neutrality, energy and resource efficiency and a non-toxic circular economy, **that** protects

public health and biodiversity, and empowers and protects consumers and public buyers.

**7** P9_TA(2020)0318.
**8** [P9_TA(2021)0040.](https://www.europarl.europa.eu/doceo/document/TA-9-2021-0040_EN.html)
**9** 13852/20.

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(7) This Regulation should contribute to achieving the Union’s climate and energy objectives. In

line with the goals set out in the Paris Agreement, ratified by the Union in 2016 **[10]**, Regulation

(EU) 2021/1119 of the European Parliament and of the Council, the ‘European Climate

Law’ **[11]** establishes a binding Union domestic reduction commitment of net greenhouse gas

emissions of at least 55 % by 2030 and enshrines in legislation the target of economy-wide

climate neutrality by 2050. In 2021 the Commission adopted the Fit for 55 Package **[12]** to make

the Union’s climate and energy policies fit for achieving these objectives. To do so, in line

with the energy efficiency first principle enshrined in Directive (EU) 2018/2002 of the

European Parliament and of the Council **[13]**, energy efficiency improvements need to be

significantly stepped up, to around 36% in terms of final energy consumption by 2030 **[14]** .

Product requirements established under this Regulation should play a significant role towards

this target by substantially decreasing products’ energy footprint. ~~These~~ **Those reaching**

energy efficiency requirements will also reduce consumer vulnerability to energy price

increases. As recognised by the Paris Agreement improving the sustainability of consumption

and production will also play an important role in addressing climate change.

10 Council Decision (EU) 2016/1841 of 5 October 2016 on the conclusion, on behalf of the
European Union, of the Paris Agreement adopted under the United Nations Framework
Convention on Climate Change (OJ L 282, 19.10.2016, p. 1).
11 Regulation (EU) 2021/1119 of the European Parliament and of the Council of 30 June 2021
establishing the framework for achieving climate neutrality and amending Regulations (EC)
No 401/2009 and (EU) 2018/1999 (‘European Climate Law’) (OJ L 243, 9.7.2021, p. 1).
12 [https://ec.europa.eu/commission/presscorner/detail/en/IP_21_3541](https://ec.europa.eu/commission/presscorner/detail/en/IP_21_3541)
13 Directive (EU) 2018/2002 of the European Parliament and of the Council of 11 December
2018 amending Directive 2012/27/EU on energy efficiency (OJ L 328, 21.12.2018, p. 210).
14 According to the impact assessment accompanying the Climate Target Plan ( _Stepping up_
_Europe’s 2030 climate ambition – Investing in a climate-neutral future for the benefit of our_
_people_, COM/2020/562 final) and to the [Energy Efficiency Directive proposal]

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(8) This Regulation should also contribute to achieving the Union’s wider environmental

objectives. The 8th Environmental Action Programme **[15]** enshrines in a legal framework the

Union’s objective of staying within the planetary boundaries and identifies enabling

conditions to achieve priority objectives, which include the transition to a non-toxic circular

economy. The European Green Deal also calls for the Union to better monitor, report, prevent

and remedy air, water, soil and consumer products pollution. This means that chemicals,

materials and products have to be as safe and sustainable as possible by design and during

their life cycle, leading to non-toxic material cycles **[16]** . In addition, both the European Green

Deal and the CEAP recognise that the Union internal market provides a critical mass that is

able to influence global standards on product sustainability and product design. This

Regulation should therefore play a significant role towards achieving several targets

established under the ~~United Nations’~~ Sustainable Development Goals of the ~~UN’s~~ ~~**U**~~ **nited**

**Nations** 2030 Agenda for Sustainable Development ‘Responsible consumption and

production’ **[17]**, both inside and outside the Union.

**15** Decision (EU) 2022/…. of the European Parliament and of the Council of … on a General

–
Union Environment Action Programme to 2030 [Add reference when published in OJ
trilogue agreement 2 December 2021].
**16** As set out in the EU Action Plan _Towards zero pollution for air, water and soil_
(COM(2021)400 final) and the _Chemicals Strategy for Sustainability_ (COM(2020)667
final), which calls for embracing the zero pollution goals in production and consumption.
**17** Including in particular targets under SDG 12 (“Responsible consumption and production”).

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(9) Directive 2009/125/EC establishes a framework for the setting of ecodesign requirements for

energy-related products. **Together with Regulation (EU) 2017/1369 of the European**

**Parliament and of the Council** **[18]** **,** ~~It has, in combination with Regulation (EU) 2017/1369 of~~

~~the European Parliament and of the Council,~~ **it has** significantly reduced EU primary energy

demand for products and it is estimated these savings will continue to increase. Implementing

measures adopted under Directive 2009/125/EC have also included requirements on

circularity aspects, such as durability, reparability and recyclability. At the same time,

instruments such as the EU Ecolabel, introduced by Regulation (EC) No 66/2010 of the

European Parliament and of the Council **[19]** or the EU green public procurement criteria **[20]** are

broader in scope but have a reduced impact due to the limitations of voluntary approaches.

(10) Directive 2009/125/EC has been generally successful in fostering the energy efficiency and

some circularity aspects of energy-related products, and its **ecodesign** approach has the

potential to progressively address the sustainability of all products. To deliver on Green Deal

commitments, this approach should be extended to other product groups and systematically

address key aspects for increasing the environmental sustainability of products with binding

requirements. By ensuring that only products that meet those requirements are placed on the

Union market, this Regulation should not only improve the free movement of such products

by avoiding national disparities, but also reduce the negative life cycle environmental impacts

of products for which such requirements are set.

18 Regulation (EU) 2017/1369 of the European Parliament and of the Council of 4 July 2017
setting a framework for energy labelling and repealing Directive 2010/30/EU (OJ L 198,
28.7.2017, p. 1).
19 Regulation (EC) No 66/2010 of the European Parliament and of the Council of 25
November 2009 on the EU Ecolabel (OJ L 27, 30.1.2010, p. 1).
20 Communication “Public procurement for a better environment” (COM (2008) 400)
[https://ec.europa.eu/environment/gpp/eu_gpp_criteria_en.htm](https://ec.europa.eu/environment/gpp/eu_gpp_criteria_en.htm)

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(11) In order to create an effective and future-proof **harmonised** regulatory framework, it is

necessary to allow for the setting of ecodesign requirements on all physical goods placed on

the market or put into service, including components and intermediate products. **Digital**

**content that is an integral part of a physical product should also be included in the**

**scope.** This should allow the Commissions to take into account the broadest range of products

possible when prioritising the ~~establishment~~ **setting** of ecodesign requirements and thereby

maximise their effectiveness. Where needed, specific exemptions should be made when

setting ecodesign requirements, **in particular** **where ecodesign requirements are not**

**necessary to contribute to the environmental sustainability of specific products parameters,**

**or** for example for products with a particular purpose that could not be fulfilled when

complying with ecodes ~~gi~~ **g** n requirements. In addition, ~~exemptions~~ **exclusions** should be made

at the level of the framework for those products for which it is already clear that ecodesign

requirements would not be suitable or where other frameworks provide for the setting of such

requirements. This should be the case for food and feed as defined in Regulation (EC) No

178/2002 of the European Parliament and of the Council **[21]**, medicinal products for human use

as defined in Directive 2001/83/EC of the European Parliament and of the Council **[22]**,

veterinary medicinal products as defined in Regulation (EU) 2019/6 of the European

Parliament and of the Council **[23]**, living plants, animals and micro-organisms, products of

human origin, ~~and~~ products of plants and animals relating directly to their future reproduction

**and vehicles as referred to in Article 2(1) of Regulation (EU) 2018/858, Regulation (EU)**

**No 167/2013, and Regulation (EU) No 168/2013** .

21 Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January
2002 laying down the general principles and requirements of food law, establishing the
European Food Safety Authority and laying down procedures in matters of food safety (OJ
L 31, 1.2.2002, p. 1).
22 Directive 2001/83/EC of the European Parliament and of the Council of 6 November 2001
on the Community code relating to medicinal products for human use (OJ L 311,
28.11.2001, p. 67).
23 Regulation (EU) 2019/6 of the European Parliament and of the Council of 11 December
2018 on veterinary medicinal products and repealing Directive 2001/82/EC (OJ L 4,
7.1.2019, p. 43).

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(12) The proposal for a Directive of the European Parliament and of the Council on the energy

performance of buildings (recast) **[24]** requires Member States to set minimum energy

performance requirements for building elements that form part of the building envelope and

system requirements in respect to overall energy performance, the proper installation and the

appropriate dimensioning, adjustment and control of technical building systems installed in

new or existing buildings. It is consistent with the objectives of this Regulation that these

minimum energy performance requirements may in certain circumstances limit the

installation of energy-related products which comply with this Regulation and its delegated

acts, provided that such requirements do not constitute an unjustifiable market barrier.

(13) In order to improve the environmental sustainability of products and to ensure the free

movement of products in the internal market, the power to adopt **delegated** acts in accordance

with Article 290 TFEU should be delegated to the Commission to supplement this Regulation

by setting out **the specific** ecodesign requirements **applicable** . Those ecodesign requirements

should in principle apply to specific product groups, such as washing machines or washing

machines and washer dryers. In order to maximise the effectiveness of ecodesign

requirements and to efficiently improve environmental sustainability of products, it should

also be possible to set out one or more horizontal ecodesign requirements for a wider range of

products groups **in the same delegated act**, such as electronic appliances or textiles.

Horizontal ecodesign requirements should be established where the ~~technical~~ similarities of

product groups allow their environmental sustainability to be improved based on the same

requirements.

24 COM (2021) 802 final.

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**(13a) When defining the product group, the Commission should consider inter alia if products**

**which are custom-made products and small series production should be exempted from**

**the application of all or parts of the ecodesign requirements. The Commission should**

**ensure that such exemptions do not lead to circumvention.**

(14) **Ecodesign requirements are performance and information requirements.** ~~In order to~~

~~allow the~~ ~~Commission to~~ ~~set~~ ~~requirements as appropriate to the product groups covered,~~

~~ecodesign requirements should include performance and information requirements.~~ Those

requirements should be used to improve product aspects relevant for environmental

sustainability, such as energy efficiency, durability, reparability and carbon and

environmental footprints. Ecodesign requirements should be transparent, objective,

proportionate and in compliance with international trade rules. **In view that circular and**

**-**
**sustainable business models, including those based on the sale of second** **hand goods,**

**need to be promoted, ecodesign requirements should not apply to products already**

**placed on the market. Products which are modified or reworked in such a substantial**

**way that they are to be considered as new products to be placed on the market should**

**however be subject to ecodesign requirements if they fall within the scope of a** **delegated**

**act. This assessment should be made on a case-by-case basis and where applicable in line**

**with product specific sectoral legislation. The “Commission’s Blue Guide” on the**

**implementation of EU product rules 2022 can also be a useful tool for determining when**

**a product should be considered new when it is altered in a substantial manner.**

**Refurbishment or repair of a product which do not meet the criteria of being waste**

**should generally not be seen as resulting in a new product having been placed on the**

**market**

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(15) Once a delegated act setting ecodesign requirements is adopted by the Commission for a

given product group, Member States should, in order to ensure the functioning of the internal

market, no longer be allowed to set national performance requirements based on product

parameters covered by such performance requirements laid down in that delegated act, and no

longer be allowed to set national information requirements based on product parameters

covered by such information requirements laid down in that delegated act. **In order to**

**improve the environmental sustainability of products and to ensure their free movement**

**within the internal market, the empowerment to set ecodesign requirements should**

**include the possibility, in duly justified cases, to explicitly establish that no performance**

**requirement or no information requirement or neither is to be set for specific product**

**parameters.** ~~In order to ensure the functioning of the internal market, the Commission should~~

~~be empowered to establish that no~~ ~~ecodesign requirements in the form of performance~~

~~requirements and/or in the form of information requirements are necessary in relation to a~~

~~specific product parameter~~ ~~**. W**~~ **hen a delegated act explicitly establishes, in such duly**

**justified cases, that no performance or no information requirement or neither is to be**

**set for a specific parameter, Member States should no longer be allowed to introduce or**

**maintain national requirements based on product parameters under this Regulation**

**with the exception of setting minimum energy performance requirements in accordance**

**with Directive 2010/31/EU.**

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(16) When ~~establishing~~ ~~**s**~~ **etting** ecodesign requirements the Commission should take into account

the nature and purpose of the products concerned as well as the characteristics of the relevant

markets. For example, defence equipment has to be able to operate under specific and

sometimes harsh conditions, which needs to be considered when setting ecodesign

requirements. Certain information on defence equipment should not be disclosed and should

be protected. **Ecodesign requirements should thus not be set on products with the sole**

**-**
**purpose of serving defence or national security. For dual** **use products, any**

**requirements shall meet the criteria of not having negative impacts on security needs**

**and activities of armed forces and take into account** ~~Therefore, for military or sensitive~~

~~equipment ecodesign requirements should take into account the security needs and~~ the

characteristics of the defence market, as defined in Directive 2009/81/EC of the European

Parliament and of the Council **[25]** . Similarly, the space industry is strategic for Europe and for

its technological non-dependence. As space technologies operate in extreme conditions, any

ecodesign requirements for space products should balance sustainability considerations with

resilience and expected performance. Further, for medical devices as defined in Article 2(1) of

Regulation (EU) 2017/745 on medical devices **[26]** and _in vitro_ diagnostic medical devices as

defined in Article 2(2) of Regulation (EU) 2017/746 on _in vitro_ diagnostic medical devices **[27]**,

the Commission should take into account of the need to not negatively affect health and safety

of patients and users. **The Commission should furthermore, when assessing the**

**characteristics of the market and preparing ecodesign requirements, strive to consider**

**national characteristics, such as the different climate conditions in Member States and**

**relevant national energy efficient practices and technologies, as well as practices and**

**technologies used in Member States with proven beneficial environmental effects.**

25 Directive 2009/81/EC of the European Parliament and of the Council of 13 July 2009 on the
coordination of procedures for the award of certain works contracts, supply contracts and
service contracts by contracting authorities or entities in the fields of defence and security,
and amending Directives 2004/17/EC and 2004/18/EC (OJ L 216, 20.8.2009, p. 76).
26 Regulation (EU) 2017/745 of the European Parliament and of the Council of 5 April 2017
on medical devices, amending Directive 2001/83/EC, Regulation (EC) No 178/2002 and
Regulation (EC) No 1223/2009 and repealing Council Directives 90/385/EEC and
93/42/EEC (OJ L 117 5.5.2017, p. 1).
27 Regulation (EU) 2017/746 of the European Parliament and of the Council of 5 April 2017
on _in vitro_ diagnostic medical devices and repealing Directive 98/79/EC and Commission
Decision 2010/227/EU (OJ L 117, 5.5.2017, p. 176).

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(17) To avoid duplication of efforts and regulatory burden, consistency should be ensured between

this Regulation and requirements set in or pursuant to other Union legislation, especially

products, chemicals and waste legislation **[28]** . However, the existence of empowerments under

other Union legislation to set requirements with the same or similar effects as requirements

under this Regulation does not limit the empowerments included in this Regulation, unless

specified in this Regulation.

**(17a)** **When considering ecodesign requirements, the Commission should pay close attention**

**to existing Union legislation in order to avoid conflicts or overlaps with existing legal**

**provisions. The Commission should in the early preparation of delegated acts setting out**

**ecodesign requirements identify and evaluate whether, and then how, to address a**

**specific product group that is already regulated by Union harmonization legislation to**

**avoid duplications of requirements and ensure a coherent and legally clear treatment of**

**the product group. In addition, the Commission should also assess how to best articulate**

**the future ecodesign measures, be they product specific or horizontal, with other**

**applicable Union frameworks in order to ensure optimal complementarity and to avoid**

**conflicts and overlaps of obligations. In the unlikely event of a conflict between this**

**Regulation and another Union legislation with the same objective of improving**

**products’ environmental sustainability, the specific provision in or derived from the**

**legislation which regulates this in a more specific manner should apply.**

28 Communication from the Commission to the European Parliament, the Council, the
European Economic and Social Committee and the Committee of the Regions _on the_
_implementation of the circular economy package - options to address the interface between_
_chemical, product and waste legislation_ (COM(2018) 32 final).

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(18) Delegated acts **pursuant to Article 4** ~~including~~ ~~**s**~~ **etting** ecodesign requirements should, as

was the case **for implementing measures** under Directive 2009/125/EC, undergo a dedicated

impact assessment and stakeholder consultation, and should be drawn up in line with the

Commission’s Better Regulation guidelines, and include an assessment of the international

dimension and impacts on third countries. When **drawing up the impact assessment** ~~doing~~

~~so,~~ the Commission should take due consideration of all aspects of the life cycle of the

product and base its impact assessment on best available evidence. When preparing ecodesign

requirements the Commission should use a scientific approach and also take into

consideration relevant technical information in particular coming from Regulation (EC) No

66/2010 of the European Parliament and of the Council **[29]**, Directive 2010/75/EU of the

European Parliament and of the Council **[30]**, technical screening criteria adopted pursuant to

Regulation (EU) 2020/852 of the European Parliament and of the Council **[31]** and green public

procurement criteria **[32]** .

**(18a) In the specific context of preparing ecodesign requirements, it is of utmost importance**

**that all necessary expertise, including through the consultation of Member States’**

**experts and through public consultations is taken into consideration. A dedicated**

**Ecodesign Expert Group should hence be established for the consultation of experts**

**designated by the Member States prior to the adoption of all delegated acts setting out**

**ecodesign requirements pursuant to this Regulation.**

29 Regulation (EC) No 66/2010 of the European Parliament and of the Council of 25
November 2009 on the EU Ecolabel (OJ L 27, 30.1.2010, p. 1).
30 Directive 2010/75/EU of the European Parliament and of the Council of 24 November 2010
on industrial emissions (integrated pollution prevention and control) (OJ L 334, 17.12.2010,
p. 17).
31 Regulation (EU) 2020/852 of the European Parliament and of the Council of 18 June 2020
on the establishment of a framework to facilitate sustainable investment, and amending
Regulation (EU) 2019/2088 (OJ L 198, 22.6.2020, p. 13).
32 Communication “Public procurement for a better environment” (COM (2008) 400)

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**(18b) In accordance with the principles laid down in the Interinstitutional Agreement of 13**

**-**
**April 2016 on Better Law** **Making, it will be for the Member States to decide which**

**experts are to participate in the Ecodesign Expert Group. Members of that group should**

**be consulted in a timely manner and be provided with the draft delegated acts, the draft**

**agenda and any other relevant documents in sufficient time to prepare. At the end of**

**-**
**any meeting of the Ecodesign Expert Group or in the follow** **up to such meetings, the**

**Commission services should state the conclusions they have drawn from the discussions,**

**including how they will take the experts’ views into consideration and how they intend**

**to proceed. Those conclusions should be recorded in the minutes of the meeting. Where**

**the material content of a draft delegated act is changed in any way, the Commission**

**should give members of the Ecodesign Expert Group the opportunity to react.**

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(19) In order to take into account the diversity of products, the Commission should select the

methods to assess the setting of the ecodesign requirements and, as appropriate, develop them

further **. Such methods are to be** based on the nature of the product, its most relevant aspects and its

impacts over its life cycle. In doing so, the Commission should take account of its experience in

assessing the setting of requirements under Directive 2009/125/EC and the continuing efforts to

develop and improve science-based assessment tools, **including, but not limited to,** ~~such as~~ the

update of the methodology for ecodesign of energy-related products, and the Product

Environmental Footprint method set out in Commission Recommendation (EU) 2021/2279 **[33]**,

including as regards temporary storage of carbon, as well as the development of standards by

international and European standardisation organisations, including on the material efficiency of

energy-related products. Building on these tools and using dedicated studies when needed, the

Commission should further reinforce circularity aspects (such as durability, reparability including

reparability scoring, identification of chemicals hindering re-use and recycling) in the assessment of

products and in the preparation of ecodesign requirements, and should develop new methods or

tools where appropriate **, keeping the Ecodesign Expert Group and Ecodesign Forum informed** .

~~New approaches may also be needed for the preparation of mandatory public procurement criteria~~

~~and for bans on the destruction of unsold consumer products.~~ ~~**T**~~ **he Commission should take into**

**account the comparability of data and the aggregability and usability of data in the supply**

**chain. The Commission may rely on multiple methodologies, as relevant, while still ensuring a**

**consistent approach when identifying the corresponding requirements. Information related to**

**environmental life cycle indicators, like carbon footprint, should be calculated taking into**

**consideration existing and internationally established methods as well as already implemented**

**in European legislations and scientific methods recommended by international and European**

**standardisation organisations. In particular, when it comes to the modelling of the energy**

**used in manufacturing processes, particular consideration should be given to modelling of the**

**energy mix that would also take into account issues like Power Purchase Agreements,**

**guarantees of origin and own electricity production.**

33 Commission Recommendation (EU) 2021/2279 of 15 December 2021 on the use of the
Environmental Footprint methods to measure and communicate the life cycle environmental
performance of products and organisations.

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(20) Performance requirements should relate to a selected product parameter relevant to the

targeted product aspect for which potential for improving environmental sustainability has

been identified. Such requirements may include minimum or maximum levels of performance

in relation to the product parameter, non-quantitative requirements that aim to improve

performance in relation to the product parameter, or requirements related to a product’s

functional performance to ensure that the selected performance requirements do not

negatively impact the ability of the product to perform the function for which it was designed

and marketed. Regarding minimum or maximum levels, they may for example take the form

of a limit on energy consumption in the use phase or on the quantities of a given material

incorporated in the product, a requirement for minimum quantities of recycled content, or a

limit on a specific environmental impact category or on an aggregation of all relevant

environmental impacts. An example of a non-quantitative requirement is the prohibition of a

specific technical solution that is detrimental to product reparability. Performance

requirements will be used to ensure the removal of the worst performing products from the

market where this is necessary to contribute to the environmental sustainability objectives of

the Regulation. **A performance requirement should aim to make sure the total positive**

**impacts on all aspects and parameters resulting from the requirement outweigh the total**

**negative impacts on all aspects and parameters, and that the requirement is set at a level**

**providing the highest environmental sustainability benefits while the costs fulfil the**

**criteria that there should be no significant negative impact on consumers in terms of the**

**affordability of relevant products, no disproportionate negative impact on the**

**competitiveness of economic actors, at least of SMEs and no disproportionate**

**administrative burden on manufacturers or other economic actors. When the**

**Commission envisages a combination of requirements, it should assess them as a whole**

**and identify the combination of requirements that delivers the highest environmental**

**sustainability benefits while the costs fulfil the same criteria.**

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(21) In order to ensure consistency, performance requirements should complement the

implementation of Union legislation on waste. ~~While r~~ ~~**R**~~ equirements for placing on the market

packaging as a final product are **to be** laid down under European Parliament and Council

Directive 94/62/EC **[34]** **. T** ~~th~~ is Regulation may **only, in exceptional cases and when duly**

**motivated,** complement that Directive by setting product-based requirements ~~focussing o~~ n the

packaging of specific products ~~when placed on the market.~~ **where such a requirement does**

**not in any way duplicate requirements under Directive 94/62/EC and is of importance**

~~Where relevant, such complementary requirements should contribute in particular~~ to

minimis ~~**e**~~ ~~ing~~ the amount of packaging used **or where design or re-design of products will**

**lead to environmentally less impactful packaging, and will effectively** ~~, in~~ ~~turn~~

contribut ~~**e**~~ ~~ing~~ to the prevention of waste generation in the Union.

34 European Parliament and Council Directive 94/62/EC of 20 December 1994 on packaging
and packaging waste (OJ L 365, 31.12.1994, p. 10).

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(22) Chemical safety is a recognised element of product sustainability. It is based on chemicals’

intrinsic hazards to health or the environment in combination with specific or generic

exposure, and is addressed by chemicals legislation, such as Regulation (EC) No 1935/2004

of the European Parliament and of the Council **[35]**, Regulation (EC) No 1907/2006 of the

European Parliament and of the Council **[36]**, Regulation (EC) No **1272/2008** **[37]** **, Regulation**

**(EC) No** 1223/2009 of the European Parliament and of the Council **[38]**, Regulation (EU)

2017/745 of the European Parliament and of the Council **[39]** **, Regulation (EU) 2019/1021 of**

**the European Parliament and of the Council** **[40]** **,** and Directive 2009/48/EC of the European

Parliament and of the Council **[41]** ~~.~~ This Regulation should not enable the restriction of

substances based on chemical safety, as done under other Union legislation. Similarly, this

Regulation should not enable the restriction of substances for reasons related to food safety.

Union law on chemicals and food, however, does not allow addressing, through restrictions

on certain substances, impacts on sustainability that are unrelated to chemical safety or food

35 Regulation (EC) No 1935/2004 of the European Parliament and of the Council of 27
October 2004 on materials and articles intended to come into contact with food and
repealing Directives 80/590/EEC and 89/109/EEC (OJ L 338, 13.11.2004, p. 4).
36 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).
37 **Regulation (EC) No 1272/2008 of the European Parliament and of the Council of 16**
**December 2008 on classification, labelling and packaging of substances and mixtures,**
**amending and repealing Directives 67/548/EEC and 1999/45/EC, and amending**
**Regulation (EC) No 1907/2006**
38 Regulation (EC) No 1223/2009 of the European Parliament and of the Council of 30
November 2009 on cosmetic products (OJ L 342, 22.12.2009, p. 59).
39 Regulation (EU) 2017/746 of the European Parliament and of the Council of 5 April 2017
on in vitro diagnostic medical devices and repealing Directive 98/79/EC and Commission
Decision 2010/227/EU (OJ L 117, 5.5.2017, p. 176).
40 **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**_ _**77)**_
41 **Directive 2009/48/EC of the European Parliament and of the Council of 18 June 2009**
**on the safety of toys (OJ L 170, 30.6.2009, p. 1).**

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# ANNEX COMPET.1 EN

safety. To overcome this limitation, this Regulation should allow, under certain conditions,

for the restriction, primarily for reasons other than chemical or food safety, of substances

present in products or used in their manufacturing processes which negatively affect

products’ sustainability.

**(22a) The Commission, when setting performance requirements, should be able to prevent**

**substances that hinder circularity from being included in a product. The identification**

**of such substances should be part of the Commission’s assessment prior to the setting of**

**ecodesign requirements for a specific product group and the Commission should in this**

**assessment, for instance, take into account whether a substance makes the re-use or**

**recycling of a product more complicated or negatively affects the properties of the**

**recycled material, for example through its colour or smell. Where a substance has**

**already been established as being a substance that hinders circularity for another**

**product group, this can be an indication that it also hinders circularity for other product**

**groups. The identification, and possible restriction, of a substance that hinders**

**circularity should also trigger an information requirement. The Commission should, as**

**appropriate, consult stakeholders and the Ecodesign Expert Group on determining**

**which substances are of concern in the consultation related to the preparation of**

**ecodesign requirements.** This Regulation ~~also~~ should not result in the duplication or

replacement of restrictions of substances covered by Directive 2011/65/EU of the European

Parliament and of the Council **[42]**, which has as its objective the protection of human health and

the environment, including the environmentally sound recovery and disposal of waste from

electrical and electronic equipment.

42 Directive 2011/65/EU of the European Parliament and of the Council of 8 June 2011 on the
restriction of the use of certain hazardous substances in electrical and electronic equipment
(OJ L 174, 1.7.2011, p. 88).

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(23) To improve environmental sustainability of products, information requirements should relate

to a selected product parameter relevant to the product aspect, such as the product’s

environmental footprint or its durability. They may require manufacturer **s** to make available

information on the product’s performance in relation to a selected product parameter or other

information that may influence the way the product is handled by parties other than the

manufacturer in order to improve performance in relation to such a parameter. Such

information requirements should be set either in addition to, or in place of, performance

requirements on the same product parameter as appropriate. **For relevant product groups**

**horizontal requirements should be considered in order to speed up the transition to a**

**circular economy.** Where a delegated act includes information requirements, it should

indicate the method for making the required information available, such as its inclusion on a

free-access website, product passport or product label. Information requirements are

necessary to lead to the behavioural change needed to ensure that the environmental

sustainability objectives of this Regulation are achieved. By providing a solid basis for

purchasers and public authorities to compare products on the basis of their environmental

sustainability, information requirements are expected to drive consumers and public

authorities towards more sustainable choices.

(24) Where delegated acts include information requirements, they may in addition determine

classes of performance in relation to one or more relevant product parameters, in order to

facilitate comparison between products on the basis of that parameter. Classes of performance

should enable differentiation of products based on their relative sustainability and could be

used by both consumers and public authorities. As such, they are intended to drive the market

towards more sustainable products.

9649/23 UB, MDM/sk 24
# ANNEX COMPET.1 EN

(25) Information on the presence of substances of concern in products is a key element to identify

and promote products that are sustainable. The chemical composition of products determines

largely their functionalities and impacts, as well as the possibilities for their re-use or for

recovery once they become waste. The Chemicals Strategy for Sustainability **[43]** calls for

minimising the presence of substances of concern in products, and ensuring the availability of

information on chemical content and safe use, by introducing information requirements and

tracking the presence of substances of concern throughout the life cycle of materials and

products. Regulation (EC) No 1272/2008 of the European Parliament and of the Council **[44]** and

other existing chemicals legislation such as Regulation (EC) No 1223/2009 already ensure

communication on hazards to health or the environment posed by certain substances of

concern on their own or in a mixture. Users of substances and mixtures should also be

informed about pertinent sustainability-related information not primarily related to hazards to

health or the environment. Furthermore, users of products other than substances or mixtures,

and managers of waste from such products, should also receive sustainability-related

information, including information primarily related to chemicals’ hazards to health or the

environment. Therefore, this Regulation should allow for the setting of requirements related

to the tracking and communication of sustainability information, including the presence of

substances of concern in products throughout their life cycle, including with a view to their

decontamination and recovery when they become waste. Such a framework should aim to

progressively cove ~~r all~~ substances of concern in all products listed in working plans setting

out the ~~product groups the Commission intends to tackle.~~ **list of product groups to be**

**prioritised for ecodesign requirements. Such requirements on the tracking of substances**

**of concern should by default be included where an information requirement is to be set**

**under this Regulation, after relevant impact assessment and consultation on ecodesign**

**requirements with stakeholders and experts has taken place. At the same time,**

**requirements to track substances could, under some circumstances, entail high**

**administrative burdens. Requirement on substances of concern will always need to be**

43 Communication from the Commission to the European Parliament, the Council, the
European Economic and Social Committee and the Committee of the Regions _Chemicals_
_Strategy for Sustainability Towards a Toxic-Free Environment_ COM(2020)667 final.
44 Regulation (EC) No 1272/2008 of the European Parliament and of the Council of 16
December 2008 on classification, labelling and packaging of substances and mixtures,
amending and repealing Directives 67/548/EEC and 1999/45/EC, and amending Regulation
(EC) No 1907/2006 (OJ L 353, 31.12.2008, p. 1).

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# ANNEX COMPET.1 EN

**specified in such a way that ensures the criteria applicable to ecodesign requirements**

**are fulfilled. In order for the Commission to make sure information requirements on**

**substances of concern fulfil this, including that requirements do not entail**

**disproportionate administrative negative impact on economic operators, the**

**Commission should be able to make a differentiation between substances of concern**

**and, for instance, lay down longer deadlines for the entry into application of the**

**information requirements on certain substances of concern and** ~~**i**~~ **n duly justified cases,**

**provide exemptions from the requirements. An exemption based on technical feasibility**

**may apply in cases where the presence of a substances in a product cannot be verified**

**with the current available technologies. It might also be relevant to set thresholds for**

**such reasons.**

**(25a) When setting thresholds for information requirements on substances of concern and**

**concentration limits for the restrictions of substances in the relevant products, the**

**Commission should take into consideration existing thresholds and concentration limits**

**under union law, in particular under Regulation (EU) 1272/2008 and Regulation (EU)**

**1907/2006, and other product sectoral legislation. When appropriate, the Commission**

**should align thresholds or concentration limits to reduce the administrative burden put**

**on companies.**

**(25b) When establishing the date of application of the first delegated acts establishing**

**ecodesign requirements under this Regulation, the Commission should take into**

**consideration that Member States have to adapt national measures, not least those**

**relating to market surveillance.**

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# ANNEX COMPET.1 EN

(26) The information requirements set under this Regulation should include the requirement to

make available a product passport. The product passport is an important tool for making

information available to actors along the entire value chain and the availability of a product

passport should significantly enhance end-to-end traceability of a product throughout its value

chain. Among other things, the product passport should help consumers make informed

choices by improving their access to product information relevant to them, allow economic

operators **and** other value chain actors such as repairers or recyclers to access relevant

information, and enable competent national authorities to perform their duties. To this end,

the product passport should not replace but complement non-digital forms of transmitting

information, such as information in the product manual or on a label. In addition, it should be

possible for the product passport to be used for information on other sustainability aspects

applicable to the relevant product group pursuant to other Union legislation.

**(26a) When determining in the delegated acts setting ecodesign requirements the period for**

**which the product passport is to remain available, the duration of the life cycle of the**

**specific product group should be taken into consideration with a view to ensuring**

**information on the product remains available also for end-of-life operations when**

**appropriate considering the administrative burden of economic actors.**

**(26b) Actors such as manufacturers, repairers, refurbishers and other economic actors but**

**also competent national authorities may be given a right to update the product passport.**

**Economic actors who repair, upgrade or refurbish** **a product after it has been placed on**

**the market should for example, where appropriate, be given the right to update the**

**product passport in order for more accurate information to be given. The economic**

**operator should guarantee that each previous version of the product passport is**

**separately stored and remains accessible. Competent national authorities could be given**

**a right to update the product passport for example in situations where a product is no**

**longer in conformity.**

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# ANNEX COMPET.1 EN

(27) To take account of the nature of the product and its market, the information to be included in

the product passport should be carefully examined on a case-by-case basis when preparing

product-specific rules. To optimise access to the resulting information while also protecting

intellectual property rights, the product passport needs to be designed and implemented

allowing differentiated access to the information included in the product passport depending

on the type of information and the typology of stakeholders. Similarly, to avoid costs to

companies and the public that are disproportionate to the wider benefits, the product passport

should be specific to the item, batch or product model, depending on for example the

complexity of the value chain, the size, nature or impacts of the products considered **. The**

**impact assessment carried out when preparing delegated act setting ecodesign**

**requirements should analyse the costs and benefits of setting information requirements**

**through product passports on model, batch or item level. A ‘model’** **usually means a**

**version of a product of which all units share the same technical characteristics relevant**

**for the ecodesign requirements and the same model identifier, a ‘batch’ usually means a**

**subset of a specific model composed of all products produced in a specific**

**manufacturing plant at a specific moment in time and an ‘item’ usually means a single**

**unit of a model. The impact assessment should also, to the extent that the product**

**passport relies on standards which are not free of charge, consider whether this is**

**suitable and how disproportionate costs for SMEs can be avoided .**

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# ANNEX COMPET.1 EN

**(27a) Union law already establishes various information requirements for products and sets**

**up systems to make this information available to economic operators and consumers.**

**Whenever feasible, the Commission should aim to ensure consistency and to reduce the**

**administrative burden on economic operators due to potential duplication of reporting**

**obligations under other Union legislations and information requirements under this**

**Regulation. In particular, the Commission should consider linking information**

**requirements under this Regulation to other existing information requirements under**

**EU law, such as the obligation to provide safety data sheets for substances and mixtures**

**according to Regulation (EC) No 1907/2006. When feasible, the Commission should also**

**link the product passport to existing Union databases and tools such as EPREL or SCIP.**

~~(28) In order to ensure interoperability, the types of permitted data carriers should be specified. For~~

~~the same reason, the data carrier and the unique product identifier should be released in~~

~~accordance with internationally recognised standards. The power to adopt acts in accordance~~

~~with Article 290 TFEU should be delegated to the Commission to amend this Regulation by~~

~~replacing or adding standards in accordance with which the data carrier and the unique~~

~~identifiers may be released, in light of technical or scientific progress. This should ensure that~~

~~the information contained in the product passport can be recorded and transmitted by all~~

~~economic operators, as well as to guarantee the compatibility of the unique identifier with~~

~~external components such as scanning devices.~~

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# ANNEX COMPET.1 EN

(29) In order to not unnecessarily delay the establishment of ecodesign requirements other than on

the product passport or to ensure that product passports can be effectively implemented, the

Commission should be allowed to exempt product groups from the product passport

requirements in case technical specifications are not available in relation to the essential

requirements for the technical design and operation of the product passport. Similarly, in

order to prevent unnecessary administrative burden for economic operator **s**, the Commission

should be allowed to exempt product groups from the product passport requirements in case

other Union law already includes a system for the digital provision of product information

allowing actors along the value chain to access relevant product information and facilitating

the verification of product compliance by competent national authorities. These exemptions

should be periodically reviewed taking into account further availability of technical

specifications.

(30) Unique identification of products is a fundamental element to enable traceability across the

supply chain. Therefore, the product passport should be linked to a unique product identifier.

In addition, where appropriate, the passport should allow for the tracing of the actors and

manufacturing facilities related to that product. In order to ensure interoperability, **the data**

**carrier,** the unique operator identifiers and **the** unique facility identifiers enabling traceability

should be released in accordance with internationally recognised standards. The power to

adopt acts in accordance with Article 290 TFEU should be delegated to the Commission to

amend this Regulation by replacing or adding standards in accordance with which **the data**

**carrier,** unique operator identifiers and **the** unique facility identifiers may be released, in light

of technical or scientific progress. **This should ensure that the information contained in**

**the product passport can be recorded and transmitted by all the economic operators, as**

**well as to guarantee the compatibility of the unique identifier with external components**

**such as scanning devices.**

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# ANNEX COMPET.1 EN

(31) Digitalised information about the product and its life cycle or, where applicable, its passport

should be easily accessible by scanning a data carrier, such as a watermark or a quick

response (QR) code. Where possible, the data carrier should be on the product itself to ensure

the information remains accessible throughout its life cycle. However, ~~exceptions~~ **exemptions**

are possible depending on the nature, size or use of the products concerned.

(32) To ensure that the product passport is flexible, agile and market-driven and evolving in line

with business models, markets and innovation, it should be based on a decentralised data

system, set up and maintained by economic operators. However, for enforcement and

monitoring purposes, it may be necessary that competent national authorities and the

Commission have direct access to a record of all data carriers and unique identifiers linked to

products placed on the market or put in service.

(33) To ensure the effective roll-out of the product passport, technical design, data requirements

and operation of the product passport should adhere to a set of essential technical

requirements. Such requirements should provide a basis for the consistent deployment of the

product passport across sectors. Technical specifications should be established to ensure the

effective implementation of those essential requirements, either in the form of harmonised

standard referenced in the Official Journal or, as a fall-back option, common specification

adopted by the Commission **via implementing acts** . The technical design should ensure that

the product passport carries data in a secure way, respecting privacy rules The digital product

passport will be developed in an open dialogue with international partners, in order to take

account of their views when developing technical specifications and to ensure that they help

remove trade barriers for greener products and lower costs for sustainable investments,

marketing and compliance. Technical specifications and requirements related to traceability

across the value chain should, in order to allow for their effective implementation, to the

extent possible be developed based on a consensual approach and on the involvement, buy-in,

and effective collaboration of a diverse set of actors, including standardisation bodies,

industry associations, consumer organisations, experts, NGOs and international partners,

including developing economies.

9649/23 UB, MDM/sk 31
# ANNEX COMPET.1 EN

(34) In order to improve enforcement of ecodesign requirements, it is necessary that national

authorities and the Commission have direct access to a record of all data carriers and unique

identifiers linked to products placed on the market or put in service. To this end, the

Commission should set up and maintain a product passport registry to store such data. Where

needed to further facilitate enforcement, the Commission should, as appropriate, specify other

information included in the product passport that needs to be stored in the registry.

**-**
**(34a) The Commission should set up and maintain a user** **friendly web portal where**

**stakeholders such as consumers, economic operators and other relevant actors can have**

**access to information included in the product passports in compliance with the**

**differentiated access rights specified in the delegated acts setting ecodesign**

**requirements. The web portal should link to information already stored by the economic**

**operator in its decentralised product passport.**

(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 Council **[45]** . 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 Council **[46]** .

45 Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016
on the protection of natural persons with regard to the processing of personal data and on the
free movement of such data, and repealing Directive 95/46/EC (OJ L 119, 4.5.2016, p. 1).
46 Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October
2018 on the protection of natural persons with regard to the processing of personal data by
the Union institutions, bodies, offices and agencies and on the free movement of such data,
and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC (OJ L 295,
21.11.2018, p. 39).

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# ANNEX COMPET.1 EN

(36) Effective enforcement in relation to products placed on the Union market, whether

domestically produced or imported, is essential for achieving the aims of this Regulation.

Therefore, where the Commission has set up a registry, **the Commission should make sure**

customs authorities should have direct access to it via the EU Single Window Environment

for Customs set up by Regulation (EU) …/…. **An electronic interconnection should be set**

**up to achieve this.** ~~The role of customs should be to ensure that the reference of a product~~

~~passport is made available in the customs declaration and that this reference corresponds to a~~

~~unique product identifier that is stored in the registry. T~~ his would allow the **automatic and**

**electronic control** ~~verification~~ by customs that a product passport exists for imported

products. **The Commission should ensure that this system does not result in de facto**

**import bans on shipments for which the unique product identifier of the product**

**passport is not known by logistic operators and cannot be procured, especially in postal**

**express and courier traffic.**

~~(37) Where certain information included in the product passport is stored in the registry in addition~~

~~to data carriers and unique identifiers, the Commission should be able to provide, where~~

~~appropriate, that customs authorities verify the consistency between this information and the~~

~~customs declaration, in order to improve the compliance of products with ecodesign~~

~~requirements and taking into account the need to avoid disproportionate burden for customs~~

~~authorities.~~

(38) The information included in the product passport can allow customs authorities to enrich and

facilitate risk management and enable the better targeting of controls at the border. Therefore,

customs authorities should be able to retrieve and use the information included in the product

passport and the related registry for carrying out their tasks in accordance with Union

legislation including for risk management in accordance with Regulation (EU) No 952/2013

of the European Parliament and of the Council **[47]** .

47 Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October
2013 laying down the Union Customs Code (OJ L 269, 10.10.2013, p. 1).

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# ANNEX COMPET.1 EN

(39) To drive consumers towards more sustainable choices, labels should, when required by the

delegated acts adopted pursuant to this Regulation, provide 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.

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# ANNEX COMPET.1 EN

(40) Regulation (EU) 2017/1369 setting a framework on energy labelling applies, in parallel to this

Regulation, to energy-related products. ~~This means that e~~ ~~**E**~~ nergy labels are **a successful** ~~the~~

~~primary i~~ nstrument providing the appropriate information to consumers for energy-related

products and that classes of performance determined under this Regulation should, where

appropriate, be incorporated in the label as supplementary information as provided for in

Article 16 of Regulation (EU) 2017/1369. In cases where relevant information on a product’s

performance in relation to a product parameter cannot be included as supplementary

information in the energy label established for the energy-related product pursuant to

Regulation (EU) 2017/1369, the Commission **should, if appropriate, be able to require the**

**establishment of a label in accordance with this Regulation instead of the energy label**

**where the relevant information on the energy label may be so incorporated.** ~~should assess~~

~~whether a label in accordance with this Regulation is to be established, taking into account the~~

~~need for consumers to be informed on the most relevant parameters for the product and the~~

~~disadvantages in terms of risks of confusion for the public and of excessive administrative~~

~~burden for economic operators.~~

(41) Consumers should be protected from misleading information that could hamper their choices

for more sustainable products. For ~~this~~ **those** reasons it should be prohibited to place on the

market products bearing a label mimicking the labels provided for in this Regulation. **Only**

**labels which copy or are closely similar to the layout or the graphics of the labels**

**provided for in this Regulation should be considered as mimicking labels.**

9649/23 UB, MDM/sk 35
# ANNEX COMPET.1 EN

(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

**are considered as priorities for** ~~it plans to adopt~~ delegated acts **setting out ecodesign**

**requirements** as well as the product aspects for which it intends to adopt delegated acts

**setting out horizontal requirements.** ~~of horizontal application.~~ **This list should be**

**established in an implementing act. The Commission should not be limited to regulating**

**only the products identified on the list, and the procedure for adopting the implementing**

**act setting out the working plan should not hinder the Commission from starting work**

**on ecodesign requirements for one or more product groups. This list should nonetheless**

**provide a higher degree of foreseeability to various stakeholders on the work envisaged**

**by the Commission.** The Commission should base its prioritisation on a set of criteria

pertaining in particular to the delegated acts’ potential 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 ~~.~~ **contributing to**

**Union economic resilience and competitiveness.** **The Commission should also assess**

**whether there is a risk of unfair competition between final products manufactured in**

**the Union and those manufactured outside the Union before proposing requirements for**

**intermediate products** . 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. **Experts designated by the** Member States **should also be consulted**

**through the Ecodesign Expert Group, as well as through the Ecodesign Forum, which**

**also gather** and stakeholders, **including actors from the circular business models.** ~~should~~

~~also be consulted through the Ecodesign Forum.~~ Due to the complementarities between this

Regulation and Regulation (EU) 2017/1369 for energy-related products, the **Commission**

**should strive to align the** timelines for the working plan under this Regulation and the one

provided for under Article 15 of Regulation (EU) 2017/1369 ~~should be aligned~~ . **Product**

**groups which under Union law are already subject to comprehensive provisions which**

**also include specific environmental requirements should not to be prioritised for the**

**establishment of ecodesign requirements.**

9649/23 UB, MDM/sk 36
# ANNEX COMPET.1 EN

**-**
(43) ~~In addressing construction products,~~ **Where other, more product** **specific regulations,**

**enable the Commission to adopt delegated acts regulating environmental sustainability,**

**and such delegated acts have been adopted, this Regulation should only in exceptional**

**cases intervene in a complementary manner.** **For example,** this Regulation should **not** set

requirements on final **construction** products ~~only w~~ hen **requirements on environmental**

**sustainability** ~~obligations~~ **for such products have already been** **developed under** ~~created~~

~~by~~ ~~**[**~~ ~~t~~ he ~~**revised**~~ Construction Products Regulation **[48]** ~~**]**~~ ~~and its implementation are unlikely to~~

~~sufficiently achieve the environmental sustainability objectives pursued by this Regulation. In~~

~~addition,~~ ~~**O**~~ **nly in exceptional cases where requirements under the Construction Products**

**Regulation are insufficient or ineffective, and cannot be amended or complemented**

**under the Construction Products Regulation in a reasonable time, this Regulation**

**should be able to intervene in a complementary manner on construction products,**

**provided the administrative cost entailed, including as a result of economic actors**

**potentially becoming subject to two conformity assessment procedures, is shown to be**

**reasonable. To avoid that economic operators become subject to a duplication of or**

**potentially conflicting requirements or delegated acts the Commission should, before**

**preparing such complementary requirements under the Construction Products**

**Regulation, consider if the delegated act already adopted under this Regulation can be**

**repealed or amended so that requirements are instead included in a measure being**

**adopted under the Construction Products Regulation.** ~~w~~ ~~**W**~~ hen formulating working plans

**under this Regulation**, the Commission should **however** 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 **only** 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.

**48** Regulation (EU) No 305/2011 of the European Parliament and of the Council of 9 March
2011 laying down harmonised conditions for the marketing of construction products and
repealing Council Directive 89/106/EEC.

9649/23 UB, MDM/sk 37
# ANNEX COMPET.1 EN

(44) In order to encourage self-regulation as a valid alternative to regulatory approaches, this

Regulation should, ~~in continuation of~~ **based on the experience gathered under** Directive

2009/125/EC, include the possibility for industry to submit self-regulation measures **on the**

**condition that the level of ambition of such measures is in line 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. In order to ensure uniform conditions for the implementation of this

Regulation, implementing powers should be conferred on the Commission to adopt and

update an act listing the self-regulation measures considered as valid alternatives **before** ~~to~~ a

delegated act setting ecodesign requirements **is adopted** . 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 an implementing

act, there is a legitimate expectation for economic operators that the Commission will **first**

**consider the content of such a measure before proposing** ~~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

**some or all of** the products covered by a recognised self-regulation measure for the product

aspects not addressed by that self-regulation measure. Where the Commission considers that a

self-regulation measure no longer fulfils the criteria set in this Regulation, it should remove

that self-regulation from the implementing act listing the recognised self-regulation measures.

Consequently, ecodesign requirements may then be established for the product groups

previously addressed by the self-regulation measure, in accordance with this Regulation.

9649/23 UB, MDM/sk 38
# ANNEX COMPET.1 EN

(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. **The Commission should, when preparing ecodesign requirements under**

**this Regulation, take into account the impact of the requirements on SMEs active in the**

**relevant product sector.** The Member States and the Commission should, in their respective

areas of responsibility, provide adequate information **including guidance**, ensure targeted and

specialised training, and provide specific assistance and support, including financial, to SMEs

active in the manufacturing of products for which ecodesign requirements are set. Those

actions **are particularly important for product groups where the presence of SMEs is**

**relevant and** should, for example, cover the calculation of the product environmental

footprint and the technical implementation of the product passport. **The Commission should**

**furthermore provide easily accessible information to SMEs on available financial**

**support and programmes.** Member States actions should be taken in respect of applicable

State aid rules.

9649/23 UB, MDM/sk 39
# ANNEX COMPET.1 EN

(46) The destruction of unsold consumer products, such as textiles ~~and footwear~~, 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 **consumer**

products primarily intended for consumers pursuant to Directive (EU) 2019/771 of the

European Parliament and of the Council **[49]**, **including products that have not been offered**

**for sale, and** 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 Council **[50]** ~~.~~ **or in view of any commercial right of withdrawal offered by the economic**

**operator, thus striving toward limiting the number of unused and fit-for-purpose**

**products being destroyed. Products that have been returned, and cannot be sold again**

**due to the condition of the product, and are not suitable for remanufacturing**

**refurbishment, preparation for reuse or donation, should not constitute an unsold**

**consumer product within the meaning of this Regulation. The concept of destruction as**

**outlined in this Regulation should cover the last three activities on the waste hierarchy**

**as defined in Directive 2008/98/EC: recycling, other recovery and disposal.**

**Remanufacturing and preparation for re-use should furthermore not be considered**

**destruction. While recycling is an important waste treatment activity for a circular**

**economy, it is unreasonable that products are manufactured only to immediately be**

**recycled, hence the inclusion of recycling in the concept of destruction. Preventing**

**destruction** ~~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

49 Directive (EU) 2019/771 of the European Parliament and of the Council f 20 May 2019 on
certain aspects concerning contracts for the sale of goods, amending Regulation (EU)
2017/2394 and Directive 2009/22/EC, and repealing Directive 1999/44/EC (OJ L 136,
22.5.2019, p. 6).
50 Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on
consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the
European Parliament and of the Council and repealing Council Directive 85/577/EEC and
Directive 97/7/EC of the European Parliament and of the Council (OJ L 304, 22.11.2011, p.
64).

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# ANNEX COMPET.1 EN

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.

**(46a) Economic operators should take necessary measures to prevent the need to discard**

**unsold consumer products that are fit for use. This should only include measures that**

**are technically feasible and economically viable. Regulation (EC) No 1013/2006 of the**

**European Parliament and of the Council of 14 June 2006 on shipments of waste lays**

**down rules to prohibit export of products to third countries under the false pretense that**

**they are being sold or donated for use, when such products are in fact destined for**

**destruction.**

**(46b) Nothing in this Regulation should be construed as contradicting the order of the waste**

**hierarchy as defined in Directive 2008/98/EC.**

**(46c) Member States should not be precluded from introducing or maintaining national**

**measures as regards destruction of unsold consumer products for products which are**

**not subject to the direct prohibition or not yet covered by an implementing act setting**

**out a prohibition, provided that such measures are in line with the Union law.**

9649/23 UB, MDM/sk 41
# ANNEX COMPET.1 EN

(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, **with the exception of small**

**and microenterprises**, requiring them to disclose information on the number of unsold

**-**
consumer products discarded per year. **The obligation should start applying to medium**

**sized enterprises 4 years after the entry into force of this Regulation. When determining**

**the scope of the transparency obligation, guidance should be found in the reference to**

**the term “discard” in the definition of waste in Article 3(1) of Directive 2008/98/EC.** The

economic operator should indicate the product type or category, the reasons for their

discarding and their delivery for subsequent waste treatment operations. While economic

operators should be free to determine how to disclose that information in a manner

appropriate to their business environment, it should be considered a best practice to include

the required information in **the sustainability reporting** ~~a publicly available non-financial~~

~~statement drafted~~ in accordance with Article 19a **or 29a** of Directive 2013/34/EU of the

European Parliament and of the Council **[51]** where applicable **. When preparing the**

**implementing act on the details and format of the disclosure of information, the**

**Commission should take account of the need to avoid a disproportionate administrative**

**burden on economic operators, considering in particular the possibility of making use of**

**existing reporting requirements in Union law. Economic operators should furthermore**

**disclose measures taken aimed at preventing the destruction of unsold consumer**

**products.**

51 Directive 2013/34/EU of the European Parliament and of the Council of 26 June 2013 on the
annual financial statements, consolidated financial statements and related reports of certain
types of undertakings, amending Directive 2006/43/EC of the European Parliament and of
the Council and repealing Council Directives 78/660/EEC and 83/349/EEC (OJ L 182,
29.6.2013, p. 19).

9649/23 UB, MDM/sk 42
# ANNEX COMPET.1 EN

**(47a) In addition to disincentivising the destruction of unsold consumer products, this**

**Regulation should introduce the logic of prohibiting the destruction of unsold consumer**

**products in the Union, considering, pursuant to Article 52(1) of the Charter of**

**Fundamental Rights, the right to property and to conduct a business are not absolute**

**rights and, according to the case law of the Court of Justice, protection of the**

**environment is an objective of general interest capable of justifying a restriction on the**

**use of those rights, provided that such restriction does not constitute a disproportionate**

**and intolerable interference, impairing the very substance of such rights. Specifically,**

**the unnecessarily high production volumes and short use phase of textiles, of which**

**clothing comprises the largest share of consumption in the EU, cause significant**

**environmental impact as described in the Communication of the Commission “EU**

**”**
**Strategy for Sustainable and Circular Textiles** **.** **[52]** **Newly produced but unsold textiles**

**and especially clothing are among the items reportedly being destroyed. Clothing should**

**be valued higher, worn, and cared for more than what today’s fast fashion culture**

**entails. From a circular economy perspective, such wasting of valuable resources is in**

**clear contradiction to the objectives of this Regulation of improving the environmental**

**sustainability. It is therefore justified to prohibit the destruction of unsold consumer**

**apparel and clothing accessories while providing for certain specific exemptions, under**

**which destroying unsold consumer apparel and clothing accessories may still be**

**permitted, notably in view of health and safety concerns or protection of intellectual**

**property rights, in order to comply with the requirement of proportionality.**

**Implementing powers should be conferred on the Commission to specify such**

**exemptions. This prohibition should not apply to SMEs. However, it should apply to**

**medium-sized enterprises from 4 years after entry into force of this Regulation.**

**(47b) Production of electronics requires specific resources use, considering also the critical**

**and strategic raw materials used during manufacturing. Therefore, electronics should**

**be considered amongst the prioritised products for an impact assessment on the**

**prohibition against destruction.**

**52** **COM(2022) 141 final**

9649/23 UB, MDM/sk 43
# ANNEX COMPET.1 EN

(48) In order to ~~avoid~~ ~~**e**~~ **nsure uniform conditions for the implementation of the prohibition of**

the destruction **in the Union** of unsold consumer products **which are not apparel or clothing**

**accessories**, ~~where the destruction of such products is prevalent,~~ **implementing powers**

**should be conferred on the Commission to specify the product group subject to this**

**prohibition** ~~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

**presented** ~~made available~~ by economic operators, **when available, and the impacts on the**

**environment caused by such destruction** ~~where appropriate.~~ To ensure that this **prohibition**

~~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 **or protection of intellectual property rights. When setting exemptions**

**relating to situations such as refusal of donations, the Commission should set a**

**minimum effort threshold for companies to adhere to before destruction is allowed, for**

**instance requiring that several recipients should have to have been contacted.** 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 and micro enterprises** ~~SMEs,~~ they should be exempted ~~from~~

~~the obligations to disclose their unsold discarded products~~ **from the obligations to disclose**

**their unsold discarded consumer products** and from the prohibition to **destroy** ~~discard~~

specific products groups set **out** in ~~delegated~~ **implementing** acts. **Furthermore, such**

**-**
**provisions should only apply to medium** **sized enterprises from 4 years after entry into**

**force of this Regulation.** ~~However, where there is reasonable evidence that SMEs may be~~

~~used to circumvent those obligations, the Commission should be able to require, in those~~

~~delegated acts, for some product groups, that these obligations also apply to micro, small or~~

~~medium sized enterprises.~~

9649/23 UB, MDM/sk 44
# ANNEX COMPET.1 EN

**(48a) The Commission should conduct an impact assessment before preparing any**

**implementing act introducing any prohibition to destroy unsold consumer products**

**which consider the impact on the environment, consumers, manufacturers and other**

**economic operators, including SMEs.**

**(48b) It is important that the Commission, when prioritising products that should be subject**

**to prohibition against destruction of unsold consumer products, consults the Ecodesign**

**Forum and the Ecodesign Expert Group.**

(49) Economic operators should be responsible for products’ compliance with the ecodesign

requirements under this Regulation, in relation to their respective roles in the supply chain, so

as to ensure those products’ free movement on the internal market and to improve their

sustainability. Economic operators intervening in the supply and distribution chain should

take appropriate measures to ensure that they only make available on the market products that

are in conformity with this Regulation and the delegated acts adopted pursuant to it.

(50) The manufacturer, having detailed knowledge of the design and production process, ~~is best~~

~~placed to carry out the conformity assessment procedure. Conformity assessment should~~

~~therefore remain solely the obligation of the manufacturer.~~ ~~**i**~~ **s responsible for carrying out**

**the conformity assessment procedure applicable or having it carried out on their behalf.**

(51) In order to safeguard the functioning of the internal market, it is necessary to ensure that

products from third countries entering the Union market comply with this Regulation and the

delegated acts adopted pursuant to it, whether imported as products, components, or

intermediate products. In particular, it is necessary to ensure that appropriate conformity

assessment procedures have been carried out by manufacturers with regard to those products.

Provision should therefore be made for importers to ensure that the products they place on the

market comply with those requirements and that the CE marking and documentation drawn

up by manufacturers are available for inspection by the competent national authorities.

Provision should also be made for importers to ensure, where applicable, that a product

passport is available for those products.

9649/23 UB, MDM/sk 45
# ANNEX COMPET.1 EN

(52) When placing a product on the **market**, every importer should indicate on the product their

name, registered trade name or registered trade mark as well as their postal address and ~~**,**~~

~~where available~~ ~~**,**~~ electronic means of communication through which it can be contacted.

Exceptions should be provided for in cases where the size of the product does not allow for

such indications. This includes cases where the importer would have to open the packaging to

put the name and address on the product or where the product is too small in size to affix this

information.

(53) As the distributor makes a product available on the market after it has been placed there by

the manufacturer or importer, it should act with due care in relation to the applicable

ecodesign requirements. The distributor should also ensure that its handling of the product

does not adversely affect its compliance with the requirements of this Regulation or the

delegated acts adopted pursuant to it.

(54) As distributors and importers are close to the marketplace and have an important role in

ensuring product compliance, **they** should be involved in market surveillance tasks carried out

by the competent national authorities, and **they** should be prepared to participate actively,

providing those authorities with all necessary information relating to the product concerned.

(55) As the dealer offers a product for sale, hire or hire purchase, or displays products to customers

or installers, it is necessary for the dealer to ensure that its customers **, including potential**

**customers,** can effectively access the information required under this Regulation, including in

the case of distance selling. In particular, this Regulation should require dealers to ensure that

the product passport is accessible to their customers **, including potential customers,** and that

labels are clearly displayed, in line with the applicable requirements. The dealer should

comply with this obligation every time the product is offered for hire.

9649/23 UB, MDM/sk 46
# ANNEX COMPET.1 EN

(56) To facilitate the choice of more sustainable products, labels, where required, should be

displayed in a clearly visible and identifiable way. They should be identifiable as the label

belonging to the product in question, without the customer having to read the brand name and

model number on the label. Labels should attract the attention of the customer browsing

through the products displayed. To ensure that the label is accessible to customers when

considering a purchase, both the dealer and the responsible economic operator should display

the label whenever advertising the product, also in cases of distance selling, including online.

**They should take special care to avoid confusing or misleading customers by displaying,**

**on a product required to have a label pursuant to this Regulation, other labels referring**

**to the same information. Other labels would not be considered to be confusing or**

**misleading when they are required under other legislation and could continue to be**

**displayed as required by that legislation. Neither the EU Ecolabel nor any other**

**nationally or regionally officially recognised EN ISO 14024 type I environmental labels**

**should be considered as misleading.**

9649/23 UB, MDM/sk 47
# ANNEX COMPET.1 EN

(57) Any importer or distributor that either places on the market a product covered by a delegated

act adopted pursuant to this Regulation under the importer’s or distributor’s own name or

trademark, or modifies such a product **before it has been put into service** in such a way that

compliance with this Regulation or with the relevant delegated act might be affected, should

be considered to be the manufacturer and should assume the manufacturer’s obligations.

(58) Online marketplaces play a crucial role in the supply chain, allowing economic operators to

reach a large number of customers. Given their important role in intermediating the sale of

products between economic operators and customers, online marketplaces should take

responsibility for addressing the sale of products that do not comply with ecodesign

requirements and should cooperate with market surveillance authorities. Directive

2000/31/EC of the European Parliament and of the Council **[53]** provides the general framework

for e-commerce and lays down certain obligations for online platforms. Regulation ~~[…/…]~~

**(EU)** **2022/2065** ~~on a Single Market for Digital Services (Digital Services Act) and amending~~

~~Directive 2000/31/EC~~ **[54]** regulates the responsibility and accountability of providers of

intermediary services online with regard to illegal content, including products that do not

comply with ecodesign requirements. Building on this general framework, specific

requirements to effectively address the sale of non-compliant products online should be

brought in.

53 Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on
certain legal aspects of information society services, in particular electronic commerce, in
the Internal Market (‘Directive on electronic commerce’) (OJ L 178, 17.7.2000, p. 1).
54 ~~[Add reference when adopted Proposal for a regulation of the European Parliament and of~~
~~the Council on a Single Market For Digital Services (Digital Services Act) and amending~~
~~Directive 2000/31/EC (COM(2020)825 final)].~~ **Regulation (EU) 2022/2065 of the**
**European Parliament and of the Council of 19 October 2022 on a Single Market For**
**Digital Services and amending Directive 2000/31/EC (Digital Services Act) [OJ L 277,**
**27.10.2022, p. 1].**

9649/23 UB, MDM/sk 48
# ANNEX COMPET.1 EN

(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 Council **[55]** in relation to products covered by that Regulation,

including products for which ecodesign requirements are set. To further improve cooperation

to tackle illegal content related to non-compliant products, this Regulation should include

concrete obligations to put this cooperation into practice as regards online marketplaces. For

instance, market surveillance authorities are constantly improving the technological tools they

use for online market surveillance in order to identify non-compliant products sold online. For

these tools to be operational, online marketplaces should grant access to their interfaces.

Moreover, market surveillance authorities may also need to scrape data from the online

marketplaces.

(60) Article 1 ~~4(4)~~ of Regulation (EU) 2019/1020 provides market surveillance authorities with the

power, where no other effective means are available to eliminate a serious risk, to require the

removal of content referring to non-compliant products from an online interface ~~or to require~~

~~the explicit display of a warning to end-users when they access an online interface~~ . The

powers entrusted to market surveillance authorities by Article 14 ~~(4)~~ of Regulation (EU)

2019/1020 also apply to this Regulation. However, for effective market surveillance under

this Regulation and to avoid non-compliant products being present on the Union market, this

power should apply in all necessary and proportionate cases, including for products presenting

a less than serious risk. This power should be exercised in accordance with [Article ~~8]~~ **9]** of

~~the~~ **Regulation (EU) 2022/2065** ~~[Digital Services Act].~~

55 Regulation (EU) 2019/1020 of the European Parliament and of the Council of 20 June 2019
on market surveillance and compliance of products and amending Directive 2004/42/EC and
Regulations (EC) No 765/2008 and (EU) No 305/2011 (OJ L169, 25.6.2019, p. 1).

9649/23 UB, MDM/sk 49
# ANNEX COMPET.1 EN

(61) Ensuring a product’s traceability throughout the whole supply chain facilitates the market

surveillance authorities’ task of tracing economic operators who placed on the market or made

available on the market non-compliant products. The economic operators should therefore be

required to keep the information on their transactions for a certain period of time.

(62) To speed up and facilitate the verification of compliance of products placed on the market, the

power to adopt acts in accordance with Article 290 TFEU should be delegated to the

Commission to supplement this Regulation by requiring responsible economic operators,

where necessary, to make specific parts of the technical documentation digitally available

both to competent **national** authorities and to the Commission. This should allow competent

national authorities to access this information without request, while continuing to guarantee

the protection of trade secrets **and intellectual property rights** . Possible means of making

this information digitally available should in principle include a product passport, or via

inclusion in the compliance part of the product database referred to in Regulation (EU)

2017/1369, or on a website of the economic operator. Such an obligation should not take

away from the competent national authorities’ right to access other parts of the technical

documentation on request.

9649/23 UB, MDM/sk 50
# ANNEX COMPET.1 EN

~~(63)~~ ~~In order to allow for a better estimation of relevant products’ market penetration, to better~~

~~inform studies feeding into the drafting or updating of ecodesign requirement and working~~

~~plans, and to help identify the market share of specific product groups in order to speed up the~~

~~formulation or review of ecodesign requirements, the power to adopt acts in accordance with~~

~~Article 290 TFEU should be delegated to the Commission to supplement this Regulation by~~

~~requiring the collection of adequate and reliable data on the sales of products, by allowing the~~

~~collection of such data by or on behalf of the Commission directly from manufacturers or~~

~~retailers. When adopting rules on monitoring and reporting, the Commission should take into~~

~~account the need to maximise the available data on market penetration and the need to~~

~~minimise the administrative burden for economic operators.~~

(64) In order to improve future ecodesign requirements and improve end-users confidence

identifying and correcting deviations between energy in-use and other performance

parameters when measured under test conditions and actual functioning, the Commission

should have access to **anonymised information about** products’ actual energy consumption

while in use and where relevant to other performance parameters. To that end, the power to

adopt **delegated** acts ~~in accordance with Article 290 TFEU~~ should be delegated to the

Commission to supplement this Regulation by requiring individual products, similarly to road

vehicles, to determine their in-use energy consumption and other relevant performance

parameters and display it to the end-user. For products connected to the internet, the power to

adopt **delegated** acts ~~in accordance with Article 290 TFEU~~ should be delegated to the

Commission to supplement this Regulation by requiring economic operators to remotely

collect **and anonymise** such in-use data and report it to the Commission, as it is essential to

identify how the products perform and to inform the public. For products whose in use

performance depends significantly also on climatic or geographical conditions, climatic or

geographical information should also be collected, anonymised and reported.

9649/23 UB, MDM/sk 51
# ANNEX COMPET.1 EN

**(64a) In order to help facilitate the verification of compliance with the ecodesign**

**requirements, including to facilitate conformity assessment and market surveillance, the**

**Commission should be empowered to require, where duly justified, that supply chain**

**actors provide information on their supplies like quantity and type or chemical**

**composition of materials used or production process employed, or information on the**

**conditions of the provisions of their services. It should also be possible to allow**

**manufacturers to have access to the documents relating such information or to the**

**actual facilities of the supply chain actors to be able to access directly and by themselves**

**the needed information if they do not provide the information requested within a**

**reasonable time. The Commission should also be empowered to enable notified bodies**

**and national authorities to verify the correctness of the information related to the**

**activities of the supply chain actors.**

(65) In order to ensure the effective and harmonised application of ecodesign requirements set

under this Regulation, including on aspects such as energy use or efficiency, durability and

reliability, and recycled content, compliance with those requirements should be measured

using reliable, accurate and reproducible methods that take into account the generally

recognised state-of-the-art methods. Delegated acts establishing ecodesign requirements for

products should in principle include the specifications for tests, measurements or calculations

needed to establish or verify compliance. In addition, the power to adopt **delegated** acts ~~in~~

~~accordance with Article 290 TFEU~~ should be delegated to the Commission ~~to supplement this~~

~~Regulation~~ by requiring the use of ~~online~~ **digital** tools reflecting applicable calculation

requirements, in order to ensure their harmonised application. **The Commission should**

**make available those tools after an internal testing period and should establish the**

**conditions ensuring proper functioning and remedies in case of malfunctioning.**

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# ANNEX COMPET.1 EN

(66) In order to ensure that ecodesign requirements achieve their intended effects, this Regulation

should set out comprehensive and overarching provisions, applicable to all products covered

by ecodesign requirements, prohibiting circumvention of such requirements. Therefore, any

practice leading to an unjustified alteration of the product’s performance during compliance

testing or within a short period after putting the product into service, leading to a declared

performance that misrepresents the product’s actual performance while in use should be

prohibited **.**

(67) Where appropriate, delegated acts establishing ecodesign requirements for products ~~may~~

**should** refer to the use of standards to **assess their conformity with ecodesign requirements**

~~establish or verify compliance~~ . In order to ensure that there are no barriers to trade on the

internal market, such standards should be harmonised at Union level. Once a reference to such

a standard has been adopted in accordance with Regulation (EU) No 1025/2012 of the

European Parliament and of the Council **[56]** and published in the _Official Journal of the_

_European Union_, products in conformity with such standards, for which ecodesign

requirements have been adopted pursuant to this Regulation, should be considered in

conformity with those requirements to the extent that they are covered by the relevant

harmonised standards. Similarly, methods for tests, measurement or calculation that are in

conformity with harmonised standards should be considered in conformity with the test,

measurement and calculation requirements set out in the relevant delegated acts laying down

ecodesign requirements, to the extent that they are covered by the relevant harmonised

standards.

56 Regulation (EU) No 1025/2012 of the European Parliament and of the Council of 25
October 2012 on European standardisation, amending Council Directives 89/686/EEC and
93/15/EEC and Directives 94/9/EC, 94/25/EC, 95/16/EC, 97/23/EC, 98/34/EC, 2004/22/EC,
2007/23/EC, 2009/23/EC and 2009/105/EC of the European Parliament and of the Council
and repealing Council Decision 87/95/EEC and Decision No 1673/2006/EC of the European
Parliament and of the Council (OJ L 316, 14.11.2012, p. 12).

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# ANNEX COMPET.1 EN

(68) **In order to ensure uniform conditions for the implementation of this Regulation and in**

the absence of harmonised standards, recourse to common specifications **adopted as**

**implementing acts under this Regulation, provided that in doing so it duly respects the**

**role and functions of standardisation organisations,** should be used as a **n exceptional** fall

back solution to facilitate the manufacturer’s obligation to comply with ecodesign

requirements, for instance when the standardisation process is blocked **or when there are**

**delays in the establishment of appropriate harmonised standards** ~~due to lack of consensus~~

~~between stakeholders or where there are undue delays in establishing a harmonised standard.~~

**If such delay is due to the technical complexity of the standard in question, this should**

**be considered by the Commission before contemplating the establishment of common**

**specifications.** ~~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. **Those powers** **should be exercised in accordance with**

**Regulation (EU) No 182/2011** **.** Compliance with common specifications should also give rise

to the presumption of conformity.

**(68a) With a view to establishing, in the most efficient way, common specifications that cover**

**the ecodesign requirements of this Regulation, the Commission should involve relevant**

**stakeholders in the process.**

(69) In order to enable economic operators to demonstrate, and competent authorities to verify,

that products made available on the market comply with the ecodesign requirements adopted

pursuant to this Regulation, the power to adopt acts in accordance with Article 290 TFEU

should be delegated to the Commission to supplement this Regulation by laying down

conformity assessment procedures appropriate and proportionate to the nature of the product

concerned and of the product parameters regulated. To ensure coherence with other Union

law, the conformity assessment procedures should be chosen from among the internal

production control module included in this Regulation and the modules included in Decision

No 768/2008/EC of the European Parliament and of the Council **[57]**, ranging from the least

57 Decision No 768/2008/EC of the European Parliament and of the Council of 9 July 2008 on
a common framework for the marketing of products, and repealing Council Decision
93/465/EEC (OJ L 218, 13.8.2008, p. 82).

9649/23 UB, MDM/sk 54
# ANNEX COMPET.1 EN

stringent to the most stringent depending. To further ensure that the applicable module is

appropriate and proportionate to the nature of the product concerned and of the product

parameters regulated, the Commission should where needed adapt the module chosen in light

of that nature.

(70) Manufacturers should draw up an EU declaration of conformity to provide information on the

conformity of products with this Regulation. Manufacturers may also be required by other

Union legislation to draw up an EU declaration of conformity. To ensure effective access to

information for market surveillance purposes, a single EU declaration of conformity should be

drawn up in respect of all Union acts. To reduce the administrative burden on economic

operators, it should be possible for that single EU declaration of conformity to be a dossier

made up of relevant individual declarations of conformity.

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# ANNEX COMPET.1 EN

(71) Regulation (EC) No 765/2008 of the European Parliament and of the Council **[58]** lays down

rules on the accreditation of conformity assessment bodies, ~~provides a framework for the~~

~~market surveillance of products and for controls on products from third countries, and~~ lays

down the general principles of the CE marking. That Regulation should be applicable to

products covered by this Regulation in order to ensure that products benefiting from the free

movement of goods within the Union fulfil requirements providing a high level of protection

of public interests such as human health, safety and the environment. Where ecodesign

requirements have been adopted for a product, the CE marking should indicate that product’s

conformity with this Regulation and the ecodesign requirements adopted pursuant to it,

insofar as they relate to the product. General principles governing the CE marking and its

relationship to other markings are set out in Regulation (EC) No 765/2008. Considering that

this Regulation provides for the setting of ecodesign requirements for a large range of

products, the power to adopt **delegated** acts ~~in accordance with Article 290 TFEU~~ should be

~~delegated to~~ **conferred on** the Commission to ~~supplement this Regulation by~~ set ~~ting~~ out

~~alternative or more specific~~ rules on ~~the declaration of conformity or~~ conformity marking in

relation to ecodesign requirements in order to ensure coherence with requirements under

Union law applicable to the products covered, prevent confusion with other marking **s** ~~or~~

~~declarations~~ and minimise administrative burden for economic operators.

(72) Some of the conformity assessment modules laid down in Decision No 768/2008/EC require

the intervention of conformity assessment bodies. In order to ensure uniform conditions for

the implementation of this Regulation, those bodies should be notified to the Commission by

Member State authorities.

58 Regulation (EC) No 765/2008 of the European Parliament and of the Council of 9 July 2008
setting out the requirements for accreditation and market surveillance relating to the
marketing of products and repealing Regulation (EEC) No 339/93 (OJ L 218, 13.8.2008, p.
30).

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# ANNEX COMPET.1 EN

(73) To ensure a consistent level of quality in the performance of conformity assessment, it is

necessary to set requirements for notifying authorities involved in the assessment, notification

and monitoring of notified bodies. In particular, it should be ensured that the notifying

authority is objective and impartial with regard to its activity. Furthermore, notifying

authorities should be required to safeguard the confidentiality of the information they obtain,

but should nonetheless be able to exchange information on notified bodies with national

authorities, the notifying authorities of other Member States and the Commission to ensure

consistency in the conformity assessment. To effectively establish and monitor the

competence and independence of applicant bodies, notifying authorities should take as a basis

for notification only the precise legal body applying, not taking into account the credentials of

parent or sister companies. For the same reason, they should assess applicant bodies against

all relevant requirements and conformity assessment tasks, relying on harmonised standards

for the requirements and tasks covered by those standards.

(74) Given their central role in ensuring the reliability of conformity assessments in relation to

ecodesign requirements, it is essential that notifying authorities have a sufficient number of

competent personnel and sufficient funding at their disposal for the proper performance of

their tasks. ~~Where, in the implementation of this Regulation, it occurs that notifying~~

~~authorities do not effectively verify and monitor notified bodies due to a lack of competent~~

~~personnel, implementing powers should be conferred on the Commission to lay down a~~

~~minimum number of full-time equivalents that should be at the disposal of notifying~~

~~authorities, where appropriate in relation to specific conformity assessment tasks.~~

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# ANNEX COMPET.1 EN

(75) It is essential that all notified bodies perform their functions to the same level and under

conditions of equal competition and autonomy. Therefore, requirements should be set for

conformity assessment bodies wishing to obtain the status of notified body in order to provide

conformity assessment activities. Those requirements should continue to apply to maintain the

competence of the notified body. To ensure its autonomy, the notified body and the staff it

employs should be required to maintain independence from economic operators in the value

chain of the products in relation to which it has been notified and from other companies,

including business associations and parent companies and subsidiaries.

(76) If a conformity assessment body demonstrates conformity with the criteria laid down in

harmonised standards it should be presumed to comply with the corresponding requirements

set out in this Regulation.

(77) Conformity assessment bodies frequently subcontract parts of their activities linked to the

assessment of conformity or have recourse to a subsidiary. To ensure that products placed on

the Union market comply with ecodesign requirements, conformity assessment subcontractors

and subsidiaries should fulfil the same requirements as notified bodies in relation to the

performance of conformity assessment tasks under this Regulation.

(78) In order for notifying authorities to effectively establish and monitor the competence and

independence of applicant bodies, those bodies should be and remain autonomous. Therefore,

certain activities and decision-making processes, both regarding the conformity assessment of

products and other activities internal to the notified body, should exclusively be carried out by

the individual notified body itself.

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# ANNEX COMPET.1 EN

(79) To facilitate the process of establishing and monitoring the competence and independence of

applicant bodies, applicant bodies should **provide a description of how relevant personnel,**

**their status and tasks correspond to the conformity assessment, tasks in relation to**

**which the body intends to be notified, such as in the form of** ~~draw up and regularly update~~

a qualification matrix **,** ~~. This matrix should match personnel and their qualifications to specific~~

~~conformity assessment tasks,~~ enabling the notifying authority to more effectively assess the

adequacy of staffing and the continued autonomy of the notified body.

(80) Since the services offered by notified bodies in a Member State might relate to products made

available on the market throughout the Union, it is appropriate to give the other Member

States and the Commission the opportunity to raise objections concerning a notified body. In

order to ensure uniform conditions for the implementation of this Regulation, implementing

powers should be conferred on the Commission to request that the notifying Member State

take corrective action if a notified body does not meet, or no longer meets, the requirements

of this Regulation.

(81) In the interests of facilitating and accelerating the conformity assessment procedure, and to

ensure equal treatment of economic operators, it is crucial that the notified bodies apply the

conformity assessment procedures consistently and without creating unnecessary burdens for

economic operators.

(82) Prior to taking a final decision on whether a product can be granted a conformity certificate,

the economic operator that wishes to place that product on the market should be allowed to

supplement the relevant documentation once only. This limitation is necessary to ensure that

notified bodies are not able to assist manufacturers in making changes until conformity is

reached, as that would mean that the service provided resembles a consulting service and

could in practice dilute the public interest nature of notified bodies’ tasks. Where appropriate,

notified bodies should also be able to restrict, suspend or withdraw any certificates ~~or~~

~~approval decisions.~~

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# ANNEX COMPET.1 EN

(83) To facilitate the identification and resolution of cases of non-conformity of notified bodies,

manufacturers or products, notified bodies should proactively forward relevant information at

their disposal to notifying authorities or market surveillance authorities.

(84) It is essential to ensure efficient exchange of information between notified bodies and market

surveillance authorities, including from other Member States. To that end, it is necessary for

notifying authorities and notified bodies to ensure follow-up to requests for information from

market surveillance authorities.

(85) The Commission should enable appropriate coordination and cooperation between notified

bodies. To ensure harmonised application of ecodesign requirements, notified bodies should

discuss and coordinate on topics of possible divergence. ~~In that process, they should take as~~

~~general guidance any document produced by the administrative cooperation group made up of~~

~~market surveillance authorities, as referred to in Article 30(2) of Regulation (EU) 2019/1020~~ .

(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 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 **implementing** acts ~~in accordance with Article 290 TFEU~~ should be ~~delegated~~

**conferred** to the Commission to **specify** ~~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 ~~.~~ ~~**,**~~ **in which**

**cases the Commission should specify the parameters concerned by the Member States’**

**incentive.** The introduction of Member State incentives should be without prejudice to the

application of the Union State aid rules.

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# ANNEX COMPET.1 EN

(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

**implementing** acts ~~in accordance with Article 290 TFEU~~ should be ~~delegated~~ **conferred** to

the Commission to require, where appropriate, contracting authorities and entities as defined

in Directive 2014/24/EU **[59]** and 2014/25/EU **[60]** of the European Parliament and of the Council,

to align their procurement with specific **minimum** green public procurement criteria or

targets, to be set out in the **implementing** ~~delegated~~ acts adopted pursuant to this Regulation.

**The Commission may require targets to be achieved by establishing, for instance, a**

**percentage of all the tendering procedures concerning a particular product group to**

**comply with public procurement requirements. The percentage may be expressed in the**

**aggregate number or value of contracts for the purchase of relevant sustainable**

**products, as compared to the overall number and value of relevant contracts for the**

**sector or products at stake.** The criteria or targets set by ~~delegated a~~ cts 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. The criteria should be

transparent, objective and non-discriminatory. **When developing implementing acts related**

**to Green Public Procurement, the Commission should take due account of the Member**

**States different geographical, social and economic circumstances. When considering the**

**effect on the market situation, the Commission should take into account, among others,**

**the effects of the requirements on competition and the best environmental products and**

**solutions available on the market. When considering the economic feasibility for**

**contracting authorities, the Commission should take into account that different**

**contracting authorities in different Member States might have different budgetary**

**capacities. In duly justified cases, contracting authorities should be able to derogate**

59 Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014
on public procurement and repealing Directive 2004/18/EC (OJ L 94, 28.3.2014, p. 65).
60 Directive 2014/25/EU of the European Parliament and of the Council of 26 February 2014
on procurement by entities operating in the water, energy, transport and postal services
sectors and repealing Directive 2004/17/EC (OJ L 94, 28.3.2014, p. 243).

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# ANNEX COMPET.1 EN

**from the requirements such as when there is an emergency and applying the**

**requirements would result in severe negative impact on public health.**

**(87a) Member States should not be precluded from introducing or maintaining national**

**measures on green public procurement regarding product groups for which public**

**procurement requirements under this Regulation have not yet been set and from**

**introducing stricter national requirements regarding products which fall within the**

**scope of implementing acts setting out green public procurement requirements,**

**provided they are in line with Union law.**

(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~~ ~~**a**~~ **pplies** to products for which

ecodesign requirements are set pursuant to this Regulation, **as Directive 2009/125/EC is**

**listed in Annex I of Regulation (EU) 2019/1020** ~~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 **provide for**

**additional support which should aim at** ~~contain specific additional rules complemting 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 **help** ensure sufficient action is

taken by market surveillance ~~authroties~~ ~~**a**~~ **uthorities** to prevent non-compliance with

ecodesign requirements.

(89) Beyond market surveillance authorities, customs authorities also have an important role to

play in enforcing this Regulation with regard to imported goods and can rely on Council

Regulation (EC) No 515/97 **[61]** for that purpose.

61 Council Regulation (EC) No 515/97 of 13 March 1997 on mutual assistance between the
administrative authorities of the Member States and cooperation between the latter and the

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# ANNEX COMPET.1 EN

(90) To ensure that appropriate checks are performed on an adequate scale in relation to ecodesign

requirements, Member States should **, as part of the overarching national market**

**surveillance strategy according to Article 13 of Regulation (EU) 2019/1020, outline**

**activities planned.** ~~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 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.~~

(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. **Information on the environmental impacts of non**

**compliance can be derived from the impact assessments underlying the relevant**

**ecodesign requirements.** 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.~~

Commission to ensure the correct application of the law on customs and agricultural matters
(OJ L 82, 22.3.1997, p. 1).

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# ANNEX COMPET.1 EN

(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 **in accordance with Article 11(4) of Regulation**

**(EU) 2019/1020** 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.~~

(93) Based on data entered into the information and communication system for market

surveillance, the Commission should draw up a report containing information on the nature

and number of checks performed, **and** on the levels of non-compliance identified ~~and on the~~

~~nature and severity of penalties imposed~~ in relation to ecodesign requirements over the two

previous calendar years. The reports should contain a comparison of Member States’ activities

with the activities planned and indicative benchmarks for market surveillance authorities.

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# ANNEX COMPET.1 EN

(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 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.~~ **Whereas the Union Product Compliance Network established by Regulation**

**“** **”**
**(EU) 2019/1020 is meant to address** **general, horizontal issues of market surveillance** **,**

**the administrative cooperation group (‘ADCO’) established under** **Regulation (EU)**

**2019/1020 for the uniform application of this Regulation should, as part of or in addition**

**to the tasks defined in Regulation (EU) 2019/1020, for the purposes of identifying the**

**products or requirements identified as priorities for market surveillance under this**

**-**
**Regulation and the activities planned to reduce non** **compliance with this Regulation,**

**meet at regular intervals and identify common priorities for market surveillance to be**

**taken into account in Member States’ activities planned in regard to this Regulation in**

**their market surveillance strategies, priorities for the provision of Union support, and**

**ecodesign requirements that are interpreted differently leading to market distortion.**

(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 where necessary to ensure their harmonised application.~~

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# ANNEX COMPET.1 EN

(96) Products should be placed on the market only if they do not present a risk. In order to better

align with the specific nature of ecodesign requirements and to ensure that the focus of market

surveillance efforts is on non-compliance with such requirements, a product presenting a risk

should, for the purposes of this Regulation, be defined as a product that, by not complying

with an ecodesign requirement or because a responsible economic operator does not comply

with an ecodesign requirement, may adversely affect the environment or other public interests

protected by the relevant requirements. This more specific definition should be used when

applying Articles 19 and 20 of Regulation (EU) 2019/1020.

(97) A procedure should exist under which interested parties are informed of measures intended to

be taken with regard to products presenting a risk. It should also allow market surveillance

authorities in the Member States, in cooperation with the relevant economic operators, to act

at an early stage with regard to such products. To that end, the safeguard clause currently

included in Directive 2009/125/EC should be updated and aligned with the safeguard

procedures included in other Union harmonisation legislation and in Decision No

768/2008/EC. In order to ensure uniform conditions for the implementation of this

Regulation, implementing powers should be conferred on the Commission to determine

whether national measures in respect of non-compliant products are justified or not.

(98) The market surveillance authorities should have the right to require economic operators to

take corrective action on the basis of findings that either a product is not compliant with

ecodesign requirements or that the economic operator has infringed the rules on the placing or

making available on the market of products or other rules addressed to it.

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# ANNEX COMPET.1 EN

(99) When adopting delegated acts pursuant to Article 290 TFEU, it is of particular importance

that the Commission carry out appropriate consultations during its preparatory work,

including at expert level, and that those consultations be conducted in accordance with the

principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law

Making **[62]** . In particular, to ensure equal participation in the preparation of delegated acts, the

European Parliament and the Council receive all documents at the same time as Member

States’ experts, and their experts systematically have access to meetings of Commission

expert groups dealing with the preparation of delegated acts.

62 OJ L123, 12.5. 2016, p. 1.

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# ANNEX COMPET.1 EN

(100) In order to ensure uniform conditions for the implementation of this Regulation,

implementing powers should be conferred on the Commission as regards: (a) specifying

implementation arrangements for the interconnection of the registry ~~referred to in Article 12~~

and the EU Customs Single Window Certificates Exchange; (b) establishing common

requirements for the layout of labels; **(c) establishing the working plan of the Commission**

( **d** ~~c)~~ containing a list of self-regulation measures ~~established as valid alternatives to a~~

~~delegated act adopted pursuant to Article 4;~~ ( ~~**e**~~ ~~d)~~ setting out format for the disclosure of the

information on unsold consumer products that have been discarded; **(ea) setting out**

**exceptions to the direct prohibition against the destruction of unsold consumer products**

**that are apparel or clothing accessories; (eb) setting out further prohibitions against the**

**destruction of unsold consumer products;** ( **f** ~~e)~~ laying down, amending or repealing

common specifications for ecodesign requirements, the essential requirements for product

passports or for test, measurement or calculation methods; ~~(f) laying down a minimum~~

~~number of full-time equivalents considered sufficient for the proper monitoring of notified~~

~~bodies;~~ ~~(~~ g) requiring a Member State to take corrective action, including withdrawal of the

notification, for non-compliant notified bodies; **(y) establishing rules for Member States**

**incentives; (yy) setting minimum mandatory requirements for green public**

**procurement;** (h) listing the products or requirements that Member States must at least

consider as priorities for market surveillance; and (i) deciding, pursuant to the Union

safeguard procedure, whether a national measure is justified or not. Those powers should be

exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and

of the Council **[63]**

63 Regulation (EU) No 182/2011 of the European Parliament and of the Council of
16 February 2011 laying down the rules and general principles concerning mechanisms for
[control by Member States of the Commission’s exercise of implementing powers (OJ L 55,](https://eur-lex.europa.eu/legal-content/EN/AUTO/?uri=OJ:L:2011:055:TOC)
[28.2.2011, p. 13).](https://eur-lex.europa.eu/legal-content/EN/AUTO/?uri=OJ:L:2011:055:TOC)

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# ANNEX COMPET.1 EN

(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.

(102) The Commission should carry out an evaluation of this Regulation. Pursuant to paragraph 22

of the Interinstitutional Agreement on Better Law-Making, that evaluation should be based on

the five criteria of efficiency, effectiveness, relevance, coherence and EU value added and

should provide the basis for impact assessments of possible further measures. The

Commission should submit to the European Parliament, to the Council, the European

Economic and Social Committee, and to the Committee of the Regions a report on the

implementation of this Regulation and its impact on the environmental sustainability of

products and the functioning of the internal market. Where appropriate, the report should be

accompanied by a proposal to amend relevant provisions of this Regulation.

(103) It is necessary that ecodesign requirements apply to the widest possible range of products, and

not only energy-related products, and that the definition of ecodesign requirements is widened

to encompass all aspects of circularity. **Product groups which under Union law are already**

**subject to comprehensive provisions which also include specific environmental**

**requirements should not to be prioritised for the establishment of ecodesign**

**requirements.** It is also necessary to align this Regulation to the New Legislative Framework

set out in Regulation (EC) No 765/2008 and Decision No 768/2008/EC, and to improve the

provisions related to market surveillance. Directive 2009/125/EC should therefore be

replaced. In order to ensure legal certainty for all economic operators from the date of entry

into force of this Regulation and to guarantee a level playing-field for businesses operating on

the internal market, the provisions setting out transparency obligations related to the

discarding of unsold consumer products, circumvention, and market surveillance, should be of

uniform application for all operators across the Union. Directive 2009/125/EC should

therefore be replaced by a Regulation.

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(104) In order to ensure legal certainty and continuity for products placed on the market or put into

service in conformity with implementing measures adopted pursuant to Directive

2009/125/EC, in its version applicable on the date of application of this Regulation, those

measures should remain in force beyond that date, and until repealed by a delegated act

adopted pursuant to this Regulation. For the same reasons, a number of provisions of

Directive 2009/125/EC should continue to have full effect in the context of applying these

implementing measures. This concerns in particular provisions of Directive 2009/125/EC

excluding means of transport for goods or persons from its scope, establishing definitions

relevant for implementing measures, setting economic operators’ responsibilities in relation to

products placed on the market, specifying the details of the relevant conformity assessment

procedures and the EC declaration of conformity, establishing a presumption of conformity

for products which have been awarded the EU ecolabel and enabling necessary action in

relation to harmonised standards. Noting the importance of ensuring free movement of goods,

banning practices illegally altering products’ performance in order to reach a more favourable

result and ensuring proper enforcement of ecodesign requirements, relevant provisions of this

Regulation should be applicable to energy-related products placed on the market pursuant to

implementing measures under Directive 2009/125/EC.

(105) Since the objectives of this Regulation, namely to improve environmental sustainability of

products and to ensure the free movement in the internal market of products for which

ecodesign requirements are set, cannot be sufficiently achieved by the Member States, but can

rather, by reason of its scale and effects, only be achieved at Union level, the Union may

adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the

Treaty on European Union (TEU). In accordance with the principle of proportionality as set

out in that Article, this Regulation does not go beyond what is necessary in order to achieve

that objective,

HAVE ADOPTED THIS REGULATION:

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## **Chapter I - General provisions**

_Article 1_

_Subject matter and scope_

1. This Regulation establishes a framework ~~to improve the environmental sustainability of~~

~~products and to ensure free movement in the internal market by~~ **for** setting ecodesign

requirements that products ~~shall fulfil~~ ~~**h**~~ **ave to comply with** to be placed on the market or put

into service, **with the aim to improve the environmental sustainability of products and to**

**ensure their free movement within the internal market.** ~~Those ecodesign requirements,~~

~~which shall be further elaborated by the Commission in delegated acts, relate to:~~

~~(a)~~ ~~product durability and reliability;~~

~~(b)~~ ~~product reusability;~~

~~(c)~~ ~~product upgradability, reparability, maintenance and refurbishment;~~

~~(d)~~ ~~the presence of substances of concern in products;~~

~~(e)~~ ~~product energy and resource efficiency;~~

~~(f)~~ ~~recycled content in products;~~

~~(g)~~ ~~product remanufacturing and recycling;~~

~~(h)~~ ~~products’ carbon and environmental footprints;~~

~~(i)~~ ~~products’ expected generation of waste materials.~~

This Regulation also establishes a digital product passport (‘product passport’), provides for

the setting of mandatory green public procurement ~~criteria~~ **requirements** and creates a

framework to prevent unsold consumer products from being destroyed.

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2. This Regulation shall apply to **products with the exception of** ~~any physical good that is~~

~~placed on the market or put into service, including components and intermediate products.~~

~~However, it shall not apply to~~ :

(a) food as defined in Article 2 of Regulation (EC) No 178/2002;

(b) feed as defined in Article 3(4) of Regulation (EC) No 178/2002;

(c) medicinal products for human use as defined in Article 1(2) of Directive 2001/83/EC;

(d) veterinary medicinal products as defined in Article 4(1) of Regulation (EU) 2019/6;

(e) living plants, animals and micro-organisms;

(f) products of human origin;

(g) products of plants and animals relating directly to their future reproduction.

**(h) vehicles as referred to in Article 2(1) of Regulation (EU) 2018/858, Regulation (EU)**

**No 167/2013, and Regulation (EU) No 168/2013.**

_Article 2_

_Definitions_

For the purposes of this Regulation, the following definitions shall apply:

(1) ‘product’ means any physical good that is placed on the market or put into service;

(2) ‘component’ means a product intended to be incorporated into another product;

(3) ‘intermediate product’ means a product that requires further manufacturing or transformation

such as mixing, coating or assembling to make it suitable for ~~end-users~~ **customers** ;

        (4) ‘energy related product’ means any product that has an impact on energy consumption during

use;

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(5) ‘product group’ means a set of products that serve similar purposes and are similar in terms of

use, or have similar functional properties, and are similar in terms of consumer perception;

(6) ‘ecodesign’ means the integration of environmental sustainability considerations into the

characteristics of a product and the processes taking place throughout the product’s value

chain;

(7) ‘ecodesign requirement’ means a performance requirement or an information requirement

aimed at making a product **or processes taking place throughout the product’s value chain**

more environmentally sustainable;

(8) ‘performance requirement’ means a quantitative or non-quantitative requirement for or in

relation to a product to achieve a certain performance level in relation to a product parameter

referred to in Annex I;

(9) ‘information requirement’ means an obligation for a product to be accompanied by

information as specified in Article 7(2);

(10) ‘supply chain’ means all upstream activities and processes of the value chain of the product,

up to the point where the product reaches the ~~end-user~~ **customer** ;

(11) ‘value chain’ means all activities and processes that are part of the life cycle of a product, as

well as its possible remanufacturing;

(12) ‘life cycle’ means the consecutive and interlinked stages of a product’s life, consisting of raw

material acquisition or generation from natural resources, pre-processing, manufacturing,

storage, distribution, installation, use, maintenance, repair, upgrading, refurbishment and ~~r~~ e

use, and end-of-life;

(13) ‘end-of-life’ means the life cycle stage that begins when a product is discarded and ends when

the product is returned to nature as a waste product or enters another product’s life cycle;

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(14) ‘environmental impact’ means any change to the environment, whether adverse or beneficial,

wholly or partially resulting from a product during its life cycle;

(15) ‘class of performance’ means a range of performance levels in relation to one or more product

parameters referred to in Annex I, ordered into successive steps to allow for product

differentiation;

(16) ‘remanufacturing’ means an ~~industrial process~~ **operation** in which a **new** product is ~~produced~~

**manufactured** from objects that are **either** waste, products or components and in which at

least one change is made to the product that affects ~~the~~ **its** safety, performance, purpose or

type ~~of the product typically placed on the market with a commercial guarantee~~ ;

(17) ‘upgrading’ means **actions carried out to** enhanc ~~**e**~~ ~~ing~~ the functionality, performance,

capacity **, safety** or aesthetics of a product;

(18) ‘refurbishment’ means **actions carried out to** **prepare, clean,** test ~~ing and preparing or~~

~~modifying~~ ~~**a**~~ **nd, where necessary repair** an object that is waste or a product **in order** to

restore **either** its performance or functionality within the intended use ~~,~~ **and** range of

performance ~~and maintenance~~ originally conceived at the design stage **applicable at the time**

**of its placing on the market.** ~~or to meet applicable technical standards or regulatory~~

~~requirements with the result of making a fully functional product;~~

(19) ‘maintenance’ means ~~an a~~ ction **s** carried out to keep a product in a condition where it is able to

~~function as required~~ ~~**f**~~ **ulfil its intended use** ;

(20) ‘repair’ means **actions carried out that return** ~~returning~~ a defective product or waste to a

condition where it fulfils its intended use;

(21) ‘durability’ means the ability of a product to function as required, under specified conditions

of use, maintenance and repair, until a **condition after one or more** limiting event **s** ~~prevents~~

~~its~~ ~~functioning~~ ~~**i**~~ **s reached** ;

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(22) ‘reliability’ means the probability that a product functions as required under given conditions **,**

**including maintenance,** for a given duration without limiting event;

**(22a) ‘limiting event’ means an occurrence with the result that a function, which fulfils the**

**intended use, is no longer delivered;**

(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 **which can be, where**

**appropriate, complemented or supplemented by scientifically robust tools and methods**

**with a level of detail that ensures comparability across product groups;**

(24) ‘Product Environmental Footprint method’ means the life cycle assessment method to

quantify the environmental impacts of products established by Recommendation (EU)

2021/2279;

(25) ‘carbon footprint’ means the sum of greenhouse gas (GHG) emissions and GHG removals in

a product system, expressed as CO 2 equivalents and based on a life cycle assessment using the

single impact category of climate change;

~~(26)~~ ~~‘public contracts’ means public contracts as defined in Article 2(5) of Directive 2014/24/EU;~~

(27) ‘substance’ means a substance as defined in Article 3, point (1), of Regulation (EC) No

1907/2006;

**(27a) ‘mixture’ means a mixture as defined in Article 3, point (2), of Regulation (EC)**

**1907/2006**

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(28) ‘substance of concern’ means a substance that:

(a) meets the criteria laid down in Article 57 and is identified in accordance with Article

59(1) of Regulation (EC) No 1907/2006; or

(b) is classified in Part 3 of Annex VI to Regulation (EC) No 1272/2008 in one of the

following hazard classes or hazard categories:

–
carcinogenicity categories 1 and 2,

–
germ cell mutagenicity categories 1 and 2,

–
reproductive toxicity categories 1 and 2, [to be added in the course of the

legislative procedure once Regulation (EC) No 1272/2008 contains these hazard

classes: Persistent, Bioacumulative, Toxic (PBTs), very Persistent very

Bioaccumulative (vPvBs); Persistent, Mobile and Toxic (PMT), very Persistent

very Mobile (vPvM); Endocrine disruption],

–
respiratory sensitisation category 1,

–
skin sensitisation category 1,

–
chronic hazard to the aquatic environment categories 1 to 4,

–
hazardous to the ozone layer,

– –
specific target organ toxicity repeated exposure categories 1 and 2,

– –
specific target organ toxicity single exposure categories 1 and 2; or

(c) negatively affects the re-use and recycling of materials in the product in which it is

present;

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(29) ‘product passport’ means a set of data specific to a product that includes the information

specified in the applicable delegated act adopted pursuant to Article 4 and that is accessible

via electronic means through a data carrier in accordance with Chapter III;

(30) ‘data carrier’ means a linear bar code symbol, a two-dimensional symbol or other automatic

identification data capture medium that can be read by a device;

(31) ‘unique product identifier’ means a unique string of characters for the identification of

products that also enables a web link to the product passport;

(32) ‘unique operator identifier’ means a unique string of characters for the identification of actors

involved in the value chain of products;

(33) ‘unique facility identifier’ means a unique string of characters for the identification of

locations or buildings involved in the value chain of a product or used by actors involved in

the value chain of a product;

(34) ‘processing’ means processing as defined in Article 3, point (2), of Regulation (EU)

2018/1807;

(35) ‘destruction’ means the intentional damaging or discarding of a product as waste with the

exception of discarding for the only purpose of delivering a product for preparing for re-use or

remanufacturing operations;

**(35a) ‘customer’ means a natural or legal person who buys, hires or receives a product for**

**own use whether or not acting for purposes which are outside its trade, business, craft**

**or profession;**

**(35b) ‘consumer’ means a consumer as defined in Article 2, point (2), of Directive (EU)**

**2019/771;**

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(36) ‘consumer product’ means any product, excluding components and intermediate products,

primarily intended for consumers ~~as defined in Article 2, point (2), of Directive (EU)~~

~~2019/771;~~

(37) ‘unsold consumer product’ means any consumer product that has not been sold or that has

been returned by a consumer in view of their right of withdrawal in accordance with Article 9

of Directive (EU) 2011/83/EU **or, where applicable, in view of the commercial guarantee**

**for withdrawal provided by the retailer regarding the product concerned.**

(38) ‘self-regulation measure’ means a voluntary agreement or codes of conduct, concluded by

**economic operators or** industry sectors on their own initiative, which they are responsible

for enforcing;

(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;

(40) ‘placing on the market’ means the first making available of a product on the Union market;

(41) ‘putting into service’ means the first use, for its intended purpose, in the Union, of a product;

(42) ‘manufacturer’ means any natural or legal person who manufactures a product or who has

~~such~~ a product designed or manufactured, and markets that product under its name or

trademark ~~or, in the absence of such person or an importer, any natural or legal person who~~

~~places on the market or puts into service a product;~~

(43) ‘authorised representative’ means any natural or legal person established in the Union who

has received a written mandate from the manufacturer to act on its behalf in relation to

specified tasks with regard to the manufacturer’s obligations under this Regulation;

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(44) ‘importer’ means any natural or legal person established in the Union who places a product

from a third country on the Union market;

(45) ‘distributor’ means any natural or legal person in the supply chain, other than the

manufacturer or the importer, who makes a product available on the market;

(46) ‘economic operator’ means the manufacturer, the authorised representative, the importer, the

distributor, the dealer and the fulfilment service provider;

(47) ‘technical specification’ means a document that prescribes technical requirements to be

fulfilled by a product, process or service;

(48) ‘harmonised standard’ means a standard as defined in Article 2(1), point (c), of Regulation

(EU) No 1025/2012;

(49) ‘CE marking’ means a marking by which the manufacturer indicates that the relevant product

is in conformity with the applicable requirements set out in Union harmonisation legislation

providing for its affixing;

(50) ‘accreditation’ means accreditation as defined in Article 2(10) of Regulation (EC) No

765/2008;

(51) ‘national accreditation body’ means a national accreditation body as defined in Article 2(11)

of Regulation (EC) No 765/2008;

(52) ‘conformity assessment’ means the process demonstrating whether the **ecodesign**

requirements set out in the relevant delegated acts adopted pursuant to Article 4 have been

fulfilled;

(53) ‘conformity assessment body’ means a body that performs conformity assessment activities

including calibration, testing, certification and inspection;

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(54) ‘notified body’ means a conformity assessment body notified in accordance with Chapter IX

of this Regulation;

(55) ‘online marketplace’ means a provider of an intermediary service using software, including a

website, part of a website or an application, that allows customers to conclude distance

contracts with economic operators for the sale of products covered by delegated acts adopted

pursuant to Article 4;

(56) ‘dealer’ means a **distributor** ~~retailer or any other natural or legal person~~ who offers products

for sale, hire or hire purchase, or displays products to customers **or installers** in the course of

a commercial activity, **including through distance selling,** whether or not in return for

payment;

(57) ‘distance selling’ means the offer for sale, hire or hire purchase of products, online or through

other means of distance sales, whereby the potential customer cannot physically access the

product displayed;

(58) ‘product presenting a risk’ means a product that, by not complying with a requirement set out

in or pursuant to this Regulation other than those listed in Article 65 (1), may adversely affect

the environment or other public interests protected by that requirement;

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(59) ‘product presenting a serious risk’ means a product presenting a risk for which, based on an

assessment, the degree of the relevant non-compliance or the associated harm is considered to

require rapid intervention by the market surveillance authorities, including cases where the

effects of the non-compliance are not immediate.

                                        In addition, the definitions of ‘waste’, ‘hazardous waste’, ‘re use’, ‘recovery’, ‘preparing for

re-use’ and ‘recycling’ in Article 3, points (1), (2), (13), (15), (16) and (17), of Directive

2008/98/EC of the European Parliament and of the Council **[64]** shall apply.

The definitions of ‘market surveillance’, ‘market surveillance authority’, ‘fulfilment service

provider’, ‘online interface’, ‘corrective action’, ~~‘end-user’,~~ ‘recall’, ‘withdrawal’, ‘customs

authorities’ and ‘release for free circulation’ in Article 3, points (3), (4), (11), (15), (16), ~~(21),~~

(22), (23), (24) and (25), of Regulation (EU) 2019/1020 shall also apply.

The definitions of ‘SMEs’, ‘small enterprises’ and ‘microenterprises’ in Article 2(1), (2) and

(3), of Annex I to Commission Recommendation 2003/361/EC **[65]** shall also apply.

64 Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008
on waste and repealing certain Directives (OJ L 312, 22.11.2008, p. 3).
65 Commission Recommendation of 6 May 2003 concerning the definition of micro, small and
medium-sized enterprises (OJ L 124, 20.5.2003, p. 36).

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_Article 3_

_Free movement_

1. Products shall only be placed on the market or put into service if they comply with the

ecodesign requirements set out in the delegated acts adopted pursuant to Article 4 applicable

to those products.

2. Member States shall not prohibit, restrict or impede the placing on the market or putting into

service of products that comply with the performance requirements set out in delegated acts

adopted pursuant to Article 4 for reasons of non-compliance with national performance

requirements relating to product parameters referred to in Annex I covered by performance

requirements included in such delegated acts.

Member States shall not prohibit, restrict or impede the placing on the market or putting into

service of products that comply with the information requirements set out in delegated acts

adopted pursuant to Article 4 for reasons of non-compliance with national information

requirements relating to product parameters referred to in Annex I covered by information

requirements included **in** such delegated act **s** .

3. **Notwithstanding p** ~~Pa~~ ragraph 2 **,** ~~shall not prevent M~~ ember States **shall not be precluded**

from setting minimum energy performance requirements in accordance with Article 4(1) and

system requirements in accordance with Article 8 of Directive 2010/31/EU of the European

Parliament and of the Council **[66]** .

66 Directive 2010/31/EU of the European Parliament and of the Council of 19 May 2010 on the
energy performance of buildings (OJ L 153, 18.6.2010, p. 13).

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4. Member States shall not prohibit, restrict or impede the placing on the market or putting into

service of products ~~on grounds of non-compliance with national requirements relating to~~

~~product parameters referred to in Annex I,~~ for which a delegated act adopted pursuant to

Article 4 **second sub-paragraph, explicitly establishes** ~~provides t~~ hat no performance, no

information or neither performance nor information requirements are ~~necessary~~ **to be set for**

**-**
**one or several specific parameters as referred to in Annex I, on grounds of non**

**compliance with national requirements relating to such parameters.**

5. At trade fair, exhibitions and similar events, Member States shall not prevent the showing of

products that do not comply with delegated acts adopted pursuant to Article 4, provided that a

visible sign clearly indicates that such products do not comply and that they are not for sale

until they have been brought into conformity.

## **Chapter II - Ecodesign requirements**

_Article 4_

_Empowerments to adopt_ _delegated_ _acts_

The Commission is empowered to adopt delegated acts in accordance with Article 66 **, after**

**consulting the Ecodesign Expert Group referred to in Article 17a and the Ecodesign Forum**

**referred to in Article 17,** to supplement this Regulation by establishing ecodesign requirements

fo ~~r, or in relation to,~~ products to improve their environmental sustainability. ~~Those requirements~~

~~shall include the elements listed in Annex VI and shall be established in accordance with Articles 5,~~

~~6 and 7 and Chapter III.~~ **Those delegated acts shall include the elements and respective ways of**

**identifying them listed in Article 7a. Ecodesign requirements shall be established in**

**accordance with Articles 5, 6 and 7 and Chapter III.** The empowerment to adopt **delegated acts**

**to establish** ecodesign requirements includes the ~~power to~~ **possibility to explicitly** establish that no

performance requirements, no information requirements or neither performance nor information

requirements are **to be set** ~~necessary~~ for certain specified product parameters referred to in Annex I

**only in cases where establishing a requirement related to that specific product parameter as**

**referred to in Annex I would have a negative impact on the ecodesign requirements**

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**considered for the product group thus preventing the delegated act from meeting the**

**objectives of this Regulation.**

**The empowerment to adopt delegated acts to establish ecodesign requirements does not**

**include the possibility to adopt a delegated act that establishes that no ecodesign requirement**

**at all is necessary for a product group.**

When establishing ecodesign requirements in delegated acts referred to in the first subparagraph **of**

**this Article**, the Commission shall also supplement this Regulation by specifying the applicable

conformity assessment procedures from **either** ~~among t~~ he modul ~~es~~ ~~**A**~~ set out in Annex IV to this

Regulation ~~and~~ ~~**o**~~ **r one of the modules B to H set out in** 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 **of this Regulation** .

Delegated acts referred to in the first subparagraph ma ~~y also supplement this Regulation by~~ **, as**

**appropriate in view of the specificities of the product group, include any of the following**

**requirements:**

(a) **Where this is necessary for effective market surveillance:**

**(i)** **requiring manufacturers, their authorised representatives or importers to keep the**

**technical documentation and the EU declaration of conformity for a period longer**

**or shorter than 10 years after** ~~**that**~~ **the relevant product has been placed on the**

**market or put into service taking into account of the nature of the product or**

**requirements concerned;**

**(ii)** **requiring economic operators to provide, upon request, market surveillance**

**authorities with the information set out in Article 30(2) for a period longer or**

**shorter than 10 years after that product has been supplied;**

( **iii** ) requiring manufacturers, their authorised representatives or importers to make parts of

the technical documentation related to the relevant product digitally available to the

Commission or market surveillance authorities without request, in accordance with

Article 30(3);

**(iv)** **requiring supply chain actors to comply with the obligations listed under points a)**

**to c) of Article 31(a).**

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~~(b)~~ ~~requiring manufacturers, their authorised representatives or importers to make available to the~~

~~Commission information on the quantities of a product covered by those delegated acts placed~~

~~on the market or put into service, in accordance with Article 31(1);~~

**-**
**(b)** **Where this is necessary in order to ensure energy** **efficient usage of products or to**

**develop future ecodesign requirements:**

~~(c~~ ~~**i**~~ ) requiring products placed on the market to be able to measure the energy they consume

or their performance in relation to other relevant product parameters referred to in

Annex I while in use, in accordance with Article 31(2);

~~(d~~ ~~**i**~~ **i** ) requiring manufacturers, their authorised representatives or importers to collect ~~,~~ **and**

anonymis ~~e, or report to the Commission the~~ in-use data referred to in point (c) **and**

**report to the Commission** ~~,~~ in accordance with Article 31(3);

~~(e~~ ~~**i**~~ **ii** ) requiring the use of ~~online~~ **digital** tools to calculate the performance of a product in

relation to a product parameter referred to in Annex I, in accordance with Article 32(2);

**(c)** **In order to ensure transparency about conformity with ecodesign requirements:**

( **i** ~~f)~~ **for products not subject to the requirement for affixing the CE marking before**

**being placed on the market or put into service under Union law,** specifying

~~alternative~~ rules on ~~the declaration of conformity or~~ markings, indicating conformity

with ecodesign requirements ~~by way of derogation from Articles 37 and 39,~~ in

accordance with Article 40;

~~(g)~~ ~~specifying rules to direct Member States incentives in accordance with Article 57;~~

~~(h)~~ ~~establishing requirements applicable to public contracts, including implementation,~~

~~monitoring and reporting of those requirements by Member States. Those requirements shall~~

~~be based on the product parameters referred to in Annex I and established in accordance with~~

~~Article 58.~~

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_Article 5_

_Ecodesign requirements_

1. The Commission shall, ~~as appropriate to the relevant product groups~~ **in order to address**

**relevant adverse environmental impacts which arise in any** ~~and with due consideration for~~

~~all~~ ~~**o**~~ **f the** stages of ~~their~~ **the products’** life cycle **or to further improve already existing**

**beneficial environmental impacts**, establish ecodesign requirements **based on the product**

**parameters in Annex I** to improve the following product aspects **when relevant to the**

**product group concerned** :

(a) durability;

(b) reliability;

(c) reusability;

(d) upgradability;

(e) reparability;

(f) possibility of maintenance and refurbishment;

(g) presence of substances of concern;

(h) energy use ~~or~~ **and** energy efficiency;

**(ha) water use and water efficiency;**

(i) resource use ~~or~~ **and** resource efficiency;

**(ia) material use and material efficiency;**

(j) recycled content;

(k) possibility of remanufacturing ~~and recycling;~~

**(ka) possibility of recycling;**

(l) possibility of recovery of materials;

**-**
**(** **m) carbon and environmental footprint;**

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**(m)** ~~environmental impacts, including carbon and environmental footprint~~ **contribution to**

**climate change, pollution of water, air and soil, land use;**

(n) expected generation of waste ~~materials.~~

**1a.** **The Commission shall select or develop tools or methodologies as necessary for the**

**setting of ecodesign requirements. When the Commission selects or develops a**

**methodology or tool to be used for the setting of ecodesign requirements it shall**

**regularly inform, and as appropriate consult, the Ecodesign Forum referred to in**

**Article 17 and the Expert Group referred to in Article 17a.**

2. Ecodesign requirements shall be established for a specific product group. **A delegated act**

**may exclude from the scope a subset of products belonging to the regulated product**

**group or exempt them from some of the requirements, taking into account:**

**-**
**(a) patterns of use or typical real** **life use;**

**(b) product characteristics, including material composition, size or ability to withstand**

**specific conditions of use or specific environments;**

**(c) applicable standards, methods, legislation and policies, or the lack thereof;**

**(d) requirements for security, military, safety or medical purposes;**

**(e) the specifics of the product's market, including the volume of sales and the way in**

**which products are marketed; and**

**(f) bespoke products or products produced in very small quantities.**

**Products whose sole purpose is to serve defence or national security shall be excluded**

**from the product group.**

**2a.** ~~However, w~~ ~~**W**~~ here two or more product groups display ~~technical~~ **one or more** similarities

allowing a product aspect referred to in paragraph 1 to be improved based on ~~a~~ common

**ecodesign** requirements, **such** ~~ecodesign r~~ equirements may be established horizontally for

**“** **”**
those product groups **(** **horizontal ecodesign requirements** **)** .

**When establishing horizontal ecodesign requirements, the Commission shall also take**

**into account the effectiveness of such an approach, in particular its ability to cover a**

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**wide range of product groups in the same act, including product groups that have not**

**been prioritised individually in the working plan referred to in Article 16.**

**A horizontal ecodesign requirement might be further adapted to the specificities of the**

**product groups covered.**

**3a.** A **n** ~~horizontal~~ ecodesign requirement ~~established pursuant to the second subparagraph~~ may

cover products falling in the scope of a self-regulation measure **listed pursuant to Article**

**18(3)** ~~established as a valid alternative pursuant to Article 18(3),~~ ~~where the Commission~~

~~considers that~~ ~~**i**~~ **n case** that self-regulation measure does not address the product aspect

covered by that ~~horizontal~~ ecodesign requirement.

3. Ecodesign requirements shall, as appropriate **to improve the specific product aspects**,

include:

(a) performance requirements as set out in Article 6 **o** ~~**r**~~ ~~;~~

(b) information requirements as set out in Article 7 ~~.~~ ~~**;**~~

**(c ) or both.**

4. When preparing ecodesign requirements, the Commission shall:

(a) take into account the following elements:

(i) Union climate, environmental and energy efficiency priorities and other related

Union priorities;

(ii) relevant Union ~~legislation~~ **law**, including the extent to which it addresses the

relevant product aspects listed in paragraph 1;

(iii)self-regulation measures ~~, as provided for in Article 18;~~

(iv) relevant national environmental legislation;

(v) relevant European and international standards;

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(b) carry out an impact assessment based on best available evidence and analyses, and as

appropriate on additional studies and research results produced under ~~European~~ **Union**

funding programmes. In doing so, the Commission shall ensure that the depth of

analysis of the product aspects listed in paragraph 1 is proportionate to their significance

**for the product concerned and in view of their potential to contribute to the overall**

**improvement of the environmental sustainability of the product concerned. In**

**addition, the Commission shall consider the interdependencies of parameters and**

**avoid conflicting or duplicating requirements.** The establishment of ecodesign

requirements on the most significant aspects of a product among those listed in

paragraph 1 shall not be unduly delayed by uncertainties regarding the possibility to

establish ecodesign requirements to improve other aspects of that product **. The impact**

**assessment shall indicate the methodology used;**

**(c)** take into consideration relevant technical information used as a basis for or derived

from Union ~~legislation~~ **law** or instruments, including Regulation (EC) No 66/2010,

Directive 2010/75/EU, technical screening criteria adopted pursuant to Regulation (EU)

2020/852 and green public procurement criteria;

(d) take into account the views expressed by the Ecodesign Forum referred to in Article 17

**and the Ecodesign Expert Group referred to in Article 17a and the results of the**

**public consultation.**

5. Ecodesign requirements shall meet the following criteria:

(a) there shall be no significant negative impact on the functionality of the product, from

the perspective of the user;

(b) there shall be no adverse effect on the health and safety of persons;

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(c) there shall be no significant negative impact on consumers in terms of the affordability

of relevant products, ~~also~~ taking into account access to second-hand products, durability

and the **cost, including** life cycle cost of products;

(d) there shall be no disproportionate negative impact on the competitiveness of economic

**operators and other** actors **in the value chain**, ~~at least~~ **and in particular** of SMEs;

(e) there shall be no proprietary technology imposed on manufacturers or other ~~economic~~

actors **in the value chain** ;

(f) there shall be no disproportionate administrative burden on manufacturers or other

~~economic~~ actors **in the value chain, in particular SMEs** .

~~6.~~ ~~The Commission shall~~ ~~**,**~~ ~~where appropriate~~ ~~**,**~~ ~~require~~ ~~supply chain actors to:~~

~~(a)~~ ~~provide, upon request, manufacturers, notified bodies and competent national~~

~~authorities with available information related to their supplies or services that is relevant~~

~~in order to verify compliance with ecodesign requirements;~~

~~(b)~~ ~~allow, in the absence of information referred to in point (a), manufacturers to assess~~

~~their supplies or services in order to verify compliance with ecodesign requirements and~~

~~give access to relevant documents or facilities to those manufacturers;~~

~~(c)~~ ~~enable notified bodies and competent national authorities to verify the correctness of~~

~~information related to their activities and relevant for verifying compliance with~~

~~ecodesign requirements.~~

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7. **Ecodesign requirements shall be verifiable.** The Commission shall ~~, where appropriate,~~

identify appropriate means of verification for specific ecodesign requirements, including

directly on the product or on the basis of the technical documentation. **The Commission shall**

**specify, as a minimum, the content, the format, the manner, and the order in which the**

**information necessary for the verification of compliance is to be made available.**

8. The Commission shall publish relevant studies and analyses used in the establishment of

ecodesign requirements in accordance with this Regulation.

**9.** **For each product group concerned by ecodesign requirements, the Commission shall**

**determine, where relevant, which substances fall under the definition in Article 2 (28),**

**point (c) taking into account at least, whether:**

( **a)** **based on the state-of-the-art technologies, the substances make the re-use, or**

**recycling process substantially more complicated, costly, environmentally**

**impactful, or energy- or resource-demanding,**

**(b)** **the substances impair the technical properties or functionalities, the usefulness or**

**the value of the recycled material or products manufactured from this recycled**

**material,**

**(c)** **the substances negatively impact cosmetic, aesthetic or olfactory properties of the**

**recycled material.**

**The identification of such substances shall not be based on reasons relating primarily to**

**chemical safety.**

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_Article 6_

_Performance requirements_

1. ~~Products shall comply with p~~ **P** erformance requirements **shall be set to improve** ~~related to~~ the

**specific** product aspects listed in Article 5(1) ~~, as laid down in the delegated acts adopted pursuant to~~

~~Article 4.~~ **The performance requirements shall be tailored to the particular characteristics of**

**the product group concerned. The performance requirements shall in order to improve the**

**product group’s environmental sustainability effectively address adverse environmental**

**impacts of products throughout their lifecycle, or further improve already existing beneficial**

**environmental impacts in relation to environmental sustainability.**

2. Performance requirements ~~referred to in paragraph 1 shall be based on the product parameters~~

~~referred to in Annex I and~~ shall ~~as appropriate,~~ include **:**

(a) minimum or maximum levels in relation to a specific product parameter ~~referred to in~~

~~Annex I~~ or a combination thereof **or** ;

(b) non-quantitative requirements that aim to improve performance in relation to one or

more product parameters **;** ~~referred to in Annex I,~~ ~~**o**~~ **r both.**

~~(c)~~ ~~requirements related to the functional performance of a product.~~

3. **Performance requirements based on the product parameter set out in Annex I, point (f),**

**shall, where relevant, restrict the presence of substances in products for reasons relating**

**primarily to the improvement of environmental sustainability of the products.**

Performance requirements based on the product parameter set out in Annex I, point (f), shall

not restrict the presence of substances in products for reasons relating primarily to chemical

safety.

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4. When establishing performance requirements, the Commission shall follow the procedure set

out in Annex II.

**5.** **Based on the outcome of its analysis in accordance with Annex II, the Commission shall**

**choose one or several performance requirements to be imposed on the relevant product**

**group. The Commission shall consider all the relevant and significant negative effects of**

**the relevant products on the environment and the environmental sustainability of the**

**products, and identify the most effective performance requirement(s) to reduce these**

**negative effects.**

**When establishing each performance requirement for a specific aspect as listed in**

**Article 5(1), the Commission shall assess the possible positive and negative impacts of**

**this requirement on other aspects or parameters listed in Annex I.**

_Article 7_

_Information requirements_

1. ~~Products shall comply with i~~ **I** nformation requirements **shall require information to be**

**provided on** ~~related to~~ the product aspects listed in Article 5(1) ~~, as laid down in the delegated~~

~~acts adopted pursuant to Article 4~~ .

2. The information requirements ~~referred to in paragraph 1~~ shall:

(a) include, as a minimum, requirements related to the product passport referred to in

Chapter III and requirements related to substances of concern referred to in paragraph 5 ~~;~~

~~and~~

(b) as appropriate, **also** require products to be accompanied by:

(i) information on the performance of the product in relation to **one or more of** the

product parameters referred to in Annex I.

(ii) information for **customers and other actors** ~~consumers and other end-users~~ on

how to install, use, maintain and repair the product **, including its reparability,** in

order to minimise its impact on the environment and to ensure optimum

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durability, as well as on how to return or ~~dispose of the product at end-of-life~~

**handle the product at the end of its life, as relevant;**

(iii) information for treatment facilities on disassembly, **reuse,** recycling, or disposal

at end-of-life, **as relevant;**

(iv) other information that may influence the way the product is handled by parties

other than the manufacturer in order to improve performance in relation to product

parameters referred to in Annex **I;**

**(v)** **the carbon footprint and environmental footprint in Annex I;**

Where a delegated act ~~s~~ contains horizontal ecodesign requirements for two or more product

groups as referred to in Article 5(2), second subparagraph, point (a) of this paragraph shall not

apply.

**2a.** **The information requirements referred to in Article 7(2), point b, shall be tailored to the**

**particular characteristics of the product groups concerned and the intended recipients**

**of the information, such as customers, users or actors involved in value retaining**

**operations.**

**The information requirements referred to in Article 7(2), point b, shall encourage**

**sustainable product choices for customers and economic actors downstream, ensure**

**appropriate use, facilitate value retaining operations such as repair, refurbishment,**

**remanufacturing, upgrade, recycling and maintenance, and ensure correct treatment at**

**end-of-life.**

**When a performance requirement is established for a specific parameter a**

**corresponding information requirement may also be established, as appropriate. An**

**information requirement can also be established without a corresponding performance**

**requirement on that parameter.**

**2b. Based on its analysis, the Commission shall choose one or several information**

**requirement(s) to be imposed on the relevant product group. The Commission shall**

**choose the requirement(s) that have the highest likelihood of driving customers, users or**

**other economic actors to adopt more environmentally sustainable behaviours while the**

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**costs associated with the requirement(s) fulfil the criteria in Article 5(5), points c), d)**

**and f).**

3. Information requirements based on the product parameter set out in Annex I, point (f), shall

not provide obligations on the labelling of substances or mixtures for reasons relating

primarily to their hazards to health or the environment.

4. When establishing the information requirements referred to in paragraph 2, point (b), point (i),

the Commission shall, as appropriate **in view of the specificity of** **the product group,**

determine classes of performance **. Such requirements can be based on classes of**

**performance, on aggregated scores, in absolute terms or in any form that enables**

**potential customers to choose the best performing products.**

Those classes of performance shall correspond to ~~statistically~~ significant improvements in

performance levels.

5. **Unless otherwise provided for under the second subparagraph of this paragraph, point**

**c),** ~~**t**~~ ~~Th~~ e information requirements referred to in paragraph 1 shall enable the tracking of ~~all~~

substances of concern throughout the life cycle of products, unless such tracking is already

enabled by another delegated act adopted pursuant to Article 4 covering the products

concerned and shall include at least the following:

(a) the name of the substances of concern present in the product;

(b) the location of the substances of concern within the product;

(c) the concentration, maximum concentration or concentration range of the substances of

concern, at the level of the product, its ~~main~~ **relevant** components, or spare parts;

(d) relevant instructions for the safe use of the product;

(e) information relevant for disassembly **, recycling, reuse and end of life management** .

**The Commission may, as appropriate for the product group concerned, set thresholds**

**for when the information requirement regarding substances of concern is to apply.**

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Where the Commission sets out information requirements in a delegated act adopted pursuant

to Article 4, it shall **assess and where relevant** :

~~(a)~~ ~~establish which substances fall under the definition in Article 2(28), point (c), for the~~

~~purposes of the product groups covered;~~

(b) lay down deadlines for the entry into application of the information requirements

referred to in the first subparagraph, with possible differentiation between substances

**and with specific consideration given to substances listed under Article 2(28), point**

**b** ; and

(c) provide **duly justified** exemptions for substances of concern or information elements

from the information requirements referred to in the first subparagraph ~~.~~ **based on the**

**technical feasibility or relevance of tracking substances of concern, the need to**

**protect confidential business information or in other duly justified cases.**

**Substances of concern within the meaning of Article 2(28), point a), shall not be**

**exempted if they are present in products, their relevant components or spare parts**

**in a concentration above 0,1 % weight by weight.**

**(d)** **refer to existing information requirements under Union law, or if not possible,**

**ensure consistency with those requirements.**

~~Exemptions referred to in the second subparagraph, point (c), may be provided based on the~~

~~technical feasibility or relevance of tracking substances of concern, the need to protect~~

~~confidential business information and in other duly justified cases.~~

~~Substances of concern falling under the definition in Article 2(28), point (a), shall not be~~

~~exempted from the information requirement referred to in the first subparagraph if they are~~

~~present in the relevant products, their main components or spare parts in a concentration~~

~~above 0,1 % weight by weight.~~

**When specifying the information requirement on substances of concern, and in**

**particular substances under Article 2(28), point b, the Commission shall primarily aim**

**-** **-**
**at promoting re** **use, recycling, recovery and other value** **retaining operations.**

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6. Information requirements shall indicate the manner in which the required information shall be

made available. The required information shall ~~, as~~ ~~appropriate, b~~ e provided in **the product**

**passport, when available, and shall, when necessary as a complement, be provided in** ~~at~~

~~least~~ one **or more** of the following manners:

(a) on the product itself;

(b) on the product’s packaging;

~~(c)~~ ~~in the product passport referred to in Article 8;~~

~~(d~~ ~~**c**~~ ) on a label referred to in Article 14;

~~(e~~ ~~**d**~~ ) in a user manual;

~~(f~~ **e** ) on a free access website or application.

Information ~~ensuring~~ **enabling** the ~~traceability~~ **tracking** of substances **of concern** pursuant to

paragraph 5 shall be given either on the product or be accessible through a data carrier

included on the product.

7. The information to be supplied pursuant to information requirements shall be provided in a

language which can be easily understood by **customers** ~~consumers and other end-users~~, as

determined by the Member State in which the product is to be made available on the market

or put into service.

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_**Article 7a**_

_**Content of the delegated act**_

_**[Former Annex VI with adjustments]**_

**The delegated acts adopted pursuant to Article 4 shall specify at least the following elements:**

**(a)** **the definition of the product group or groups covered;**

**(b)** **the ecodesign requirements for the product groups covered**

**(ca) where relevant, the parameters for which the Commission explicitly states that no**

**ecodesign requirements are necessary, pursuant to Article 4 third subparagraph.**

**(c)** **the test, measurement or calculation standards or methods to be used pursuant to**

**Article 32 (1); where relevant, requirements for the use of online tools pursuant to**

**Article 32 (2);**

**(d)** **where relevant, the transitional methods, the harmonised standards, the reference**

**numbers of which have been published in the** _**Official Journal of the European Union**_ **, or**

**common specifications to be used;**

**(e)** **the conformity assessment module to be used pursuant to Article 4, third subparagraph,**

**of this Regulation as set out either in the module** ~~**s**~~ **A of Annex IV to this Regulation or in**

**one of the modules B-H in Annex II to Decision 768/2008/EC. Where the module to be**

**applied is different from the module set out in Annex IV, the factors leading to the**

**selection of that specific procedure.**

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**-**
**Where different conformity assessment modules [among the modules B** **H] in Annex II**

**to Decision 768/2008/EC, are to be used pursuant to other Union legislation for the same**

**product, the module defined in the delegated act adopted pursuant to Article 4 of this**

**Regulation shall prevail for the ecodesign requirement concerned.**

**When this Regulation, in exceptional cases, intervenes in a complementary manner to**

**the Construction Products Regulation, the delegated act shall specify that the system or**

**module that enables the relevant assessment at the lowest cost for the economic operator**

**shall be used, including, where appropriate, any conformity assessment provided for**

**pursuant to a measure under the Construction Products Regulation.**

**(f)** **dates of application ensuring adequate appropriate time for implementation, ensuring at**

**least 18 months after the entry into force of the delegated act, any staged or transitional**

**measure or periods, taking into account possible impacts on market surveillance**

**authorities, SMEs or on specific product groups manufactured primarily by SMEs.**

**The time economic operators are given to comply with the requirements established in**

**the delegated act shall take into account in particular the complexity of the ecodesign**

**requirements including the introduction of the product passport, changes needed in the**

**product design production process, the organisation of the supply chains, and the**

**innovative cycle including contractual duration in the sector concerned. The time SMEs**

**might need to comply shall in particular be taken into consideration.**

**(g)** **the duration of the transitional period during which Member States are to permit the**

**placing on the market or putting into service of products, which comply with the**

**national measures in force in their territory on the date of [application] of the**

~~**implementing**~~ **delegated act.**

**(h)** **the date for the evaluation and revision of the delegated act.**

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**When setting the date for evaluation, the Commission shall take into consideration the need to**

**adapt the requirements to technical progress, societal changes, availability of standards and**

**methods, policy objectives, environmental issues, and other relevant elements. The time**

**period by which the review should be carried out shall be fixed with regard to the need to**

**ensure legal certainty and stability, the maturity of the market, the characteristics of the**

**product group, and other relevant elements.**

## **Chapter III - Digital product passport**

_Article 8_

_Product passport_

~~1.~~ ~~The information requirements referred to in Article 7(1) shall provide that products can only~~

~~be placed on the market or put into service if a product passport is available in accordance~~

~~with the applicable delegated act adopted pursuant to Article 4 and Articles 9 and 10.~~

2. The requirements related to the product passport laid down in the delegated acts adopted

pursuant to Article 4 shall ~~, as appropriate for the product groups covered,~~ **be based on the**

**characteristics of the product groups covered and** specif ~~y the following~~ :

(a) the information to be included in the product passport pursuant to Annex III;

(b) **one or more** ~~the types of~~ data carrier **s** **which may** ~~to~~ be used;

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(c) the layout in which the data carrier ~~shall~~ **is to** be presented and its positioning;

(d) whether the product passport is to correspond to the model, batch, or item level **, and a**

**definition of these levels;**

(e) the manner in which the product passport ~~shall~~ **is to** be made accessible to customers

before they are bound by **a contract for sale, hire or hire purchase** ~~sales contract,~~

including in case of distance selling;

(f) the actors that ~~shall~~ **are to** have access to information in the product passport and to

what information they ~~shall~~ **are to** have access, ~~including~~ **such as** customers, ~~end-users,~~

manufacturers, importers and distributors, dealers, repairers, **refurbishers,**

remanufacturers, recyclers, competent national authorities, public interest organisations

and the Commission, or any organisation acting on their behalf;

(g) the actors that may introduce or update the information in the product passport,

including where needed the creation of a new product passport, and what information

they may introduce or update, ~~including~~ **such as** manufacturers, repairers, maintenance

professionals, **refurbishers,** remanufacturers, recyclers, competent national authorities,

~~and the Commission,~~ or any organisation acting on their behalf;

(h) the period for which the product passport ~~shall~~ **is to** remain available.

3. The requirements referred to in paragraph 2 shall:

(a) ensure that actors along the value chain, in particular consumers, economic operators

and competent national authorities, can access product information **which is**

**understandable and** relevant to them;

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(b) facilitate the verification of product compliance by competent national authorities; ~~and~~

(c) improve traceability of products along the value chain; **and**

**(d)  respect trade secrets in the meaning of Article 2 (1) Directive (EU) 2016/943.**

4. When establishing the requirements related to the product passport, the Commission may

exempt product groups from the requirement **to have a Digital Product Passport where** ~~set~~

~~out in paragraph 1 of this Article where~~ :

(a) technical specifications **of the product passport** are not available in relation to the

essential requirements included in Article 10; or

(b) other Union law includes a system for the digital provision of information related to a

product group for which the Commission considers that it achieves the objectives

referred to in paragraph 3, points (a) and (b).

_Article 9_

_General requirements for the product passport_

1. A product passport shall meet the following conditions:

(a) it shall be connected through a data carrier to a unique product identifier;

(b) the data carrier shall be physically present on **or in** the product, its packaging or on

documentation accompanying the product, as specified in the applicable delegated act

adopted pursuant to Article 4;

(c) the data carrier and the unique product identifier shall comply with ~~standard~~

~~(‘ISO/IEC’) 15459:2015~~ **standards referred to in point (l) in Annex III** ;

(d) ~~all~~ information included in the product passport shall be based on open ~~,~~ standards,

developed with an inter-operable format and shall be machine-readable, structured, and

searchable, **as appropriate, and** in accordance with the essential requirements set out

in Article 10 **. The information shall be transferable through an open interoperable**

**data exchange network without vender lock-in.**

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(e) the information included in the product passport shall refer to the product model, batch,

or item as specified in the delegated act adopted pursuant to Article 4;

(f) the access to information included in the product passport shall be regulated in

accordance with the essential requirements set out in Article 10 and the specific access

rights at product group level shall be identified in the applicable delegated act adopted

pursuant to Article 4.

~~The Commission is empowered to adopt delegated acts in accordance with Article 66 to~~

~~amend the first subparagraph, point (c), of this Article in light of technical and scientific~~

~~progress by replacing the standard referred to in that point or adding other European or~~

~~international standards with which the data carrier and the unique identifiers shall comply for~~

~~the purposes of meeting the conditions set out in this Article.~~

2. Where other Union legislation requires or allows the inclusion of specific information in the

product passport, that information may ~~be added to the information to~~ be included in the

product passport pursuant to the applicable delegated act adopted pursuant to Article 4.

3. The economic operator placing the product on the market shall provide dealers with a digital

copy of the data carrier to allow the dealer to make it accessible to customers where they

cannot physically access the product. The economic operator shall provide that digital copy **,**

**or its webpage link where it is available,** free of charge and within 5 working days of the

dealer’s request.

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_Article 10_

_Technical design and operation of the product passport_

The technical design and operation of the product passport shall comply with the following essential

requirements:

(a) product passports shall be fully interoperable with other product passports required by

delegated acts adopted pursuant to Article 4 in relation to the technical, semantic and

organisational aspects of end-to-end communication and data transfer;

(b) consumers, economic operators and other relevant actors shall have free access to the product

passport based on their respective access rights set out in the applicable delegated act adopted

pursuant to Article 4;

(c) the data included in the product passport shall be stored **by** the economic operator responsible

for its creation or by operators authorised to act on their behalf;

(d) if the data included in the product passport is stored or otherwise processed by operators

authorised to act on their behalf, those operators shall not be allowed to sell, re-use or process

such data, in whole or in part, beyond what is necessary for the provision of the relevant

storing or processing services;

(e) the product passport shall remain available for the period specified in delegated acts adopted

pursuant to Article 4, including after an insolvency, a liquidation or a cessation of activity in

the Union of the economic operator that created the product passport;

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(f) the rights to access and to introduce, modify or update information in **the** product passport

shall be restricted based on the access rights specified in delegated acts adopted pursuant to

Article 4 **;**

**(fa) protection of information that constitutes trade secrets** **in the meaning of Article 2 (1)**

**Directive (EU) 2016/943 or intellectual property rights shall be ensured** ;

(g) data authentication, reliability and integrity shall be ensured;

(h) product passports shall be designed and operated so that a high level of security and privacy is

ensured and fraud is avoided.

_Article 11_

_Unique operator identifier and unique facility identifier_

1. The unique operator identifiers referred to in Annex III, points (g) and (h), and the unique

facility identifiers referred to in Annex III, point (i), shall comply with the ~~ISO/IEC standard~~

~~15459:2015.~~ ~~**s**~~ **tandards referred to in in Annex III point (l).**

2. Where a unique operator identifier referred to in Annex III, point (h), is not yet available, the

economic operator creating **or updating** the product passport shall request a unique operator

identifier on behalf of the relevant actor.

Before issuing a request as referred to in the first subparagraph, the economic operator

creating **or updating** the product passport shall seek confirmation from the actor concerned

that no unique operator identifier exists and shall provide the supply chain actor concerned

with full details of the released unique operator identifier.

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3. Where a unique facility identifier referred to in Annex III, point (i), is not yet available, the

economic operator creating **or updating** the product passport shall request a unique facility

identifier on behalf of the actor responsible for the relevant location or building.

Before issuing a request as referred to in the first subparagraph, the economic operator

creating **or updating** the product passport shall seek confirmation from the responsible actor

that no unique facility identifier exists and provide the responsible actor with the full details

of the released unique facility identifier.

~~4.~~ ~~The Commission is empowered to adopt delegated acts in accordance with Article 66 to~~

~~amend paragraph 1 of this Article in light of technical and scientific progress by replacing the~~

~~standard referred to in that paragraph or adding European or international standards with~~

~~which unique operator identifiers referred to in Annex III, points (g) and (h), and unique~~

~~facility identifiers referred to in Annex III, point (i), may comply for the purposes of meeting~~

~~the conditions set out in this Article.~~

**5.** **The Commission shall adopt an implementing act setting out the procedure to create or**

**obtain the unique product identifier, the unique operator identifier and the unique**

**facility identifier. That implementing act shall be adopted in accordance with the**

**advisory procedure referred to in Article 67(2).**

_**Article 11a**_

_**Update of the standards applicable to the digital product passport**_

**The Commission is empowered to adopt delegated acts in accordance with Article 66 to**

**amend point (l) of Annex III in light of technical and scientific progress by replacing the**

**standards referred to or adding European or international standards with which the data**

**carriers, the unique operator identifiers referred to in Annex III, points (g) and (h), and the**

**unique facility identifiers referred to in Annex III, point (i), shall comply with for the**

**purposes of meeting the conditions set out in this Chapter.**

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_Article 12_

_Product passport registry_

1. **By [2 years from entering into force of this Regulation], t** ~~Th~~ e Commission shall set up and

**manage** ~~maintain~~ a **digital** registry **(“the registry”) storing in a secure manner at least the**

**unique product identifiers, the unique operator identifiers and the unique facility**

**identifiers.** ~~storing information included in the product passports required by delegated acts~~

~~adopted pursuant to Article 4.~~

~~The registry referred to in the first subparagraph shall at least include a list of the data carriers~~

~~and unique product identifiers referred to in Article 9(1).~~

~~The Commission shall ensure that the information stored in the registry referred to in the first~~

~~subparagraph is processed securely and in compliance with Union law, including applicable~~

~~rules on the protection of personal data.~~

2. The Commission shall, in the delegated acts adopted pursuant to Article 4, specify the

information which, in addition to being included in the product passport, shall be stored in the

registry ~~referred to in paragraph 1~~, taking into account at least the following criteria:

(a) the need to allow for the verification of the authenticity of the product passport;

(b) the relevance of information for improving the efficiency and effectiveness of market

surveillance checks and customs controls in relation to products covered by delegated

acts adopted pursuant to Article 4;

(c) the need to avoid disproportionate administrative burden for economic operators.

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3. In relation to its responsibility to ~~establish~~ **set up** and manage the registry ~~referred to in~~

~~paragraph 1~~ and the processing of any personal data that might result from that activity, the

Commission shall be regarded as controller as defined in Article 3, point (8), of Regulation

(EU) 2018/1725.

4. The economic operator placing the product on the market or putting it into service shall

upload, in the registry ~~referred to in paragraph 1,~~ **the identifiers referred to in paragraph 1**

**and** the information referred to in paragraph 2.

5. The Commission, competent national authorities and customs authorities shall have access to

the registry ~~referred to in this Article~~ for carrying out their duties pursuant to Union

~~legislation~~ **law** .

_**Article 12a**_

_**[Web portal for information in the digital product passport]**_

**The Commission shall set up and maintain a web portal allowing stakeholders to search for**

**information included in product passports. The web portal shall be designed to guarantee that**

**stakeholders can search for the information in line with their respective access rights**

**pursuant to the delegated act pursuant Article 4.**

_Article 13_

_Customs controls relating to the product passport_

1. The Commission shall interconnect the registry ~~referred to in Article 12(1)~~ with the EU

Customs Single Window Certificates Exchange (EU CSW-CERTEX), thus enabling the

automated exchange of information with the national customs systems through the EU Single

Window Environment for Customs established by Regulation (EU) **2022/2399** **[67]** ~~…/….~~ .

67 **Regulation (EU) 2022/2399 of the European Parliament and of the Council of 23**
**November 2022 establishing the European Union Single Window Environment for**
**Customs and amending Regulation (EU) No 952/2013**

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The Commission shall adopt an implementing act specifying the details of the implementation

arrangements of the interconnection referred to in the first subparagraph.

This implementing act shall be adopted in accordance with the examination procedure

referred to in Article 67(3).

The interconnection referred to in the first subparagraph shall be ~~in place~~ **operational** within

four years from the date of ~~adoption~~ **entry into force** of the implementing act referred to in

the second subparagraph.

Paragraphs 3 to ~~6~~ ~~**5**~~ of this Article shall apply as from the moment the interconnection is ~~in~~

~~place~~ **operational** .

2. Declarants as defined in Article 5, point (15), of Regulation (EU) 952/2013 shall include the

unique product identifier referred to in Article 9(1), point (a), in the customs declaration for

release for free circulation of any product covered by a delegated act adopted pursuant to

Article 4.

This paragraph shall apply from the moment the registry ~~referred to in Article 12(1)~~ is in

place.

3. Before allowing the release for free circulation, customs authorities shall **control** ~~verify,~~

whether the unique product identifier indicated by the declarant in accordance with paragraph

2 matches a unique product identifier included in the registry ~~referred to in Article 12(1)~~ .

**The release for free circulation shall not be deemed to be proof of conformity with**

**Union law.**

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~~4.~~ ~~Where information included in the product passport is also stored in the registry referred to in~~

~~Article 12(1), the Commission may, specify, in the delegated acts adopted pursuant to Article~~

~~4, that customs authorities shall, in addition to the verification referred to in paragraph 3 of~~

~~this Article, verify the~~ ~~consistency between the information stored in the registry and the~~

~~customs declaration before allowing the release for free circulation. In such case, the~~

~~Commission shall take into account at least the following criteria:~~

~~(a)~~ ~~the need to improve compliance of products placed on the Union market with ecodesign~~

~~requirements;~~

~~(b)~~ ~~the need to avoid disproportionate burden for customs authorities.~~

~~Where customs authorities establish further to the verification laid down in this paragraph that~~

~~there are discrepancies between the information stored in the registry and the customs~~

~~declaration, customs authorities shall refuse the release of that product for free circulation.~~

~~Customs authorities may take any other actions they deem appropriate in accordance with~~

~~customs legislation, and also registering the refusal in the registry referred to in Article 12(1)~~

~~and notifying competent national authorities of the refusal.~~

~~The release for free circulation shall not be deemed to be proof of conformity with Union law.~~

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5. The **control** ~~verification~~ referred to in paragraph ~~s~~ 3 ~~and~~ ~~4~~ shall take place electronically and

automatically via the **electronic interconnection referred to in paragraph 1** ~~EU Single~~

~~Window Environment for Customs~~ .

6. Customs authorities may retrieve and use the information included in the product passport and

the registry ~~referred to in Article 12(1)~~ for carrying out their duties pursuant to Union

legislation, including for risk management in accordance with Articles 46 and 47 of

Regulation (EU) No 952/2013.

**6a.** **This Article is without prejudice to any other Union legislation, in particular the**

**Regulation (EU) 952/2013 and its Articles 46, 47 and 134 and Chapter VII of Regulation**

**(EU) 2019/1020 on market surveillance and compliance of products.**

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## **Chapter IV - Labels**

_Article 14_

_Labels_

1. Where the information requirements referred in Article 7(1) specify that information shall be

included in a label pursuant to Article 7(6), point ( ~~d~~ ~~**c**~~ ), the delegated acts adopted pursuant to

Article 4 shall specify:

(a) the content of the label;

(b) the layout of the label taking account visibility and legibility;

(c) the manner in which the label shall be displayed to customers including in case of

distance selling, taking into account the requirements set out in Article 26 and the

implications for the relevant economic operators;

(d) ~~where appropriate~~ **where needed**, electronic means for generating labels.

2. Where an information requirement entails the inclusion in a label of the class of performance

of a product as referred to in Article 7(4), the layout of the label referred to in paragraph 1,

point (b), shall enable customers to easily compare product performance in relation to the

relevant product parameter and to choose better performing products.

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3. For energy-related products **that are subject to energy labels established pursuant to**

**Regulation (EU) 2017/1369**, where information on a relevant product parameter, including

on classes of performance referred to in Article 7(4), cannot be incorporated in the energy

label ~~established pursuant to Regulation (EU) 2017/1369~~ ~~**a**~~ **nd provided this information is**

**considered to be more relevant and comprehensive than the information covered by the**

**energy label,** the Commission, after assessing **the risk of confusion for customers, the**

**administrative burden for economic operators and** the best way to communicate ~~about this~~

**that** particular information, may, if appropriate, require the establishment of a label in

accordance with this Regulation **instead of the energy label** .

4. When establishing the information requirements referred to in paragraph 1, the Commission

shall, where appropriate, require the label to include data carriers or other means to allow

customers to access additional information on the product, including means allowing access

to the product passport ~~referred to in Article 8.~~

5. The Commission ~~may~~ **shall** adopt implementing acts establishing common requirements for

the layout of the labels required pursuant to Article 7(6), point ( ~~d~~ ~~**c**~~ ).

Those implementing acts shall be adopted in accordance with the examination procedure

referred to in Article 67(3).

_Article 15_

_Mimicking labels_

**Products shall not be placed on the market or put into service if they display labels which, by**

**mimicking the labels provided for in Article 14, are likely to mislead or confuse customers.**

~~Where delegated acts adopted pursuant to Article 4 do not require products to have a label, those~~

~~products may not be placed on the market or put into service if they supply or display labels which~~

~~are likely to mislead or confuse customers with respect to the labels provided for in Article 14.~~

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## **Chapter V - Prioritisation, planning and consultation**

_Article 16_

_Prioritisation and planning_

1. When prioritising products to be covered by ecodesign requirements ~~in accordance with this~~

~~Regulation,~~ the Commission shall **analyse** ~~take into account their~~ **the** potential contribution **of**

**those products** to achieving Union climate, environmental and energy efficiency objectives ~~,~~

**and to fostering the Union economic resilience and competitiveness,** ~~as well as~~ **taking into**

**account at least** the following criteria:

(a) the potential for improving the product aspects listed in Article 5(1) without entailing

disproportionate costs, taking into account in particular:

(i) the absence or insufficiency of Union law or failure of market forces or self

regulation measures adopted in accordance with Article 18 to address the

objective properly; and

(ii) the disparity in the performance of products available on the market with

equivalent functionality in relation to the product aspects listed in Article 5(1);

(b) the volume of sales and trade of the product within the Union;

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(c) the distribution of the environmental impacts, energy use and waste generation across

the value chain ~~, in particular whether they take place within the Union~~ ;

(d) the need to regularly review and adapt delegated acts adopted pursuant to Article 4 in

light of technological and market developments **also reflecting societal changes and**

**trends** .

**1a.** **When prioritising aspects to be covered by a horizontal requirements in accordance**

**with this Regulation, the Commission shall also take into consideration the added value**

**in having horizontal requirements imposed on a range of products and product groups.**

2. **Based on the analysis referred to in paragraph 1 and 1.a. of this Article, the** ~~The~~

Commission shall **, by [12 months after the entry into force of this Regulation],** adopt **an**

**implementing act establishing** ~~and regularly update~~ a working plan, covering a period of at

least 3 years, setting out a list of product groups **which will be considered priorities** for

~~which it intends to establish~~ **the establishment of** ecodesign requirements in accordance with

this Regulation **and regularly update it** . That list shall include products aspects referred to in

Article 5(1) **which will be considered priorities for the establishment of** ~~for which the~~

~~Commission intends to adopt~~ horizontal ecodesign requirements ~~established pursuant to~~ **in**

**accordance with** Article 5(2), second subparagraph **. The list shall also indicate which**

**products may be considered for such horizontal requirements.**

**That implementing act shall be adopted in accordance with the examination procedure**

**referred to in Article 67(3).**

~~When~~ **Before** adopting or updating the working plan referred to in the first subparagraph, the

Commission shall take into account the criteria set out in paragraph 1 of this Article and shall

consult the Ecodesign Forum referred to in Article 17 **and the Ecodesign Expert Group**

**referred to in Article 17a** .

**3.** **The Commission shall inform the European Parliament and the Council annually of the**

**progress made in the implementation of the working plan. In the case of delays in the**

**implementation of the working plan, the Commission shall give an explanation of the**

**main causes of the delays and how it intends to ensure progress in the implementation.**

**When the Commission chooses not to adopt a delegated act in relation to a product**

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**group or to a horizontal requirement included in the list referred to in paragraph 2, it**

**shall provide an explanation to the Council and the Parliament.**

_Article 17_

_Ecodesign Forum_

The Commission shall **establish an expert group referred to as the Ecodesign Forum with**

~~ensure that when it conducts its activities, it observes~~ a balanced participation of **experts**

**designated by** Member States ~~’ representatives~~ and **of** all interested parties involved with the

product or product group in question, such as industry, including SMEs and craft industry, trade

unions, traders, retailers, importers, environmental protection groups **, actors involved in circular**

**economy activities, European Standardisation Organisations** and consumer organisations.

~~These parties~~ ~~**T**~~ **he Ecodesign Forum** shall contribute in particular to preparing ecodesign

requirements, examining the effectiveness of the established market surveillance mechanisms, and

assessing self-regulation measures **and prohibitions of destruction of unsold consumer products.**

~~To that end, the Commission shall establish an expert group, in which those parties shall meet,~~

~~referred to as the ‘Ecodesign Forum’.~~

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**Article 17a**

_**Ecodesign Expert Group**_

**1.** **The Commission shall establish an expert group composed of experts designated by** **the**

**Member States (‘Ecodesign** **Expert Group’).**

**The Commission shall consult the Ecodesign Expert Group on at least:**

**a) developing ecodesign requirements,**

**-**
**b)** **evaluating self** **regulation measures pursuant to Article 18,**

**(c) measures to enhance compliance with the Regulation, such as education and**

**information campaigns, exchange of best practices between Member States, or**

**support to SMEs.**

**d)** **setting priorities and planning under Article 20d,**

**2.  The consultation with the Ecodesign Expert G** ~~**gr**~~ **oup under Article 17a shall take place**

**after the consultation pursuant to Article 17. The consultation referred to in Article**

**66(4) shall at least include consultation** ~~be~~ **with the Expert Group.**

**The Commission shall take into account the views of the Ecodesign Expert Group** ~~**.**~~

**The Commission shall regularly, at least every 6 months, inform the Ecodesign Expert Group**

**on its progress on actions presented in the working plans and on the work of the Ecodesign**

**Forum.**

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**The members of the Ecodesign Expert Group shall receive the invitation to the meeting and**

**the draft agenda not less than 60 calendar days before the meeting. They shall receive the**

**draft delegated acts and any other relevant documents sufficiently in advance of the meeting**

**of the Expert Group and not less than 30 calendar days before the date of the meeting. In**

**urgent or exceptional cases, this time limit may be reduced to 14 calendar days before the date**

**of the meeting.**

_Article 18_

_Self-regulation measures_

1. ~~Two or more economic~~ **Economic** operators may submit **to the Commission** a self-regulation

measure establishing ecodesign requirements for products ~~to the Commission as an alternative~~

~~to a delegated act adopted pursuant to Article 4~~ **not falling within the scope of a delegated**

**act adopted pursuant to Article 4** . Those operators shall provide evidence that the criteria

referred to in paragraph 3, points (a) to (e), are fulfilled. With respect to paragraph ~~3~~ ~~**2**~~, point

~~(a~~ ~~**e**~~ ), that evidence shall consist of a structured technical, environmental and economic

analysis, justifying the ecodesign requirements and objectives of the self-regulation measure,

and assessing the impacts of the ecodesign requirements set in that self-regulation measure.

2. The **submitted** self-regulation measure shall contain the following information:

(a) a list of the economic operators that are signatories to the self-regulation measure;

(b) the ecodesign requirements applicable to products covered by the self-regulation

measure;

(c) a detailed, transparent and objective monitoring plan, with clearly identified

responsibilities for industry and independent inspectors, including the criteria set out in

point 6 of Annex VII;

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(d) rules on information to be reported by signatories and on testing and inspections ~~.~~ **and;**

**-**
**(e)** **an explanatory note explaining how the submitted self** **regulation measure would**

**meet the objectives of this Regulation more quickly or at lesser expense than**

**mandatory requirements under Union law, supported by evidence.**

The information referred to in this paragraph shall be kept up-to-date and be available on a

publicly accessible website.

3. The Commission shall assess **the submitted** ~~the proposed~~ self-regulation measure, and, where

necessary, shall seek scientific advice from Union decentralised agencies. **In the assessment,**

**the Commission** ~~On the basis of that assessment, it~~ shall **verify whether** ~~establish whether it~~

~~is a valid alternative to a delegated act adopted pursuant to Article 4 where~~ the following

criteria are fulfilled:

(a) the self-regulation measure contributes to improving the environmental sustainability of

products and ensuring the free movement in the internal market **more** quickly or at a

lesser expense than **would** a delegated act adopted pursuant to Article 4 ~~;~~ ~~**,**~~ **and consists**

**of product requirements that are necessary to achieve the objectives of this**

**Regulation;**

**-**
**(aa) the self** **regulation measure is submitted by at least two economic operators;**

(b) the market share in terms of volume of the signatories to the self-regulation measure in

relation to the products covered by that measure is at least 80 % of units placed on the

market or put into service;

(c) the self-regulation measure complies with the criteria set out in Annex VII;

~~(d)~~ ~~the product covered by the self-regulation measure does not fall within the scope of a~~

~~delegated act adopted pursuant to Article 4;~~

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(e) the self-regulation measure is in line with Union ~~legislation~~ **law** and international trade

commitments of the Union.

**(f)** **the independent inspectors referred to in point (c) of paragraph 2 have been**

**-**
**selected and properly empowered as regards the self** **regulation measure in**

**accordance with Annex VII (6).**

**-**
**(g) the self** **regulation measure does not contain a label that can be confused with the**

**Ecodesign label or the Energy label.**

**The Commission shall during the assessment consult the Ecodesign Forum and the**

**-**
**Ecodesign Expert Group, in said order, on the submitted self** **regulation measure.**

The Commission shall adopt an implementing act containing a list of self-regulation measures

**which fulfil the criteria of this paragraph** ~~established as valid alternatives to a delegated act~~

~~adopted pursuant to Article 4.~~ That implementing act shall be adopted in accordance with the

**examination** ~~advisory~~ procedure referred to in Article 67( **3** ~~2)~~ .

4. The Commission may at any point in time request the signatories of a self-regulation measure

**listed in an implementing act adopted pursuant to paragraph 3, third subparagraph,** to

submit a revised and updated version of that measure in view of relevant market or

technological developments within the product group concerned or where it has reason to

believe that the criteria set out in paragraph 3 are no longer fulfilled. **The Commission shall**

**set a deadline, appropriate for the product group in question, for the submission of such**

**a revised and updated version.**

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5. Once a self-regulation measure has been listed in an implementing act adopted pursuant to

paragraph 3, ~~second~~ **third** subparagraph, the signatories of that measure shall report to the

Commission, at regular intervals set out in that implementing act, on the progress towards

achieving the objectives of the self-regulation measures and to demonstrate that the criteria set

in paragraph 3, points (a) to (e), remain fulfilled. Those reports shall also be made available

on a publicly **and freely** accessible website.

6. Where the Commission considers ~~, based on information received pursuant to paragraphs 4 or~~

~~5,~~ that a self-regulation measure **listed in an implementing act adopted pursuant to**

**paragraph 3, third subparagraph,** no longer fulfils the criteria set out in paragraph 3 **or**

**-**
**where the signatories of the self** **regulation measure concerned did not met the deadline**

**referred to in paragraph 4**, it shall delete it from the list referred to in that paragraph. In

such cases, the Commission may decide to adopt ecodesign requirements applicable to the

product covered by that self-regulation measure. **The list shall be updated in accordance**

**with the examination procedure referred to in Article 67(3).**

_Article 19_

_Micro, small and medium-sized enterprises_

1. In the context of programmes from which SMEs can benefit, the Commission shall ~~take into~~

~~account~~ **make sure there are** initiatives which help SMEs to integrate environmental

sustainability ~~aspects~~ including energy efficiency in their value chain.

2. When adopting delegated acts pursuant to Article 4 the Commission shall ~~, where appropriate,~~

accompany those acts with guidelines **and digital tools, for example for life cycle analysis**

**calculation,** covering specificities of SMEs active in the product or product group sector

affected for facilitating the application of this Regulation by SMEs. **The Commission shall**

**provide specific support for SMEs for the implementation of requirements regarding**

**product passports.**

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3. Member States shall take appropriate measures to help SMEs apply ecodesign requirements

set out in delegated acts adopted pursuant to Article 4.

Those measures shall at least include ensuring the availability of one-stop shops or similar

mechanisms to raise awareness and create networking opportunities for SMEs to adapt to

requirements. **The Commission shall provide support in the implementation of those**

**measures.**

In addition, without prejudice to applicable State aid rules, such measures may include:

(a) financial support, including by giving fiscal advantages and providing physical and

digital infrastructure investments;

(b) access to finance;

(c) specialised management and staff training;

(d) organisational and technical assistance.

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## **Chapter VI - Destruction of unsold consumer products**

**SECTION I – GENERAL**

_**Article 20aa**_

_**General principle to prevent discarding**_

**Economic operators shall take necessary measures which can reasonably be expected to**

**prevent the need to discard unsold consumer products that are fit for use.**

**SECTION 2 – TRANSPARENCY**

_Article 20_

_**Disclosure of information on**_ ~~_Destruction of_~~ _unsold consumer products_

1. An economic operator that discards unsold consumer products directly, ~~or on behalf of~~

~~another economic operator,~~ **or has unsold consumer products discarded on their behalf**,

shall disclose:

(a) the number **and weight** of unsold consumer products discarded per year, differentiated

per type or category of products ~~;~~

(b) the reasons for the discarding of products **, and where applicable, the relevant**

**exemption according to Article 20c (5)** ;

(c) the **proportion of the** delivery of discarded products **, whether directly or through a**

**third party,** to **each of the following activities:** preparing for re-use, remanufacturing,

recycling, **other recovery, for example,** energy recovery and disposal operations in

accordance with the waste hierarchy as defined by Article 4 of Directive 2008/98/EC;

**(d) measures aimed at preventing the destruction of unsold consumer products.**

**-**
**Unsold consumer products that have become non** **compliant with national or EU**

**legislation after being placed on the market or put into service due to the coming into**

**force of new or changed legislation, are exempted from the requirements in paragraph**

**1.**

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The economic operator shall disclose that information ~~on a freely~~ **at least** **on an easily**

accessible **page of their** website ~~or otherwise make it publicly available, until a delegated act~~

~~adopted pursuant to paragraph 3 starts applying to the category of unsold consumer products~~

~~discarded by the operator in question~~ . **Economic operators that are subject to the**

**obligation to publish the sustainability reporting in their management report pursuant**

**to Articles 19a or 29a of Directive 2013/34/EU may, as an alternative to disclosure on**

**their website, include the information referred to above in that sustainability reporting**

**[, provided such information is covered by the sustainability reporting standards**

**adopted pursuant to Article 29b of that Directive].**

**The information shall be disclosed on an annual basis and shall cover the unsold**

**consumer products discarded during the previous financial year. The information for**

**each year shall be public** ~~**all**~~ **y available for a period of 5 years. The first disclosure shall**

**cover unsold consumer products discarded during the first full financial year of this**

**regulation being in force.**

**With the exception of when the information is available to the national authority on the**

**basis of another legal act, the economic operator shall, upon request from the**

**Commission or a competent national authority, provide all the information and**

**documentation necessary to demonstrate the delivery and reception of the discarded**

**products as disclosed pursuant to paragraph 1(c), where requested, information about**

**the applicability of an exemption from a prohibition against destruction pursuant to**

**Article 20c (5). Such information and documentation shall be provided in paper or**

**electronic form within 30 days of receipt of the request.**

**1a.** **The obligation in paragraph 1 of this Article shall not apply to SMEs. However, the**

**-**
**obligation shall apply to medium** **sized enterprises from [OJ note: 4 years after entry**

**into force of this Regulation].**

2. The Commission **shall** ~~may~~ adopt implementing acts setting out the **details and** format,

**including the delimitation of product types or categories and how the information is to**

**be verified, with consideration given to the need to protect sensitive information and**

**trade secrets,** for the disclosure of the information referred to in paragraph 1 ~~,~~ **points a, b and**

**c** **by economic operators not disclosing them in their management report as referred to**

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**in paragraph 1, fourth subparagraph.** ~~including the type or category and how the~~

~~information is to be verified.~~

**The first implementing act shall be adopted no later than [OJ note: 12 months after**

**entry into force of this Regulation].**

Those implementing acts shall be adopted in accordance with the examination procedure

referred to in Article 67(3).

~~3.~~ ~~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 in the Union,~~ ~~where the destruction of unsold consumer products~~

~~falling within a certain product group has significant environmental impact.~~

~~In the delegated acts adopted pursuant to the first subparagraph, the Commission shall set~~

~~out certain exemptions to those prohibitions where it is appropriate in view of:~~

~~(a)~~ ~~health and safety concerns;~~

~~(b)~~ ~~damage to products as a result of their handling or detected after a product has~~

~~been returned by a consumer;~~

~~(c)~~ ~~fitness of the product for the purpose for which it is intended, taking into account,~~

~~where applicable, Union and national law and technical standards;~~

~~(d)~~ ~~refusal of products for donation, preparing for re-use or remanufacturing.~~

~~4.~~ ~~When preparing a delegated~~ ~~act adopted pursuant to~~ ~~paragraph 3, the Commission shall:~~

~~(a)~~ ~~assess the prevalence and environmental impact of the destruction of specific consumer~~

~~products;~~

~~(b)~~ ~~take into account the information disclosed by economic operators pursuant to~~

~~paragraph 1;~~

~~(c)~~ ~~carry out an impact assessment based on best available evidence and analyses, and on~~

~~additional studies as necessary.~~

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~~The Commission shall consult the Ecodesign Forum referred to in Article 17, and take~~

~~account of its views on possible prohibitions of destruction of unsold consumer products~~

~~referred to in paragraph 3, prior to the preparation of the delegated acts setting out those~~

~~prohibitions.~~

~~5~~ ~~**.**~~ ~~Where unsold consumer products are destroyed under an exemption referred to in paragraph~~

~~3, second subparagraph, the responsible economic operator shall disclose on a freely~~

~~accessible website or otherwise make publicly available:~~

~~(a)~~ ~~the number of unsold consumer products destroyed;~~

~~(b)~~ ~~the reasons for their destruction, 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 and format for the disclosure of information provided in the implementing act~~

~~adopted pursuant to paragraph 2.~~ ~~shall apply to the information to be disclosed pursuant to~~

~~this paragraph, unless the delegated act adopted pursuant to paragraph 3 provides otherwise~~ .

~~6.~~ ~~This Article shall not apply to SMEs.~~

~~However, the Commission may, in the delegated acts adopted pursuant to paragraph 3,~~

~~provide that the prohibition to destroy unsold consumer products referred to in paragraph 3 or~~

~~the disclosure obligation referred to in paragraph 4 shall apply to:~~

~~(a) medium-sized enterprises, where there is sufficient evidence that they account for a~~

~~substantial proportion of unsold consumer products being destroyed;~~

~~(b) microenterprises, small enterprises or medium-sized enterprises, where there is sufficient~~

~~evidence that they may be used to circumvent the prohibition to destroy unsold consumer~~

~~products referred to in paragraph 3 or the disclosure obligation referred to in paragraph 4.~~

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**SECTION 3 - PROHIBITION**

_**Article 20b**_

_**Prohibition against the destruction of unsold consumer products that are apparel or clothing**_

_**accessories**_

**1.** **From [OJ note: 36 months after entry into force of this Regulation], destruction of**

**unsold consumer products that are apparel or clothing accessories, listed in Chapters 61**

**and 62 of the TARIC established in Council Regulation (EEC) No 2658/87** **[68]** **, is**

**prohibited.**

**2.** **The Commission shall by [OJ note: 18 months after entry into force of this Regulation]**

**adopt implementing acts specifying the relevant exemptions from the prohibition against**

**destruction of unsold consumer products that are apparel or clothing accessories based**

**on the principles laid down in Article 20c paragraph 4 and on the justifications laid**

**down in Article 20c paragraph 5.**

**Those implementing acts shall be adopted in accordance with the examination**

**procedure referred to in Article 67(3).**

**3.** **Paragraph 1 shall not apply to SMEs. However, it shall apply to medium-sized**

**enterprises from [OJ note: 4 years after entry into force of this Regulation].**

_**Article 20c**_

_**Empowerment to the Commission to adopt implementing acts setting out prohibitions against**_

_**destruction of unsold consumer products**_

**1.** **Notwithstanding Article 20b, the Commission shall be empowered to adopt**

**implementing acts setting out prohibitions against destruction of unsold consumer**

**products by economic operators when the following criteria are fulfilled:**

**(a) destruction of the type of unsold consumer products has a negative environmental**

**impact;**

**(b) a prohibition would not lead to significant disproportionate administrative burden.**

**68** Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the
Common Customs Tariff (OJ L 256, 7.9.1987, p. 1).

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**Those implementing acts shall be adopted in accordance with the examination**

**procedure referred to in Article 67(3).**

**2.** **The implementing acts shall specify:**

**(a) the type of unsold consumer products that shall fall into the scope of the act,**

**ensuring products are not treated in a discriminatory manner;**

**(b) the applicable exemptions;**

**(c) the details and format of the reporting obligation of economic operators when**

**destroying unsold consumer products under an exemption;**

**(d) the date of application, and where appropriate, any tiered or transitional measures**

**or periods. Such dates shall be fixed taking account, in particular, possible impacts**

**on SMEs.**

**3.** **When preparing an implementing act referred to in paragraph 1, the Commission shall:**

**(a) carry out an impact assessment based on best available evidence and analyses, and**

**on additional studies as necessary;**

**(b) carry out appropriate consultation with stakeholders, the Ecodesign Forum**

**referred to in Article 17 and the Ecodesign Expert Group referred to in Article**

**17a;**

**4.** **Exemptions from the prohibition shall respect the following principles:**

**(a)** **The exemption shall apply to all or part of the prohibition;**

**(b)** **The exemption shall be adapted to the specificities of the type of unsold consumer**

**products in the scope;**

**(c)** **The exemption shall apply for a limited or unlimited time.**

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**5.** **The exemptions shall not constitute a means of arbitrary discrimination and shall be**

**based on one of the following justifications:**

**a)** **health and safety reasons;**

**b)** **the products are damaged as a result of their handling or detected after a product**

**has been returned by a consumer, despite the measures taken in accordance with**

**Article 20aa;**

**c)** **fitness of the product for the purpose for which it is intended, taking into account,**

**where applicable, Union and national law and technical standards;**

**-**
**d)** **refusal of products for donation, preparing for re** **use or remanufacturing;**

**-**
**e)** **products which are illegal under national or Union law including non** **compliant**

**products, counterfeit products, or products rendered unsellable due to**

**infringement of intellectual property rights;**

**f)** **products exceeding their expiry date;**

**g)** **products for which destruction is the option with the least negative environmental**

**impact.**

**6.** **This Article shall not apply to SMEs. However, it shall apply to medium-sized**

**enterprises from [OJ note: 4 years after entry into force of this Regulation] including**

**implementing acts already adopted in accordance with paragraph 1 of this Article.**

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_**Article 20d**_

_**Prioritisation of unsold consumer products for setting a prohibition against destruction**_

**1.** **The Commission shall, no later than [** _**OJ note:**_ **24 months after entry into force of this**

**Regulation] and once every 36 months thereafter, publish a list of products for which it**

**intends to carry out impact assessments under Article 20c and proposed timelines,**

**taking into account:**

**(a)** **the prevalence of the destruction of specific consumer products;**

**(b)** **comparative environmental impact resulting from such destruction;**

**(c)** **the information available including the information disclosed by economic**

**operators pursuant to Article 20.**

**2.** **The Commission shall, when carrying out an impact assessment as referred to in Article**

**5(4), assess whether a prohibition against destruction of the relevant product group**

**should be established, pursuant to Article 20c.**

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## **Chapter VII - Obligations of economic operators**

_Article 21_

_Obligations of manufacturers_

1. When placing products covered by a delegated act adopted pursuant to Article 4 on the market

or putting them into service, manufacturers shall ensure that :

(a) those products have been designed and manufactured in accordance with the

requirements set out in ~~Article 6 and~~ the delegated acts adopted pursuant to Article 4;

(b) those products are accompanied by the information required b ~~y~~ ~~the~~ Article 7 and the

delegated acts adopted pursuant to Article 4 **and;**

(c) a product passport is available in accordance with Article 8 and the delegated acts

adopted pursuant to Article 4.

2. Before placing a product covered by a delegated act adopted pursuant to Article 4 on the

market or putting it into service, manufacturers shall carry out the conformity assessment

procedure specified in the delegated acts adopted pursuant to Article 4 ~~and draw up the~~

~~required technical documentation~~, or have it carried out on their behalf **, and draw up the**

**required technical documentation** .

Where compliance of a product covered by a delegated act adopted pursuant to Article 4 with

the applicable requirements has been demonstrated by that procedure, manufacturers shall

draw up an EU declaration of conformity in accordance with Article 37 and affix the CE

marking in accordance with Article 39. However, where the Commission has specified

alternative rules pursuant to Article 4, third subparagraph, point ( **c** ~~f~~ ), the manufacturer shall

~~draw up a conformity declaration and~~ affix conformity marking in accordance with those

rules.

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3. Manufacturers shall keep the technical documentation and the EU declaration of conformity

for 10 years after ~~the~~ **a** product **covered by a delegated act adopted pursuant to Article 4**

has been placed on the market or put into service **unless a different period has been**

**specified in that delegated** **act** . ~~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 or~~

~~requirements concerned.~~

4. Manufacturers shall ensure that procedures are in place **for products covered by a delegated**

**act adopted pursuant to Article 4 which are part of a** ~~for~~ series production to remain in

conformity with the applicable requirements. Changes in the production process, product

design or in characteristics, as well as changes in harmonised standards, common

specifications or other technical specifications by reference to which product conformity is

declared or by application of which its conformity is verified, shall be adequately taken into

account by manufacturers and, in case they found that the product’s conformity is affected,

manufacturers shall carry out a re-assessment in accordance with the **applicable** conformity

assessment procedure ~~specified in the delegated acts adopted pursuant to Article 4~~, or have it

carried out on their behalf **.**

5. Manufacturers shall ensure that their products **covered by a delegated** **act adopted pursuant**

**to Article 4** bear a type, batch or serial number or other element allowing their identification,

or, where the size or nature of the product does not allow so, that the required information is

provided on the packaging or in a document accompanying the product.

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6. Manufacturers shall ~~indicate, on the~~ **for** product **s covered by a delegated act adopted**

**pursuant to Article 4, indicate** their name, registered trade name or registered trade mark **,**

~~and the~~ postal address and ~~, where available,~~ electronic means of communication, where they

can be contacted **:**

**a)** **on the public part of the product passport, when applicable, and**

**b)** **on the product** or, where this is not possible, on its packaging, **or** in a document

accompanying the product ~~or, where available, in a product passport.~~

The address shall indicate a single point where the manufacturer can be contacted. The

contact details shall be clear, understandable and legible.

7. Manufacturers shall ensure that ~~**that**~~ a product covered by a delegated act adopted pursuant to

Article 4 is accompanied by instructions that enable **customers** **and other relevant actors**

~~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 **set out in Article 7(2), point**

**(b), point (ii)** specified in the delegated acts adopted pursuant to Article 4 ~~and pursuant to~~

~~Article 7(2)(b), point (ii)~~ .

8. Manufacturers who consider or have reason to believe that a product covered by a delegated

act adopted pursuant to Article 4 that they have ~~been~~ placed on the market or put into service

is not in conformity with the requirements set out in ~~those~~ **that** delegated act ~~**s**~~ shall

immediately take the necessary corrective ~~measures~~ **action** to bring that product into

conformity, ~~to~~ ~~w~~ ithdraw ~~it~~ **that product** or recall it, ~~if~~ **as** appropriate.

Manufacturer **s** shall immediately inform the market surveillance authorities of the Member

States in which they made the product available **or put it into service** of the suspected non

compliance and of any corrective ~~measures~~ **action** taken.

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9. Manufacturers shall, **for products covered by a delegated** **act adopted pursuant to Article**

**4,** further to a reasoned request from a competent national authority, provide all the

information and documentation necessary to demonstrate the conformity of ~~the~~ **those**

product **s**, 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~~ within 10 days of receipt of

a request by a competent national authority.

Manufacturers shall cooperate with the competent national authorit ~~y~~ ~~**,**~~ on any action taken to

remedy any case of non-compliance with the requirements set out in a delegated act adopted

pursuant to Article 4 by which the product in question is covered.

_Article 22_

_Authorised representatives_

1. A manufacturer may, by a written mandate, appoint an authorised representative.

The obligations laid down in Article 21(1) and the drawing up of technical documentation

shall not form part of the authorised representative’s mandate.

2. An authorised representative shall perform the tasks specified in the mandate received from

the manufacturer. The mandate shall allow the authorised representative to do at least the

following:

(a) keep the EU declaration of conformity and technical documentation at the disposal of

the national market surveillance authorities for 10 years after a product covered by a

delegated act adopted pursuant to Article 4 has been placed on the market or put into

service **unless a different period has been specified in that delegated act** ;

(b) cooperate with the competent national authorities, at their request, on any measures

taken with regard to non-compliances of the product covered by the authorised

representative’s mandate;

(c) further to a reasoned request from a competent national authority, provide that authority

with all the information and documentation necessary to demonstrate the conformity of

a product in a language that can be easily understood by that authority;

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(d) further to a request from a competent national authority, ~~make available~~ **provide**

relevant documents within 10 days of the receipt of such a request **and** ;

(e) terminate the mandate if the manufacturer acts contrary to its obligations under this

Regulation ~~and the delegated act adopted pursuant to Article 4.~~

_Article 23_

_Obligations of importers_

1. Importers shall ~~only place on the market~~ **, with regard to** products covered by a delegated act

adopted pursuant to Article 4 **, only place on the market products** that comply with the

requirements set out in the applicable delegated acts.

2. Before placing a product covered by a delegated act adopted pursuant to Article 4 on the

market, importers shall ensure that:

(a) the appropriate conformity assessment procedure has been carried out by the

manufacturer and that the manufacturer has drawn up the technical documentation;

(b) products are accompanied by the information required by ~~the Article 7 and~~ the

delegated acts adopted pursuant to Article 4;

(c) a product passport is available in accordance with ~~Article 8 and~~ the delegated acts

adopted pursuant to Article 4.

The importer shall further ensure that ~~the~~ **a** product **covered by a delegated act adopted**

**pursuant to Article 4** bears the required CE marking referred to in Article 38 **, where**

**applicable, in accordance with the rules and conditions referred to in Article** **39**, or the

alternative conformity marking as laid down in a delegated act adopted pursuant to Article 4,

third subparagraph, point ( ~~**c**~~ ~~f)~~, and is accompanied by the required documents, and that the

manufacturer has complied with the requirements set out in Article 21(5) and (6).

Where importers consider or have reason to believe that a product is not in conformity with

the requirements set out in the applicable delegated acts adopted pursuant to Article 4, they

shall not place the product on the market or put it into service until it has been brought into

conformity.

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3. Importers shall ~~indicate on the product~~, **for products** **covered by a delegated act adopted**

**pursuant to Article 4, indicate** their name, registered trade name or registered trade mark,

~~and the~~ postal address and ~~, where available,~~ electronic means of communication, where they

can be contacted **:**

**a)** **on the public part of the product passport, when applicable, and**

**b)** **on the product** or, where this is not possible, on the packaging, **or** in a document

accompanying the product ~~or, where available, in a product passport.~~

The contact details shall be clear, understandable and legible.

4. Importers shall ensure that ~~the~~ **a** product **covered by a delegated act adopted pursuant to**

**Article 4** is accompanied by instructions that enable the **customer and other relevant actors**

~~consumer~~ 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 shall include at least the information **set out in Article 7(2), point (b), point**

**(ii), as** specified in the delegated acts adopted pursuant to Article 4.

5. Importers shall ensure that, while a product is under their responsibility, storage or transport

conditions do not jeopardise its compliance with the requirements set out in a delegated act

adopted pursuant to Article 4 by which it is covered.

6. 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 **delegated** act shall immediately take the

**necessary** corrective ~~measures necessary~~ **action** to bring that product into conformity, ~~to~~

withdraw ~~it~~ **that product** or recall it, ~~if~~ ~~**a**~~ **s** appropriate.

Importers shall immediately inform the market surveillance authorities of the Member States

in which they made the product available of the suspected non-compliance and of any

corrective ~~measures~~ **action** taken.

7. Importers shall ~~, for 10 years or the period specified by a delegated act adopted pursuant to~~

~~Article 4,~~ keep a copy of the EU declaration of conformity at the disposal of the market

surveillance authorities and ensure that the technical documentation can be made available to

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those authorities, upon request **, for 10 years after a product covered by a delegated act**

**adopted pursuant to Article 4 has been placed on the market or put into service, unless a**

**different period has been specified in that delegated act** .

8. 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 **covered by a delegated act adopted pursuant to Article 4**, 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~~ within 10 days of receipt of a request by the competent

**national** authority ~~of a Member State~~ .

Importers shall cooperate with the competent national authority on any action taken to remedy

any case of non-compliance with the requirements set out in a delegated act adopted pursuant

to Article 4 by which the product in question is covered.

_Article 24_

_Obligations of distributors_

1. When making a product covered by a delegated act adopted pursuant to Article 4 available on

the market, distributors shall act with due care in relation to the requirements set out in that

act.

2. Before making a product covered by a delegated act adopted pursuant to Article 4 available

on the market, distributors shall verify that ~~the following:~~

(a) the product bears the CE marking in accordance with Articles 38 and 39 or ~~alternative~~

**the** conformity marking adopted ~~pursuant to~~ **in accordance with** Article 4, third

subparagraph, point ( ~~**c**~~ ~~f)~~, and, where relevant, is labelled or is linked to a product

passport in accordance with that delegated acts;

(b) the product is accompanied by the required documents and by instructions ~~, to~~ **that**

enable the **customer** ~~consumer~~ to **safely** assemble, install, operate, store, maintain,

**repair** and dispose of the product, in a language that can be easily understood by

**customers** ~~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),

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point (b), point (ii), as ~~laid down~~ **specified** in the delegated act adopted pursuant to

Article 4 **and** ;

(c) the manufacturer and the importer have complied with the requirements set out in

Article 21(5) and (6) and Article 23(3).

3. Where a distributor considers or has reason to believe that a product, before making it

available on the market, or its manufacturer is not complying with the requirements set out in

a delegated act adopted pursuant to Article 4, they shall not make the product available on the

market until the product has been brought into conformity or the manufacturer complies.

Distributors shall ensure that, while a product is under their responsibility, storage or transport

conditions do not jeopardise its compliance with the requirements set out ~~in~~ in the delegated

act adopted pursuant to Article 4.

4. Distributors who consider or have reason to believe that a product which they have made

available on the market is not in conformity with the requirements set out in a delegated act

adopted pursuant to Article 4 shall make sure that the **necessary** corrective ~~measures~~

~~necessary~~ **action** to bring that product into conformity **is taken** ~~, to withdraw it or recall it, if~~

~~appropriate, are taken~~ .

Distributors shall immediately inform the market surveillance authorities of the Member

States in which they made the product available of the suspected non-compliance and of any

corrective ~~measures~~ **action** taken.

5. Distributors shall, further to a reasoned request from a competent national authority, provide

the authority with all the information and documentation to which they have access and that is

relevant for demonstrating the conformity of a product. That information and documentation

shall be provided in ~~either~~ paper or electronic form **, within 10 days of receipt of a request**

**by a competent national authority.**

Distributors shall cooperate with that authority on any corrective action taken to remedy any

case of non-compliance with a delegated act adopted pursuant to Article 4 by which the

product in question is covered.

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_Article 25_

_Obligations of dealers_

1. Dealers shall ensure that their **potential customers and** customers have access to any relevant

information **accompanying the** **products, as** required by the delegated acts adopted pursuant

to Article 4, including in case of distance selling.

2. Dealers shall ensure that the product passport is easily accessible to **potential customers and**

customers, including in case of distance selling, as **set out** ~~specified~~ in Article 8 **(2), point (e),**

and **specified in the** delegated acts adopted pursuant to Article 4 by which the product is

covered.

3. Dealers shall **, including in case of distance selling** :

(a) display to **potential customers and** customers, in a visible manner, ~~including for online~~

~~distance selling,~~ labels provided in accordance with Article 26( **1), point (b)** ~~2)~~ or **26(1),**

**point (c** ~~**)**~~ ~~(3);~~ ~~**) a**~~ **nd;**

(b) make reference to the information included in labels provided in accordance with

Article 26( **1), point (b)** ~~2)~~ or **26(1), point (c)** ~~(3)~~ in visual advertisements or in technical

promotional material for a specific model, in accordance with delegated acts adopted

pursuant to Article 4 by which the product is covered **and** ;

(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 **.**

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_Article 26_

_Obligations related to labels_

1. Where a delegated act adopted pursuant to Article 4 requires products to have a label as

referred to in Article 14, the economic operator placing the product on the market or putting it

into service shall **:**

**a)** ensure that products are accompanied, for each individual unit and free of charge, by

printed labels in accordance with that delegated act.

~~2.~~ ~~Where a delegated act adopted pursuant to Article 4 requires products to have a label as~~

~~referred to in Article 14, the economic operator placing the product on the market or putting it~~

~~into service shall~~

**b)** ~~deliver~~ **provide** printed labels or digital copies of the label to the dealer free of charge,

promptly and in any event within 5 working days of the dealer’s request **;**

~~3.~~ ~~Where a delegated act adopted pursuant to Article 4 requires products to have a label as~~

~~referred to in Article 14, the economic operator placing the product on the market or putting it~~

~~into service shall~~

**c)** ensure that its labels are accurate and shall, as part of the applicable conformity

assessment procedure, produce technical documentation sufficient to enable the

accuracy to be assessed.

~~4.~~ ~~Where a delegated act adopted pursuant to Article 4 requires products to have a label as~~

~~referred to in Article 14, the economic operator placing the product on the market or putting it~~

~~into service shall:~~

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**2.** **Where a delegated act adopted pursuant to Article 4 requires products to have a label as**

**referred to in Article 14, the economic operator making the product available or putting**

**it into service shall:**

**a)** make reference to the information included in the label, in visual advertisements or in

technical promotional material for a specific model in accordance with the relevant

delegated act adopted pursuant to Article 4;

**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.

_Article 27_

_Obligations of fulfilment service providers_

Fulfilment service providers shall ensure that, for products that they handle that are covered by a

delegated act adopted pursuant to Article 4, the conditions during warehousing, packaging,

addressing or dispatching ~~**,**~~ do not jeopardise the products’ compliance with ~~the requirements set out~~

~~in~~ that delegated act **.**

_Article 28_

_Cases in which obligations of manufacturers apply to importers and distributors_

An importer or distributor shall be considered a manufacturer for the purposes of this Regulation

~~and shall be subject to the obligations of a manufacturer under Article 21,~~ where they:

(1) place a product covered by a delegated act adopted pursuant to Article 4 on the market under

their name or trademark **or** ;

(2) modify ~~such~~ a product already placed on the market in a way that affects compliance with the

requirements set out in delegated acts adopted pursuant to Article 4 by which the product is

covered.

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_Article 29_

_Obligations of online marketplaces and online search engines_

1. The cooperation referred to in Article 7(2) of Regulation (EU) 2019/1020 shall, with regard to

**the providers of** online marketplaces and for the purposes of this Regulation, include in

particular:

(a) cooperating to ensure effective market surveillance measures, including by abstaining

from putting in place obstacles to such measures;

**-**
(b) informing the market surveillance authorities of any action taken **with regard to non**

**-**
**compliance or suspected non** **compliance concerning products covered by a**

**delegated act adopted pursuant to Article 4** ;

(c) establishing a regular and structured exchange of information on ~~offers~~ **content** that

~~have~~ **has** been removed ~~on the basis of this Article~~ by online marketplaces **as referred**

**to in paragraph 3** ;

(d) allowing online tools operated by market surveillance authorities to access their

interfaces in order to identify non-compliant products **and** ;

(e) upon request of the market surveillance authorities, when online marketplaces **,** or online

sellers have put in place technical obstacles to the extraction of data from their online

interfaces, allowing those authorities to scrape such data for product compliance

purposes based on the identification parameters provided by the requesting market

surveillance authorities.

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2. For the purpose of the requirements of ~~[Article 22(7)]~~ **Article 31(1)** of Regulation (EU)

**2022/2065** ~~[the Digital Services Act]~~, online marketplaces shall design and organise their

online interface in a way that enables dealers to fulfil their obligations set out in Article 25 **of**

**this Regulation** and allows economic operators to fulfil their obligations under Article 30(1)

of this Regulation.

The information shall ~~be able to~~ be provided for each product offered and displayed or

otherwise made easily accessible ~~by~~ **for** customers on the product listing.

In particular, where delegated acts adopted pursuant to Article 4 require online visual

advertising for certain products to be accompanied by online electronic information to be

displayed on the display mechanism, online marketplaces shall enable dealers to show it. This

obligation shall also apply to online search engines and other online platforms that provide

online visual advertising for the products concerned.

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, for all products covered by a relevant delegated act adopted pursuant to

Article 4, to order an online marketplace to ~~remove~~ **act against one or more** specific **items of**

~~illegal c~~ ontent referring to a non-compliant product **, including by removing it. Such content**

**shall be considered as illegal content** **within the meaning of Article 3, point (h) of**

**Regulation (EU) 2022/2065.** ~~from its online interface, disable access to it or display an~~

~~explicit warning to end-users when they access it.~~ **Market surveillance authorities may, in**

**accordance with Article 9 of Regulation (EU) 2022/2065, issue s** ~~Su~~ ch orders ~~shall comply~~

~~with [Article 8(1)] of Regulation (EU) [the Digital Services Act].~~

4. ~~Online marketplaces shall take the necessary measures to receive and process the orders~~

~~referred to in paragraph 2 in accordance with [Article 8] of Regulation (EU) …/… [the Digital~~

~~Services Act].~~

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5. Online marketplaces shall establish 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~~ .

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 10(1)]~~ **Article**

**11(1)** of Regulation (EU) **2022/2065** ~~[the Digital Services Act]~~ .

_Article 30_

_Information obligations of economic operators_

1. ~~Where products~~ **When making a product covered by a delegated act adopted pursuant to**

**Article 4** ~~are made~~ available on the market ~~online or~~ through ~~other means of~~ distance **selling,**

~~sales by the relevant~~ economic operators ~~, the relevant product offer~~ shall **ensure that the**

**product offer** clearly and visibly provide **s** at least the following information:

(a) the name, registered trade name or registered trade mark of the manufacturer, as well as

the postal ~~or~~ **and** ~~electronic~~ **email** address where they can be contacted;

(b) in case the manufacturer is not established in the Union, the name, **postal** address,

telephone number and email address of the economic operator established in the Union

within the meaning of Article 4 **(2)** of Regulation (EU) 2019/1020 **, and** ;

(c) information to identify the product, including its type and ~~, where available, batch or~~

~~serial number and any other~~ **a** product identifier.

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2. Economic operators shall, upon **reasoned** request, provide the market surveillance authorities

with:

(a) the name of any economic operator who has supplied them with a product falling within

the scope of a delegated act adopted pursuant to Article 4;

(b) any economic operator to whom they have supplied such products, as well as the

quantities and exact models.

Economic operators shall be able to provide this information for 10 years after they have been

supplied with the relevant products and for 10 years after they have supplied such products

**unless a different period has been specified in that delegated act. That information shall**

**be provided in paper or electronic form within 10 days of receipt of a request by the**

**market surveillance authority.** ~~When adopting delegated acts pursuant to Article 4, the~~

~~Commission may specify a period of more or less than 10 years to take account of the nature~~

~~of the relevant products or requirements.~~

3. When requiring 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:

(a) the need to facilitate the verification of compliance with the applicable requirements by

market surveillance authorities;

(b) the need to avoid disproportionate administrative burden for economic operators **, in**

**particular for SMEs, and** ;

**(c)** **the need to protect the economic operators’ trade secrets and intellectual property**

**rights.**

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The Commission shall specify the manner in which the relevant parts of the technical

documentation ~~shall~~ **are to** be made available **in the relevant implementing act** . ~~Where~~

~~available, t~~ ~~**T**~~ echnical documentation shall be made available through the product passport **,**

**where available** .

_Article 31_

_Monitoring and reporting_ _**of in-use data by**_ ~~_obligations of_~~ _economic operators_

~~1.~~ ~~When requiring manufacturers, their authorised representatives or importers to make available~~

~~to the Commission, information on the quantities of a product covered by delegated acts~~

~~adopted pursuant to Article 4, third subparagraph, point (b), the Commission shall take into~~

~~account the following criteria:~~

~~(a)~~ ~~the availability of evidence on the market penetrations of the relevant product in order~~

~~to facilitate the review of delegated acts adopted pursuant to Article 4 applicable to that~~

~~product;~~

~~(b)~~ ~~the need to avoid disproportionate administrative burden for economic operators.~~

~~The Commission shall specify the period of time to which the information referred to in the~~

~~first subparagraph shall relate. That information shall be differentiated per product model.~~

~~The Commission shall ensure that the resulting data is processed securely and in compliance~~

~~with Union law.~~

~~The Commission shall specify in those delegated acts the means through which the relevant~~

~~information shall be made available and its periodicity.~~

**1a.** **The Commission shall, as appropriate to the product group concerned, require products**

**to measure and report in-use-data in accordance with paragraph 2 and 3 when this is**

**-**
**necessary to ensure energy** **efficient usage of products or to develop new product**

**ecodesign requirements.**

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2. When requiring a product to be able to measure the energy it consumes or its performance in

relation to other relevant product parameters referred to in Annex I while in use, pursuant to

Article 4, third subparagraph, point ( ~~c~~ ~~**b**~~ **(i)** ), the Commission shall take into account the

following criteria:

(a) the usefulness of in-use data for **customers** ~~end-users~~ to understand and manage the

energy use or performance of the product;

(b) the technical feasibility of recording in-use data **and** ;

(c) the need to avoid disproportionate administrative burden for economic operators ~~.~~ ~~**,**~~ **in**

**particular for SMEs.**

**(d)** **anonymisation of data, given the need to ensure privacy of data in line with the**

**Regulation [GDPR].**

Products covered by a requirement set pursuant to Article 4, third subparagraph, point (c),

shall **, when this is necessary and appropriate in line with the criteria in paragraph 2,**

record the resulting in-use data and make it visible to the **customer** ~~end-user~~ .

3. When requiring manufacturers, their authorised representatives or importers to collect,

anonymise ~~or~~ **and** report to the Commission in-use data referred to in paragraph 2, pursuant to

Article 4, third subparagraph, point ( ~~d~~ ~~**b**~~ **(ii)** ), the Commission shall take into account the

following criteria:

(a) the usefulness of in-use data for the Commission when reviewing ecodesign

requirements or assisting market surveillance authorities with statistical information for

their risk-based analysis **and** ;

(b) the need to avoid disproportionate administrative burden for economic operators **, in**

**particular for SMEs** .

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Such requirements referred to in the first subparagraph may in particular consist of:

~~(a)~~ ~~**(**~~ **i)** collecting **and anonymising** the in-use data if it can be accessed remotely via the

internet, unless the **customer** ~~end-user~~ expressly refuses to make that data available;

~~(b)~~ ~~**(**~~ **ii) after** anonymising the data collected under point (a) **,** ~~and report~~ ~~**r**~~ **eporting** it to the

Commission at least once a year. The economic operator shall include the product

database identification number of the model as referred to in Article 12(5) of Regulation

(EU) No 2017/1369 and, if relevant to their performance, **general** geographical

information on the products.

The Commission shall specify the details and format for reporting the **anonymised** in-use

data as referred to in the second subparagraph, point (b) **, in the relevant delegated act.**

4. The Commission shall periodically assess the in-use data received pursuant to paragraph 3

and shall, where appropriate, publish aggregated datasets.

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_**Article 31a**_

_**Requirements on supply chain actors**_

_**[The below text is the previous Article 5(6), amended and transformed into a separate Article]**_

**When specified in the delegated act adopted pursuant Article 4, supply chain actors shall:**

**(a)** **provide, upon request, manufacturers, notified bodies and competent national**

**authorities with available relevant information related to their supplies or services;**

**(b) allow, in the absence of information referred to in point (a), manufacturers to**

**assess their supplies or services and give access to relevant documents or facilities**

**to those manufacturers;**

**(c)** **enable notified bodies and competent national authorities to verify the correctness**

**of relevant information related to their activities.**

**-**
**The requirement under the first paragraph should be non** **discriminatory, not give raise to**

**disproportionate administrative burden and take into consideration economic actors**

**legitimate needs to protect trade secrets. The Commission shall, when establishing**

**requirements referred to in points (a) and (b) of paragraph 6, take into account the needs of**

**SMEs including SME’s difficulties in accessing information.**

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## **Chapter VIII - Conformity of products**

_Article 32_

_Test, measurement and calculation methods_

1. For the purposes of compliance and verification of compliance with ecodesign requirements,

tests, measurements and calculations shall be made using **harmonised standards or other**

reliable, accurate and reproducible methods that take into account the generally recognised

state-of-the art methods. Such methods shall fulfil the **requirements on** test, measurement

and calculation ~~requirements~~ **methods** set out in the relevant delegated acts adopted pursuant

to Article 4.

2. ~~Where necessary to ensure compliance with ecodesign requirements set out in delegated acts~~

~~adopted pursuant to Article 4, third subparagraph, point (e), the Commission may require the~~

~~use of online tools for the calculation of the performance of products in relation to the~~

~~relevant product parameter referred to in Annex I reflecting the applicable calculation~~

~~requirements.~~

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~~Where~~ **When** setting **the requirement to** ~~such requirements for the~~ use ~~of online~~ **digital** tools

**pursuant to Article 4, third subparagraph, point (** ~~e~~ ~~**b**~~ **(iii)),** the Commission shall take into

account the following criteria:

(a) the need to ensure the harmonised application of calculation requirements;

(b) the need to minimise administrative burden imposed on economic operators ~~complying~~

~~with the relevant requirements~~ .

Online tools shall be freely accessible for economic operators ~~complying with the relevant~~

~~requirements.~~

_Article 33_

_**Prevention of**_ ~~_**c**_~~ ~~_C_~~ _ircumvention_ _**and worsening of performance**_

- **1.** **An economic operator shall not engage in any behaviour that undermines the**

**compliance with this Regulation regardless of whether that behaviour is of a**

**contractual, commercial, technical or any other nature.**

1. Products falling within the scope of a delegated act adopted pursuant to Article 4 shall not be

placed on the market or put into service if they are designed to alter their behaviour or

properties when they are tested in order to reach a more favourable result for any of the

product parameters regulated in delegated acts adopted pursuant to Article 4 by which the

products are covered.

For the purposes of this paragraph, products designed to be able to detect they are being tested

and automatically alter their performance in response and products pre-set to alter their

performance at the time of testing shall constitute products designed to alter their behaviour or

properties when they are tested.

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2. Economic operators placing **on the market or putting into service** a product covered by a

delegated act adopted pursuant to Article 4 shall not prescribe instructions specific to testing

that alter the behaviour or the properties of products in order to reach a more favourable result

for any of the product parameters regulated in delegated acts adopted pursuant to Article 4 by

which the products are covered.

For the purposes of this paragraph, instructions leading to a manual alteration of the product

before a test that alters the performance of the product shall constitute instructions specific to

testing that alter the behaviour or the properties of products.

3. Products falling within the scope of a delegated act adopted pursuant to Article 4 shall not be

placed on the market or put into service if they are designed to alter their behaviour or

properties within a short period after putting the product into service leading to a worsening of

their 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 their functional~~

~~performance from the perspective of the user~~ .

4. Software or firmware updates shall not 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 **customer** ~~end-user~~ prior to the update. No ~~performance c~~ hange shall occur as a

result of rejecting the update.

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Software or firmware updates shall not **in any case** worsen performance referred to in the first

subparagraph to the extent that the product becomes non-compliant with the requirements set

out in delegated acts adopted pursuant to Article 4 applicable at the time of the placing on the

market or putting into service of the product.

_Article 34_

_Presumption of conformity_

1. Tests, measurement or calculation methods referred to in Article 32 which are in conformity

with harmonised standards or parts thereof, the references of which have been published in

_the Official Journal of the European Union_, shall be presumed to be in conformity with the

requirements set out in that Article and with test, measurement and calculation requirements

set out in delegated acts adopted pursuant to Article 4 to the extent that those requirements are

covered by such harmonised standards or parts thereof.

2. Products which are in conformity with harmonised standards or parts thereof, the references

of which have been published in the _Official Journal of the European_ _Union_ shall be

presumed to be in conformity with ecodesign requirements set out in delegated acts adopted

pursuant to Article 4 to the extent that those requirements are covered by such harmonised

standards or parts thereof.

3. Products covered by a delegated act adopted pursuant to Article 4, which have been awarded

the EU Ecolabel pursuant to Regulation (EC) No 66/2010 **or nationally, or regionally**

**officially recognised EN ISO 14024 type I environmental labels as referred to in that**

**Regulation,** shall be presumed to comply with the ecodesign requirements set out in that

delegated act in so far as **the criteria established by those labels are covered by and are at**

**least as strict as those requirements** ~~those requirements are covered by the EU Ecolabel~~

~~criteria~~ ~~established according to Article 16(2) of Regulation (EC) No 66/2010~~ .

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_Article 35_

_Common specifications_

1. The Commission may adopt implementing acts ~~laying down~~ **establishing** common

specifications **covering** ~~for~~ ecodesign requirements, the essential requirements for product

passports referred to in Article 10 or for test, measurement or calculation methods referred to

in Article 32, ~~in the following situations:~~ **for products covered by delegated acts adopted**

**pursuant to Article 4.**

**Those implementing acts shall only be adopted where the following conditions are**

**fulfilled:**

**(a)** **the Commission has requested, pursuant to Article 10(1) of Regulation (EU) No**

**1025/2012, one or more European standardisation organisations to draft a**

**harmonised standard** **for** ~~it has requested,~~ ~~one or more European standardisation~~

~~organisations to draft a harmonised standard in relation to~~ an ecodesign requirement ~~or~~ ~~**,**~~

**an essential requirement for product passports referred to in Article 10 of this**

**Regulation or for a test, measurement or calculation** method **referred to in Article**

**32 of this Regulation and** ~~that is not covered by a harmonised standard or part thereof,~~

~~the references of which have been published in the~~ ~~_Official Journal of the European_~~

~~_Union_~~ ~~and there are either undue delays in the standardisation procedure~~ ~~or the request~~

~~has not been accepted by any of the European standardisation organisations~~

**(i)** **the request has not been accepted, or**

**(ii)** **the harmonised standards addressing that request** **is not delivered within the**

**deadline set in accordance with Article 10(1) of Regulation 1025/2012, or**

**(iii) the harmonised standards do not comply with the request** ; **and**

**(b)** **no reference to harmonised standards for an ecodesign requirement or an essential**

**requirement for product passports referred to in Article 10 of this Regulation or**

**for a test, measurement or calculation method referred to in Article 32 of this**

**Regulation** ~~**method**~~ **is published in the** _**Official Journal of the European Union**_ **in**

**accordance with Regulation (EU) No 1025/2012 and no such reference is expected**

**to be published within a reasonable period;**

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~~(b)~~ ~~the Commission has decided in accordance with the procedure referred to in~~

~~Article 11(5) of Regulation (EU) No 1025/2012 to maintain with restriction or to~~

~~withdraw the references to the harmonised standards or parts thereof by which an~~

~~ecodesign requirements or method is covered.~~

Those implementing acts shall be adopted in accordance with the examination procedure

referred to in Article 67(3).

**1a.** **Before preparing a draft implementing act, the Commission shall inform the committee**

**referred to in Article 22 of Regulation EU (No) 1025/2012 that it considers that the**

**conditions in paragraph 1 of this article are fulfilled.**

**1b. When preparing the draft implementing act establishing the common specification, the**

**Commission shall take into account the views of relevant bodies or the Ecodesign Forum**

**and the Ecodesign Expert Group, and shall duly consult all relevant stakeholders.**

2. Test, measurement and calculation methods referred to in Article 32 which are in conformity

with common specification or parts thereof shall be presumed to be in conformity with the

requirements set out in that Article and with test, measurement and calculation requirements

set out in delegated acts adopted pursuant to Article 4 to the extent that those requirements are

covered by such common specification or parts thereof.

3. Products **within the scope of this Regulation which are in conformity with common**

**specifications established by implementing acts referred to in paragraph 1** ~~which are in~~

~~conformity with common specifications or parts thereof~~ shall be presumed to be in conformity

with ecodesign requirements **, the essential requirements for product passports referred to**

**in Article 10 or for test, measurement or calculation methods referred to in Article 32** set

out in the delegated act adopted pursuant to Article 4 by which those products are covered to

the extent that those requirements are covered **by** those common specifications or parts

thereof.

**4.** **Where a harmonised standard is adopted by an European standardisation organisation**

**and proposed to the Commission for the purpose of publishing its reference in the**

**Official Journal of the European Union, the Commission shall assess the harmonised**

**standard in accordance with Regulation (EU) No 1025/2012** _**.**_ **When references of a**

**harmonised standard are published in the** _**Official Journal of the European Union**_ **, the**

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**Commission shall repeal implementing acts referred to in paragraph 1, or parts thereof**

**which cover the same ecodesign requirements, essential requirements for product**

**passports and the test, measurement or calculation methods.**

**5.** **When a Member State considers that a common specification does not entirely satisfy**

**the ecodesign requirements, the essential requirements for product passports and the**

**test, measurement or calculation methods, it shall inform the Commission thereof by**

**submitting detailed explanation and the Commission shall assess that information and, if**

**appropriate, may amend the implementing act establishing the common specification in**

**question.**

_Article 36_

_Conformity assessment_

1. When specifying the applicable conformity assessment procedure pursuant to Article 4,

second subparagraph, the Commission shall consider the following criteria:

(a) whether the module concerned is appropriate to the type of product **, appropriate to the**

**relevant ecodesign requirements** and proportionate to the public interest pursued;

(b) the nature of the **risks entailed by the product and the extent to which conformity**

**assessment corresponds to the type and degree of risk,** ~~product parameters referred~~

~~to in Annex I on which the relevant ecodesign requirements are based, in particular~~

~~whether performance in relation to those product parameters can be verified on the~~

~~product itself;~~

(c) where third party involvement is mandatory, the need for the manufacturer to have a

choice between **the** ~~quality assurance and product certification~~ modules set out in

Annex II of Decision No 768/2008/EC.

2. ~~Where relevant, records~~ **Records** and correspondence relating to the conformity assessment

shall be drawn up in an official language of the Member State where a notified body involved

in a conformity assessment procedure referred to in paragraph 1 is established, or in a

language accepted by that body.

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_Article 37_

_EU declaration of conformity_

1. The EU declaration of conformity shall state that the fulfilment of ecodesign requirements

specified in the applicable delegated acts adopted pursuant to Article 4 **or according to**

**Article 34** has been demonstrated.

2. The EU declaration of conformity shall have the model structure set out in Annex V, shall

contain the elements specified in the applicable conformity assessment procedure and a

reference to the applicable delegated acts adopted pursuant to Article 4. It shall be

continuously updated. It shall be translated into the language or languages required by the

Member State in which the product is placed or made available **on the market** .

3. Where a product covered by a delegated act adopted pursuant to Article 4 is subject to more

than one Union act requiring an EU declaration of conformity, a single EU declaration of

conformity shall be drawn up in respect of all such Union acts. That declaration shall state the

Union acts concerned and their publication references. It ~~may be a dossier made up of~~

~~relevant individual EU declarations of conformity.~~

4. By drawing up the EU declaration of conformity, the manufacturer shall assume responsibility

for the compliance of the product.

_Article 38_

_General principles of the CE marking_

The CE marking shall be subject to the general principles set out in Article 30 of Regulation (EC)

No 765/2008.

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_Article 39_

_Rules and conditions for affixing the CE marking_

1. The CE marking shall be affixed visibly, legibly and indelibly to the product. Where that is

not possible or not warranted on account of the nature of the product, it shall be affixed to the

packaging and to the accompanying documents.

2. The CE marking shall be affixed before the product is placed on the market **or put into**

**service** .

3. For a product in the ~~conformity assessment~~ **production control phase** of which a notified

body participates, the CE marking shall be followed by the identification number of that

notified body.

The identification number of the notified body shall be affixed by the body itself or, under its

instructions, by the manufacturer or its authorised representative.

4. The CE marking and, where applicable, the identification number of the notified body may be

followed by a pictogram or other marking indicating a special risk or use.

5. Member States shall build upon existing mechanisms to ensure correct application of the

regime governing the CE marking and take appropriate action in the event of improper use of

the marking.

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_Article 40_

~~_Alternative conformity declarations and_~~ _**Specifying rules on**_ _markings_

When specifying ~~alternative~~ rules on ~~the declaration of conformity or~~ markings **, for products**

**without requirements for CE marking in Union law,** indicating conformity with the applicable

requirements under Union law pursuant to Article 4, third subparagraph, point ( ~~f~~ **c** ), the Commission

shall take into account the following criteria:

(a) the need to minimise administrative burden for economic operators;

(b) the need to ensure coherence with other ~~conformity declarations and m~~ arkings applicable to a

specific product;

(c) the need to prevent confusion about the meaning of ~~conformity declarations and~~ markings

under other Union law.

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## **Chapter IX - Notification of conformity assessment bodies**

_Article 41_

_Notification_

Member States shall notify the Commission and the other Member States of bodies authorised to

carry out the third-party conformity assessment tasks **when** provided for under the delegated acts

adopted pursuant to Article 4.

_Article 42_

_Notifying authorities_

1. Member States shall designate a notifying authority that shall be responsible for setting up

and carrying out the necessary procedures for the assessment and notification of conformity

assessment bodies and the monitoring of notified bodies, including compliance with the

provisions of Article 47.

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2. Member States may decide that the assessment and monitoring referred to in paragraph 1 shall

be carried out by a national accreditation body within the meaning of and in accordance with

Regulation (EC) No 765/2008.

3. Where the notifying authority delegates or **otherwise** entrusts the assessment, notification or

monitoring referred to in paragraph 1 to a body which is not a governmental entity, that body

shall be a legal entity and shall comply _mutatis mutandis_ with the requirements laid down in

Article 43. In addition, it shall have arrangements to cover liabilities arising out of its

activities.

4. The notifying authority shall take full responsibility for the tasks performed by the body

referred to in paragraph 3.

_Article 43_

_Requirements relating to notifying authorities_

1. A notifying authority shall be established in such a way that no conflict of interest with

conformity assessment bodies ~~or notified bodies~~ occurs.

2. A notifying authority shall be organised and operated so as to safeguard the objectivity and

impartiality of its activities.

3. A notifying authority shall be organised in such a way that each decision relating to

notification of a conformity assessment body is taken by competent persons different from

those who carried out the assessment.

4. A notifying authority shall not offer or provide any activities that conformity assessment

bodies perform, or consultancy services on a commercial or competitive basis.

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5. A notifying authority shall safeguard the confidentiality of the information it obtains.

However, it shall, upon request, exchange information on notified bodies with the

Commission, with notifying authorities of other Member States and with other relevant

national authorities **, which shall safeguard confidentiality of the information received** .

6. A notifying authority shall take as a basis for notification only the specific conformity

assessment body applying for notification and not take account of the capacities or personnel

of parent or sister companies. The authority shall assess that body against all relevant

requirements and conformity assessment tasks.

7. A notifying authority shall have a sufficient number of competent personnel and sufficient

funding at its disposal for the proper performance of its tasks.

~~The Commission may adopt implementing acts laying down a minimum number of full-time~~

~~equivalents considered sufficient for the proper monitoring of notified bodies, where~~

~~appropriate in relation to specific conformity assessment tasks. Where monitoring is carried~~

~~out by a national accreditation body or a body referred to in Article 42(3), this minimum~~

~~number shall apply to that body.~~

~~Those implementing acts shall be adopted in accordance with the examination procedure~~

~~referred to in Article 67(3).~~

_Article 44_

_Information obligation on notifying authorities_

Member States shall inform the Commission of their procedures for the assessment and notification

of conformity assessment bodies and the monitoring of notified bodies, and of any changes thereto.

The Commission shall make that information publicly available.

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_Article 45_
_Requirements relating to notified bodies_

1. For the purposes of notification, a conformity assessment body shall meet the requirements

laid down in paragraphs 2 to 11.

2. A conformity assessment body shall be established under the national law of a Member State

and have legal personality.

3. A conformity assessment body shall be a third-party body independent of the organisation or

the product it assesses. It shall not have any business ties with organisations that have an

interest in the products it assesses, in particular manufacturers, their trade partners and their

shareholding investors.

**However, a body belonging to a business association or professional federation**

**representing undertakings involved in the design, manufacturing, provision, assembly,**

**use or maintenance of products which it assesses, may, on condition that its**

**independence and the absence of any conflict of interest are demonstrated, be**

**considered such a body.**

This shall not preclude the conformity assessment body from carrying out conformity

assessment activities for competing manufacturers.

4. A conformity assessment body, its top-level management and the personnel responsible for

carrying out the conformity assessment tasks shall not be the designer, manufacturer, supplier,

importer, distributor, installer, purchaser, owner, user or maintainer of the products which

they assess, nor the representative of any of those parties. This shall not preclude the use of

assessed products that are necessary for the operations of the conformity assessment body or

the use of such products for personal purposes.

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A conformity assessment body, its top-level management and the personnel responsible for

carrying out the conformity assessment tasks shall not be directly involved in the design,

manufacture or construction, the marketing, installation, use or maintenance of those

products, or represent the parties engaged in those activities. They shall not engage in any

activity that may conflict with their independence of judgement or integrity in relation to

conformity assessment activities for which they are notified. This shall apply in particular to

consultancy services.

Conformity assessment bodies shall ensure that the activities of its parent or sister companies,

subsidiaries or subcontractors do not affect the confidentiality, objectivity or impartiality of

their conformity assessment activities.

~~The~~ ~~**A**~~ **conformity assessment body shall not delegate to a subcontractor or a subsidiary**

**the** establishment and the supervision of internal procedures, general policies, codes of

conduct or other internal rules, the assignment of **its** personnel to specific tasks and the

conformity assessment decisions ~~may not be delegated to a subcontractor or a subsidiary.~~

5. Conformity assessment bodies and their personnel shall carry out the conformity assessment

activities with the highest degree of professional integrity and the requisite technical

competence in the specific field. They shall be free from all pressures and inducements,

particularly financial, which might influence their judgement or the results of their conformity

assessment activities, especially as regards persons or groups of persons with an interest in the

results of those activities.

6. A conformity assessment body shall be capable of carrying out all the conformity assessment

tasks assigned to it under the relevant delegated act adopted pursuant to Article 4 and in

relation to which it has been notified, whether those tasks are carried out by the conformity

assessment body itself or on its behalf and under its responsibility.

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At all times and for each conformity assessment procedure, and for each kind or category of

products in relation to which it has been notified, a conformity assessment body shall have at

its disposal the necessary:

(a) personnel with technical knowledge, and sufficient and appropriate experience to

perform the conformity assessment tasks ~~. Personnel responsible for taking assessment~~

~~decisions shall be employed by the conformity assessment body under the national law~~

~~of the notifying Member State, shall not have any other potential conflict of~~

~~interest, shall be competent to verify the assessments made by other staff, external~~

~~experts or subcontractors. The number of such personnel shall be sufficient to ensure~~

~~business continuity and a consistent approach to conformity assessments~~ ;

(b) descriptions of procedures in accordance with which conformity assessment is carried

out, ensuring the ~~of these~~ **transparency and the ability of reproduction of those**

procedures ~~and the ability to reproduce them. This shall include a qualification matrix~~

~~that matches~~ **including a description of how** relevant personnel, their ~~respective~~ status

and tasks ~~within the conformity assessment body with~~ **correspond to** the conformity

assessment tasks in relation to which the body intends to be notified;

(c) appropriate policies and procedures to distinguish the tasks it carries out as a notified

body from other activities;

(d) procedures for the performance of activities, which take due account of the size of an

undertaking, the sector in which it operates, its structure, the degree of complexity of

the product technology in question and the mass or serial nature of the production

process.

It shall have the means necessary to perform the technical and administrative tasks connected

with the conformity assessment activities in an appropriate manner and shall have access to

all necessary equipment or facilities.

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7. The personnel responsible for carrying out conformity assessment activities shall have the

following:

(a) sound technical and vocational training covering all the conformity assessment

activities in relation to which the conformity assessment body has been notified;

(b) satisfactory knowledge of the requirements of the assessments they carry out and

adequate authority to carry out those assessments, including appropriate knowledge and

understanding of the relevant legislation, test, measurement and calculation

requirements, of the applicable harmonised standards or common specifications and of

the relevant provisions of this Regulation, and of the delegated acts adopted pursuant to

Article 4;

(c) the ability to draw up certificates, records and reports demonstrating that assessments

have been carried out.

**7a** **Personnel responsible for taking assessment decisions shall be employed by the**

**conformity assessment body under the national law of the notifying Member State, shall**

**not have any other potential conflict of interest, shall be competent to verify the**

**assessments made by other staff, external experts or subcontractors. The number of**

**such personnel shall be sufficient to ensure business continuity and a consistent**

**approach to conformity assessments.**

8. The impartiality of the conformity assessment bodies and their top-level management and of

the assessment personnel shall be guaranteed.

The remuneration of the top-level management and assessment personnel of a conformity

assessment body shall not depend on the number of assessments carried out or their results.

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9. Conformity assessment bodies shall take out liability insurance unless liability is assumed by

the State in accordance with national law, or the Member State itself is directly responsible

for the conformity assessment.

10. The personnel of a conformity assessment body shall observe professional secrecy regarding

all information obtained in carrying out the conformity assessment tasks under the relevant

delegated acts adopted pursuant to Article 4, except in relation to the notifying authorities and

other national authorities of the Member State in which its activities are carried out.

Proprietary rights shall be protected.

11. Conformity assessment bodies shall participate in, or ensure that their assessment personnel

are informed ~~about~~ **of**, the relevant standardisation activities ~~and apply as general guidance~~

~~the administrative decisions and documents produced as a result of the work of that group~~ .

_Article 46_

_Presumption of conformity of conformity assessment bodies_

Where a conformity assessment body demonstrates its conformity with the criteria laid down in the

relevant harmonised standards or parts thereof the references of which have been published in

the _Official Journal of the European Union_ it shall be presumed to comply with the requirements

set out in Article 45 in so far as the applicable harmonised standards cover those requirements.

_Article 47_

_Subsidiaries of and subcontracting by notified bodies_

1. Where a notified body subcontracts specific tasks connected with conformity assessment or

has recourse to a subsidiary, it shall ensure that the subcontractor or the subsidiary meets the

requirements set out in Article 45 and shall inform the notifying authority accordingly.

2. Notified bodies shall take full responsibility for the tasks performed by subcontractors or

subsidiaries wherever these are established. ~~The relevant notified bodies shall establish~~

~~procedures for the on-going monitoring of the competence, activities and performance of its~~

~~subcontractors or subsidiaries, taking into account the qualification matrix referred to in~~

~~Article 45(6).~~

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3. Activities may be subcontracted or carried out by a subsidiary only with the agreement of the

client.

4. Notified bodies shall keep at the disposal of the notifying authority the relevant documents

concerning the assessment and monitoring of the qualifications of the subcontractor or the

subsidiary and the work carried out by them under the relevant delegated acts adopted

pursuant to Article 4.

_Article 48_

_Application for notification_

1. A conformity assessment body shall submit an application for notification to the notifying

authority of the Member State in which it is established.

2. That application shall be accompanied by a description of the conformity assessment

activities, the conformity assessment module or modules and the product or products for

which that body claims to be competent ~~, the qualification matrix referred to in Article 45(6),~~

as well as by an accreditation certificate, where one exists, issued by a national accreditation

body attesting that the conformity assessment body fulfils the requirements laid down in

Article 45. The accreditation certificate shall relate only to the precise legal body applying for

notification and shall be based, in addition to relevant harmonised standards, on the specific

requirements and conformity assessment tasks set out in the relevant delegated act adopted

pursuant to Article 4.

3. Where the conformity assessment body concerned cannot provide an accreditation certificate,

it shall provide the notifying authority with all the documentary evidence necessary for the

verification, recognition and regular monitoring of its compliance with the requirements laid

down in Article 45.

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_Article 49_

_Notification procedure_

1. Notifying authorities only notify conformity assessment bodies which have satisfied the

requirements laid down in Article 45.

2. They shall notify the Commission and the other Member States using the electronic

notification tool developed and managed by the Commission.

3. The notification shall include full details of the conformity assessment activities, the

conformity assessment module or modules and product or products concerned and the

relevant attestation of competence.

4. Where a notification is not based on an accreditation certificate as referred to in Article 48(2),

the notifying authority shall provide the Commission and the other Member States with

documentary evidence which attests to the conformity assessment body's competence and the

arrangements in place to ensure that that body will be monitored regularly and will continue

to satisfy the requirements laid down in Article 45.

5. The body concerned may perform the activities of a notified body if the Commission or the

other Member States do not raise any objections within 2 weeks of a notification where an

accreditation certificate is used, or within 2 months of a notification where accreditation is not

used.

Only such a body shall be considered a notified body for the purposes of this Regulation.

6. ~~The notification shall become valid the day after the body is included in the list of notified~~

~~bodies referred to in Article 50(2) by the Commission. The body concerned may perform the~~

~~activities of a notified body only after the notification has become valid.~~

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~~The Commission shall not publish a notification if it is aware or becomes aware that the~~

~~relevant notified body does not meet the requirements laid down in Article 45.~~

7. The Commission and the other Member States shall be notified of any subsequent relevant

changes to the notification.

_Article 50_

_Identification numbers and lists of notified bodies_

1. The Commission shall assign an identification number to a notified body.

It shall assign a single such number even where the body is notified under several Union acts.

2. The Commission shall make the list of the bodies notified under this Regulation publicly

available, including the identification numbers that have been allocated to them and the

activities for which they have been notified.

The Commission shall ensure that that list is kept up to date.

_Article 51_

_Changes to notifications_

1. Where a notifying authority has ascertained or has been informed that a notified body no

longer meets the requirements laid down in Article 45, or that it is failing to fulfil its

obligations, the notifying authority shall restrict, suspend or withdraw notification as

appropriate, depending on the seriousness of the failure to meet those requirements or fulfil

those obligations. It shall immediately inform the Commission and the other Member States

accordingly.

2. In the event of restriction, suspension or withdrawal of notification, or where the notified

body has ceased its activity, the notifying Member State shall take appropriate steps to ensure

that this body’s files are either processed by another notified body or kept available for the

responsible notifying and market surveillance authorities at their request.

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_Article 52_

_Challenge of the competence of notified bodies_

1. The Commission shall investigate all cases where it doubts, or doubt is brought to its attention

regarding, the competence of a notified body or the continued fulfilment by a notified body of

the requirements and responsibilities to which it is subject.

2. The notifying Member State shall provide the Commission, on request, with all information

relating to the basis for the notification or the maintenance of the competence of the body

concerned.

3. The Commission shall ensure that all sensitive information obtained in the course of its

investigations is treated confidentially.

4. Where the Commission ascertains that a notified body does not meet or no longer meets the

requirements for its notification, it shall **inform the notifying Member State accordingly**

**and request it to take the necessary corrective measures, including withdrawal of the**

**notification if necessary.**

~~adopt an implementing act requiring the notifying Member State to take the necessary~~

~~corrective action, including withdrawal of the notification if necessary. That implementing act~~

~~shall be adopted in accordance with the advisory procedure referred to in Article 67(2).~~

~~The Commission shall update the list of notified bodies referred to in Article 50(2) within 2~~

~~weeks of the implementing act being adopted.~~

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_Article 53_

_Operational obligations of notified bodies_

1. Notified bodies shall carry out conformity assessments in accordance with the conformity

assessment procedures provided for in the delegated acts adopted pursuant to Article 4.

2. Conformity assessments shall be carried out in a proportionate manner, avoiding unnecessary

burdens for economic operators. **Notified bodies** ~~Conformity assessment bodies~~ shall perform

their activities taking due account of the size of an undertaking, the sector in which it

operates, its structure, the degree of complexity of the product technology in question and the

mass or serial nature of the production process.

In so doing they shall nevertheless respect the degree of rigour and the level of protection

required for the compliance of the product with the relevant requirements.

3. Where a notified body finds that a manufacturer does not meet the relevant requirements or

corresponding harmonised standards, common specifications or other technical specifications,

it shall require that manufacturer to take appropriate corrective measures ~~in view of a second~~

~~and final conformity assessment, unless the deficiencies cannot be remedied, in which case~~

**and** it shall not issue a certificate ~~or approval decision.~~

4. Where, in the course of the monitoring of conformity following the issue of a certificate ~~or~~

~~approval decision~~ **in accordance with the conformity assessment procedures provided for**

**in a delegated act adopted pursuant to Article 4**, a notified body finds that a product or the

manufacturer does not comply or no longer complies, it shall require the manufacturer to take

appropriate corrective measures and shall suspend or withdraw the certificate ~~or approval~~

~~decision~~ if necessary.

5. Where corrective measures are not taken or do not have the required effect, the notified body

shall restrict, suspend or withdraw any certificates ~~or approval decisions,~~ as appropriate.

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6. ~~When taking conformity assessment decisions, including when deciding on the need to~~

~~suspend or withdraw a certificate or approval decisions in light of possible non-compliance,~~

~~notified bodies shall apply clear and pre-determined criteria.~~

~~7.~~ ~~Notified bodies shall ensure rotation among the personnel carrying out different conformity~~

~~assessment tasks.~~

_Article 54_

_Information obligation on notified bodies_

1. Notified bodies shall inform the notifying authority of the following:

(a) any refusal, restriction, suspension or withdrawal of a certificate;

(b) any circumstances affecting the scope of and conditions for notification;

(c) any request for information which they have received from market surveillance

authorities regarding conformity assessment activities;

(d) on request, conformity assessment activities performed within the scope of their

notification and any other activity performed, including cross-border activities and

subcontracting.

2. Notified bodies shall provide the other bodies notified under this Regulation which carry out

similar conformity assessment activities that cover the same ~~products~~ **product group** with

relevant information on issues relating to negative and, on request, positive conformity

assessment results.

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3. Where the Commission or a Member State’s market surveillance authority submits a request

to a notified body established on the territory of another Member State relating to a

conformity assessment carried out by that notified body, it shall send a copy of that request to

the notifying authority of that other Member State. The notified body concerned shall respond

without delay and within 15 days at the latest to the request. The notifying authority shall

ensure that such requests are resolved by the notified body ~~unless there is a legitimate reason~~

~~for not doing so.~~

4. Where notified bodies have or receive evidence that:

(a) another notified body does not comply with the requirements laid down in Article 45 or

its obligations; or

(b) a product placed on the market does not comply with ecodesign requirements set out in

delegated acts adopted pursuant to Article 4 by which that product is covered; or

(c) a product placed on the market, due to its physical condition, is likely to cause a serious

risk;

they shall alert and share such evidence with the relevant market surveillance or notifying

authority, as appropriate.

_Article 55_

_Exchange of experience_

The Commission shall provide for the organisation of exchange of experience between the Member

States' authorities responsible for notification policy.

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_Article 56_

_Coordination of notified bodies_

1. The Commission shall ensure that appropriate coordination and cooperation between bodies

notified under this Regulation are put in place and properly operated in the form of a group or

groups of notified bodies, where appropriate including groups of bodies notified under the

same delegated act adopted pursuant to Article 4 or in relation to similar conformity

assessment tasks.

Notified bodies shall participate in the work of any relevant group, directly or by means of

designated representatives.

2. Notified bodies shall apply as general guidance any relevant documents produced as a result

of the work of the groups referred to in paragraph 1.

3. Coordination and cooperation in the groups referred to in paragraph 1 shall aim at ensuring

the harmonised application of this Regulation and of the delegated acts adopted pursuant to

Article 4. ~~In doing so, the groups shall follow as general guidance any relevant documents~~

~~produced by the administrative cooperation group set up pursuant to Article 30(2) of~~

~~Regulation (EU) 2019/1020.~~

## **Chapter X - Incentives**

_Article 57_

_Member State incentives_

1. Member States incentives relating to products covered by a delegated act adopted pursuant to

Article 4 that determines classes of performance in accordance with Article 7(4), in relation to

a product parameter referred to in Annex I, shall concern the highest two classes of

performance that are populated at Union level or, where relevant, products with an EU

Ecolabel **including products fulfilling equivalent requirements** ~~unless otherwise specified~~

~~in that delegated act.~~

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**1a.** **The Commission is empowered to adopt implementing acts specifying the product**

**parameters referred to in Annex I for the products covered by a delegated act adopted**

**pursuant to Article 4 which can be subject to Member States incentives in order to boost**

**demand of environmentally sustainable products. Those implementing acts shall be**

**adopted in accordance with the examination procedure referred to in Article 66(3).**

**2.** **The implementing acts referred to in paragraph 1a shall comply with the following**

**criteria:**

~~2.~~ **a)** Where a delegated act adopted pursuant to Article 4 determines classes of performance

pursuant to Article 7(4), in relation to more than one product parameter referred to in Annex I

or where classes of performance are established both under Regulation (EU) 2017/1369 and

under this Regulation, the Commission ~~may further~~ **may, in order to boost demand of**

**environmentally sustainable products,** specify in ~~the delegated~~ **implementing** acts ~~adopted~~

~~pursuant to Article 4, third subparagraph, point (g),~~ which product parameters the Member

States incentives shall concern **and that the highest two classes of performance for each**

**parameter can be incentivised** .

~~When doing so, the Commission shall take into account the following criteria:~~

~~(a)~~ ~~the number of products in each class of performance;~~

~~(b)~~ ~~the relative affordability of the products in each class of performance;~~

~~(c)~~ ~~the need to ensure sufficient demand for more environmentally sustainable products~~ .

~~3.~~ **b)** Where a delegated act adopted pursuant to Article 4 does not determine classes of

performance, the Commission may specify **in an implementing act that** ~~in the delegated acts~~

~~adopted pursuant to Article 4, third subparagraph, point (g),~~ requirements **on performance**

related to product parameters that products concerned by Member State incentives shall meet.

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**When deciding which product parameter requirements regarding incentives shall**

**concern, the Commission shall, as appropriate for the product group concerned,**

**-**
**consider where there is potential in boosting demand of more well** **performing products,**

**and the likelihood that incentives would help achieve this goal.**

**3.** When **preparing the implementing acts referred to in paragraph 2** ~~doing so~~, the

Commission shall take into account the following criteria:

**(a)** **the number of products in each class of performance;**

~~(a)~~ ~~**(**~~ **b)** the **need to ensure** ~~relative~~ affordability of the products meeting those requirements **, to**

**avoid significant negative impacts on consumers.**

~~(b)~~ ~~the need to ensure sufficient demand for more environmentally sustainable products~~ .

**4.** **The implementing acts adopted under paragraphs 2 and 3 shall be adopted in**

**accordance with the examination procedure referred to in Article 67(3).**

_Article 58_
_Green public procurement_

**1.** ~~Requirements pursuant to Article 4, third subparagraph, point (h)~~ ~~**T**~~ **he Commission is**

**empowered to adopt implementing acts specifying minimum mandatory requirements**

for public contracts **falling within the scope of Directive 2014/24/EU or Directive**

**2014/25/EU and** 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 **, in order to incentivise the supply and demand for**

**environmentally sustainable products falling in the scope of those implementing acts.**

**Those implementing acts shall be adopted in accordance with the examination**

**procedure referred to in Article 67(3).**

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**1a.** **The requirements referred to in paragraph 1 shall be set on products which are covered**

**by delegated acts setting out ecodesign requirements as appropriate in view of the**

**specificities of to the product group concerned:**

**(a)** **Include requirements on the product referred to in Annex I considering in**

**particular product groups' (i) lifetime extension, (ii) energy consumption, (iii) end**

**of life management, (iv) criteria applicable to refurbished/remanufactured,**

**(b)** **Where classes of performance have been defined for the products in accordance**

**with Article 7(4), require products to fulfil one of the highest two classes of**

**performance that are populated at Union level.**

**The requirements** **shall, as appropriate to the product group concerned,** ~~may~~ take the form of,

~~mandatory technical specifications, selection criteria, award criteria, contract performance clauses,~~

~~or targets, as appropriate~~ ~~**:**~~

**(i)** **technical specifications within the meaning of paragraph 1 of Annex VII of**

**Directive 2014/24/EU and of Article 60 of Directive 2014/25/EU,**

**(ii)** **selection criteria within the meaning of Article 58 of Directive 2014/24/EU and of**

**Article 80 of Directive 2014/25/EU,**

**(iii) contract performance clauses within the meaning of Article 70 of Directive**

**2014/24/EU and of Article 87 of Directive 2014/25/EU,**

**(iv) targets.**

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2. When establishing requirements pursuant to **paragraph 1** ~~Article 4, third subparagraph, point~~

~~(h), for public contracts~~, the Commission shall take into account the following criteria:

(a) the value and volume of ~~public~~ contracts awarded for ~~that given~~ **the relevant** product

group or for the services or works using the given product group;

~~(b)~~ ~~the need to ensure sufficient demand for more environmentally sustainable products;~~

(c) the economic feasibility for contracting authorities or contracting entities to buy more

environmentally sustainable products, without entailing disproportionate costs ~~.~~ ~~**;**~~

**(d)** **the market situation at Union level of the relevant product group.**

**(e)** **the effects of the requirements on competition.**

**3.** **Contracting authorities and contracting entities referred to in paragraph 1 may, in duly**

**justified cases, derogate from the mandatory requirements specified in an implementing**

**act referred to in paragraph 1 on the grounds of public security and public health.**

**Contracting authorities and contracting entities may also, in duly justified cases,**

**derogate from the mandatory requirements, when those would lead to disproportionate**

**technical difficulties.**

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## **Chapter XI - Market surveillance**

_Article 59_

_Market surveillance_ ~~_action plans_~~ ~~_**a**_~~ _**ctivities**_

1. ~~Without prejudice to Article 13 of Regulation (EU) 2019/1020, e~~ **E** ach Member State shall, **in**

**the overarching national market surveillance strategy according to Article 13 of**

**Regulation (EU) 2019/1020,** ~~at least every 2 years, draw up an action plan outlining~~ **outline**

the market surveillance activities planned to ensure that appropriate checks 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].~~

**Member States shall, where such information is easily available, take into account the**

**-**
**environmental impact of non** **compliance of relevant products, when setting priorities**

**for such activities.**

~~The action plan referred to in paragraph 1 shall at least include:~~

~~(a)~~ ~~the products or requirements identified as priorities for market surveillance, taking into~~

~~account~~ ~~the common priorities identified by the administrative cooperation group~~

~~pursuant to Article 62(1), point (a), and in accordance with the implementing acts~~

~~referred to in paragraph 5;~~

~~(b) the market surveillance activities planned in order to reduce 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.~~

~~2.~~ ~~The priorities for market surveillance referred to in paragraph 1, point (a), shall be identified~~

~~on the basis of objective criteria, including:~~

~~(a)~~ ~~the levels of non-compliance observed in the market;~~

~~(b)~~ ~~the environmental impacts of non-compliance;~~

~~(c)~~ ~~the number of relevant products made available on national markets; and~~

~~(d)~~ ~~the number of relevant economic operators active on those markets.~~

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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.~~

~~4.~~ ~~Member States shall communicate their action plans to the Commission and other Member~~

~~States through the information and communication system referred to in Article 34 of~~

~~Regulation (EU) 2019/1020.~~

~~5.~~ ~~The Commission may adopt implementing acts listing the products or requirements that~~

~~Member States shall at least consider as priorities for market surveillance pursuant to~~

~~paragraph 1, point (a).~~

~~Those implementing acts shall be adopted in accordance with the advisory procedure referred~~

~~to in Article 67(2).~~

~~_Article 60_~~
~~_Minimum number of checks_~~

~~1.~~ ~~The Commission is empowered to adopt delegated acts in accordance with Article 66 to~~

~~supplement this Regulation by laying down the minimum number of checks to be performed~~

~~by the market surveillance authorities of each Member State on specific products covered by~~

~~delegated acts adopted pursuant to Article 4 or in relation to specific requirements set out in~~

~~such delegated acts. The delegated act may, where relevant, specify the nature of the checks~~

~~required and methods to be used.~~

~~The minimum number of checks shall be established on the basis of the following criteria:~~

~~(a)~~ ~~the criteria listed in Article 59(2);~~

~~(b)~~ ~~the activities planned in Member States' action plans;~~

~~(c)~~ ~~the common priorities identified by the administrative cooperation group pursuant to~~

~~Article 62(1), point (a);~~

~~(d)~~ ~~where relevant, the priorities included in the implementing acts referred to in Article~~

~~59(5).~~

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~~2.~~ ~~Market surveillance authorities shall~~ ~~have the right to recover from the responsible economic~~

~~operator the costs of document inspection and physical product testing in case of non-~~

~~compliance with delegated acts adopted pursuant to Article 4.~~

_Article 61_
_Reporting and benchmarking_

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 nature and severity~~

~~of any penalty imposed in relation to non-compliance with this Regulation.~~

2. The Commission shall, every ~~2~~ **4** years, draw up a report by 30 June based on the information

entered by market surveillance authorities into the information and communication system

referred to in Article 34 of Regulation (EU) 2019/1020. The first of these reports shall be

published by [ _OP: Please add date:_ ~~_two_~~ _**four**_ _years after date of application of this_

_Regulation_ ].

The report shall include:

(a) information on the nature and number of checks performed by market surveillance

authorities during the ~~two~~ **four** previous calendar years pursuant to Article 34(4) and (5)

of Regulation (EU) 2019/1020;

(b) ~~information on the levels of non-compliance identified and on the nature and severity of~~

~~penalties imposed for the two~~ ~~**four**~~ ~~previous calendar years in relation to products~~

~~covered by delegated acts adopted pursuant to Article 4 of this Regulation;~~

(c) **an evaluation** ~~a comparison~~ of this information **in relation to** ~~with~~ the activities

planned in the context of the **activities planned** ~~action plans drawn up~~ pursuant to

Article 5 ~~9(1)~~ ;

(d) indicative benchmarks for market surveillance authorities in relation to the frequency of

checks ~~and the nature and severity of penalties imposed.~~

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 a summary of the report.

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_Article 62_
_Market surveillance coordination and support_

1. For the purposes of this Regulation, ~~the administrative cooperation group (‘ADCO’) set up~~

~~pursuant to Article 30(2) of Regulation (EU) 2019/1020 shall meet at regular intervals and,~~

~~where necessary, at the reasoned request of the Commission or of two or more participating~~

~~market surveillance authorities.~~

~~In the context of performing its tasks set out in Article 32 of Regulation (EU) 2019/1020, the~~

~~ADCO shall support the implementation of the action plans drawn up pursuant to Article~~

~~59(1) and shall identify:~~

~~(a)~~ ~~common priorities for market surveillance as referred to in Article 59(1), point (a),~~

~~based on objective criteria as referred to in Article 59(2);~~

~~(b)~~ ~~priorities for Union support pursuant to paragraph 2;~~

~~(c)~~ ~~requirements set out in delegated acts adopted pursuant to Article 4 that are applied or~~

~~interpreted differently that should be priorities for the organisation of common trainings~~

~~or adoption of guidelines pursuant to paragraph 2 of this Article.~~

~~2.~~ ~~Based on priorities identified by the ADCO,~~ the Commission shall:

(a) organise joint market surveillance and testing projects in areas of common interest;

(b) organise joint investment in market surveillance capacities, including equipment and IT

tools;

(c) organise common trainings for the staff of market surveillance authorities, **customs**

**authorities,** notifying authorities and notified bodies, including on the correct

interpretation and application of requirements set out in delegated acts adopted pursuant

to Article 4 and on methods and techniques relevant for applying or verifying

compliance with such **conformity assessment and compliance verification** ;

(d) elaborate guidelines for the application and enforcement of requirements set out in

delegated acts adopted pursuant to Article 4, including common practices and

methodologies for effective market surveillance.

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The Union shall, where appropriate, finance the actions referred to in points (a), (b) and (c).

3. The Commission shall provide technical and logistic support to ensure the ADCO fulfils its

tasks set out in Article 32 of Regulation (EU) 2019/1020 **where such tasks relate to this**

**Regulation** ~~and this Article~~ .

## **Chapter XII - Safeguard procedures**

_Article 63_

_Procedure for dealing with products presenting a risk at national level_

1. Where the market surveillance authorities of one Member State have sufficient reason to

believe that a product covered by a delegated act adopted pursuant to Article 4 presents a risk,

they shall carry out an evaluation covering all requirements relevant to the risk and laid down

in this Regulation or in the relevant delegated act. ~~The relevant economic operators shall~~

~~cooperate as necessary with the market surveillance authorities.~~

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 the actions listed in Article

16(3) of Regulation (EU) 2019/1020.

~~The~~ **Where appropriate, the** market surveillance authorities shall inform the relevant

notified body accordingly.

2. Where the market surveillance authorities consider that non-compliance is not restricted to

their national territory, they shall inform the Commission and the other Member States of the

results of the evaluation and of the actions which they have required the economic operator to

take.

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3. The **relevant** economic operator shall ensure that all appropriate corrective action is taken in

respect of all the products concerned that it has made available on the market throughout the

Union.

4. Where the relevant economic operator does not take corrective action within the period

referred to in the second subparagraph of paragraph 1 or the non-compliance persists, the

market surveillance authorities shall take all appropriate provisional measures to prohibit or

restrict the making available of the product concerned on their national market, to withdraw

the product from that market or to recall it.

They shall inform the Commission and the other Member States, without delay, of those

measures.

5. The information to the Commission and the other Member States referred to in paragraph 4

shall be communicated through the information and communication system referred to in

Article 34 of Regulation (EU) 2019/1020 and shall include all available details, in particular

the data necessary for the identification of the non-compliant product, the origin of the

product, the nature of the non-compliance alleged and the non-compliance involved, the

nature and duration of the national measures taken and the arguments put forward by the

relevant economic operator. The market surveillance authorities shall also indicate whether

the non-compliance is due to either:

(a) failure of the product to meet requirements set out in the relevant delegated act adopted

pursuant to Article 4; or

(b) shortcomings in the harmonised standards or common specification referred to in

Articles 34 and 35 conferring a presumption of conformity.

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6. Member States other than the Member State initiating the procedure shall without delay

inform the Commission and the other Member States of any measures adopted and of any

additional information at their disposal relating to the non-compliance of the product

concerned, and, in the event of disagreement with the notified national measure, of their

objections.

7. Where, within three months of receipt of the information referred to in paragraph 4, no

objection has been raised by either a Member State or the Commission in respect of a

provisional measure taken by a Member State, that measure shall be deemed justified.

Measures may specify a period longer or shorter than three months in order to take account of

the specificities of the products or requirements concerned.

8. Member States shall ensure that appropriate restrictive measures are taken in respect of the

product ~~or manufacturer~~ concerned, such as withdrawal of the product from their market,

without delay.

_Article 64_

_Union safeguard procedure_

1. Where, on completion of the procedure set out in Article 63(3) and (4), objections are raised

against a measure taken by a Member State, or where the Commission considers a national

measure to be contrary to Union legislation, the Commission shall without delay enter into

consultation with the Member States and the relevant economic operator or operators and

shall evaluate the national measure. On the basis of the results of that evaluation, the

Commission shall decide by means of an implementing act whether the national measure is

justified or not.

That implementing act shall be adopted in accordance with the examination procedure

referred to in Article 67(3).

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2. The Commission shall address its decision to all Member States and shall immediately

communicate it to them and the relevant economic operator or operators.

If the national measure is considered justified, all Member States shall take the measures

necessary to ensure that the non-compliant product is withdrawn from their market, and shall

inform the Commission accordingly.

If the national measure is considered unjustified, the Member State concerned shall withdraw

the measure.

3. Where the national measure is considered justified and the non-compliance of the product is

attributed to shortcomings in the harmonised standards referred to in Article 34 of this

Regulation, the Commission shall apply the procedure provided for in Article 11 of

Regulation (EU) No 1025/2012.

**[** 4. Where the national measure is considered justified and the non-compliance of the product is

attributed to shortcomings in the common specifications referred to in Article 35, the

Commission shall, without delay, adopt implementing acts amending or repealing the

common specifications concerned. **]**

The implementing acts referred to in the first subparagraph shall be adopted in accordance

with the examination procedure referred to in Article 67(3).

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_Article 65_
_Formal non-compliance_

1. Where a Member State makes one of the following findings, it shall require the relevant

economic operator to put an end to the non-compliance concerned:

(a) the CE marking has been affixed in violation of Article 30 of Regulation (EC) No

765/2008 or of Article 39 of this Regulation;

(b) the CE marking has not been affixed;

(c) the identification number of the notified body has been affixed in violation of Article 39

or has not been affixed where required;

(d) the EU declaration of conformity has not been drawn up;

(e) the EU declaration of conformity has not been drawn up correctly;

(f) the technical documentation is not available, not complete or contains errors;

(g) the information referred to in Article 21(6) or Article 23(3) is absent, false or

incomplete;

(h) any other administrative requirement provided for in Article 21 or Article 23 or in the

applicable delegated act adopted pursuant to Article 4, is not fulfilled.

2. Where the non-compliance referred to in paragraph 1 persists, the Member State concerned

shall take all appropriate measures to restrict or prohibit the product being made available on

the market or ensure that it is recalled or withdrawn from the market.

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## **Chapter XIII - Delegated powers and committee procedure**

_Article 66_

_Exercise of the delegation_

1. The power to adopt delegated acts is conferred on the Commission subject to the conditions

laid down in this Article.

2. The power to adopt delegated acts referred to in Article 4, **Article 11a,** Article 9(1), second

subparagraph **and** Article 11(4) ~~, and Article 20(3), and Article 61(1)~~ shall be conferred on the

Commission for a period of six years from _[one month after the 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 six-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.

3. The delegation of power referred to in Article 4, **Article 11a,** Article 9(1), second

subparagraph **and** Article 11(4) ~~, Article 20(3), and Article 61(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.

4. Before adopting a delegated act, the Commission shall consult experts designated by each

Member State acting in accordance with the principles laid down in the Interinstitutional

Agreement of 13 April 2016 on Better Law-Making.

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5. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the

European Parliament and to the Council.

6. A delegated act adopted pursuant to Article 4, **Article 11a,** Article 9(1), second subparagraph ~~,~~

**and** Article 11(4 ~~), Article 20(3), and Article 61(1)~~ shall enter into force only if no objection

has been expressed either by the European Parliament or the Council within a period of two

months of notification of that act to the European Parliament and the Council or if, before the

expiry of that period, the European Parliament and the Council have both informed the

Commission that they will not object. That period shall be extended by two months at the

initiative of the European Parliament or of the Council.

_Article 67_

_Committee procedure_

1. The Commission shall be assisted by a Committee. That committee shall be a committee

within the meaning of Regulation (EU) No 182/2011.

2. Where reference is made to this paragraph, Article 4 of Regulation (EU) No 182/2011 shall

apply.

3. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall

apply.

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## **Chapter XIV - Final provisions**

_Article 68_

_Penalties_

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 ~~, taking into account the extent of non-~~

~~compliance and the number of units of non-complying products placed on the Union market.~~

Member States shall notify the Commission of those provisions by [ ~~_one_~~ _**two**_ _year_ _**s**_ _after the date of_

~~_application_~~ _**entry into force**_ _of this Regulation_ ] at the latest and shall notify it without delay of any

subsequent amendment affecting them.

_Article 69_

_Evaluation_

No ~~sooner~~ **later** than [ _8 years after the date of application of this Regulation_ ] **and every 8** **years**

**thereafter**, the Commission shall carry out an evaluation of this Regulation and of its contribution

to the functioning of the internal market and the improvement of the environmental sustainability of

products. The Commission shall present a report on the main findings to the European Parliament,

the Council, the European Economic and Social Committee, and the Committee of the Regions.

Member States shall provide the Commission with the information necessary for the preparation of

that report.

**The evaluation shall in particular include an assessment of whether Article 6 could be**

**extended to include the possibility for the Commission to, when appropriate, put in place a**

**mechanism enabling the automatic adaptation of ecodesign requirements triggered by the**

**improvement of performance of the products being placed on the market, with the purpose of**

**ensuring that ecodesign requirements remain relevant and proportionate to the market**

**situation, considering also legal and economic constraints.**

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**The Commission shall however carry out an evaluation of Chapter VI by [4 years after the**

**date of application of this Regulation] and every 4 years thereafter. The evaluation shall in**

**particular assess the SME exemption.**

Where the Commission finds it appropriate, the report shall be accompanied by a legislative

proposal for amendment of the relevant provisions of this Regulation.

_Article 70_

_Repeal and transitional provisions_

1. Directive 2009/125/EC is repealed **with effect from [OJ note: date of entry into force of**

**this Regulation], with the exception of:**

**(a) Article 1(3), Article 2, Article 3(1), Articles 4, 5 and 8, Article 9(3), Article 10, Article 14**

**and Annexes IV, V and VI of Directive 2009/125/EC which shall continue to apply to**

**products regulated by implementing measures adopted pursuant to Article 15 of that**

**Directive until such measures are repealed;**

**b)** **Articles 6, 7, 12 and 20 of Directive 2009/125/EC, which are repealed, with effect from**

**[OJ note: 24 months after the entry into force of this Regulation].**

2. References to the repealed Directive shall be construed as references to this Regulation and

shall be read in accordance with the correlation table in Annex VIII.

~~3.~~ ~~Article 1(3), Article 2, Article 3(1), Articles 4, 5 and 8, Article 9(3), Article 10 and Annexes~~

~~IV, V and VI of Directive 2009/125/EC, as applicable on [OP:~~ ~~_please insert the day before the_~~

~~_date of application of this Regulation_~~ ~~] shall continue to apply to implementing measures~~

~~adopted pursuant to Article 15 of that Directive.~~

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4. Articl ~~es 3, 3~~ 3 and Articles ~~**[**~~ ~~59~~ ~~**6**~~ **1 and** ~~to 65~~ ~~**6**~~ **2]** of this Regulation shall apply to **the products**

**regulated by** implementing measures adopted pursuant to Article 15 of Directive

2009/125/EC. **Articles 3, 59, 63 to 65 and 68 of this Regulation shall apply to the products**

**regulated by implementing measures adopted pursuant to Article 15 of Directive**

**2009/125/EC from [OJ note: 24 months after the entry into force of this Regulation].**

5. For products placed on the market or put into service in accordance with Directive

2009/125/EC before the date of application of a delegated act adopted pursuant to Article 4 of

this Regulation covering the same products, the manufacturer shall, for a period of 10 years as

from the date when the last of that product was manufactured, make an electronic version of

documentation relating to the conformity assessment and the declaration of conformity

available for inspection within 10 days of a request received from market surveillance

authorities or the Commission.

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_Article 71_
_Entry into force_ _**and application**_

This Regulation shall enter into force on the twentieth day following that of its publication in

the _Official Journal of the European Union_ .

**It shall apply from [OJ note: 24 months after entry into force of this Regulation]. However,**

**Articles 1, 2, 4, 5, 6, 7, 7a, 8, 9, 10, 11, 11a, 12, 12a, 13(1), 13(6a), 14, 16, 17, 17a, 18, 19(1),**

**19(2), 20, 20b(2), 20c, 20d, 30(3), 31, 31a, 32, 33, 35, 36(1), 38, 40, 57, 58, 61, 62, 66, 67, 69 and**

**70 shall apply from [OJ note: the date of entry into force of this Regulation].**

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels,

_For the European Parliament_ _For the Council_

_The President_ _The President_

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**ANNEX I**

**Product parameters**

The following parameters **shall** ~~may,~~ as appropriate **to the relevant product groups**, ~~and where~~

~~necessary supplemented by others,~~ be used as a basis for improving the product aspects referred to

in Article 5(1):

(a) durability and reliability of the product or its components as expressed through the product’s

guaranteed lifetime, technical lifetime, **premature obsolescence,** mean time between failures,

indication of real use information on the product, resistance to stresses or ageing mechanisms;

(b) ease of repair and maintenance as expressed through: characteristics, availability and delivery

time of spare parts, modularity, compatibility with commonly available spare parts,

availability of repair and maintenance instructions, number of materials and components used,

use of standard components, use of component and material coding standards for the

identification of components and materials, number and complexity of processes and tools

needed, ease of non-destructive disassembly and re-assembly, conditions for access to product

data, conditions for access to or use of hardware and software needed;

(c) ease of upgrading, re-use, remanufacturing and refurbishment as expressed through: number

of materials and components used, use of standard components, use of component and

material coding standards for the identification of components and materials, number and

complexity of processes and tools needed, ease of non-destructive disassembly and re

assembly, conditions for access to product data, conditions for access to or use of hardware

and software needed, conditions of access to test protocols or not commonly available testing

equipment, availability of guarantees specific to remanufactured or refurbished products,

conditions for access to or use of technologies protected by intellectual property rights,

modularity;

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(d) ease and quality of recycling as expressed through: use of easily recyclable materials, safe,

easy and non-destructive access to recyclable components and materials or components and

materials containing hazardous substances, material composition and homogeneity, possibility

for high-purity sorting, number of materials and components used, use of standard

components, use of component and material coding standards for the identification of

components and materials, number and complexity of processes and tools needed, ease of

non-destructive disassembly and re-assembly, conditions for access to product data,

conditions for access to or use of hardware and software needed;

(e) avoidance of technical solutions detrimental to re-use, upgrading, repair, maintenance,

refurbishment, remanufacturing and recycling of products and components;

(f) use of substances, on their own, as constituents of substances or in mixtures, during the

production process of products, or leading to their presence in products, including once these

products become waste;

(g) **use or** consumption of energy, water and other resources **, including critical raw materials** in

one or more life cycle stages of the product, including the effect of physical factors or

software and firmware updates on product efficiency and including the impact on

deforestation;

(h) use or content of recycled materials **and recovery of materials, including critical raw**

**materials;**

(i) weight and volume of the product and its packaging, and the product-to-packaging ratio;

(j) incorporation of used components

(k) quantity, characteristics and availability of consumables needed for proper use and

maintenance **as expressed through yield, technical lifetime, ability to reuse, repair, and**

**manufacture, mass-resource efficiency, interoperability** ;

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(l) the environmental footprint of the product, expressed as a quantification, in accordance with

the applicable delegated act, of a product’s life cycle environmental impacts, whether in

relation to one or more environmental impact categories or an aggregated set of impact

categories;

(m) the carbon **and environment** footprint of the product;

(n) microplastic release **as expressed through the release during relevant product lifecycle**

**stages including manufacturing, transport, end-use, and end of life stages** ;

(o) emissions to air, water or soil released in one or more life cycle stages of the product **as**

**expressed through quantities and nature of emissions, including noise** ;

(p) amounts of waste generated, including plastic waste and packaging waste and their ease of re

use, and amounts of hazardous waste generated;

(q) **functional performance and** conditions for use **including as expressed through inter alia**

**ability in performing its intended use, precautions of use, skills required, compatibility**

**with other products or systems, etc.;**

**(r)** **lightweight design as expressed through reduction of material consumption, load- and**

**stress-optimisation of structures, integration of functions within the material or into a**

**-**
**single product component, use of lower density or high** **strength materials and hybrid**

**materials, and optimisation of manufacturing, production and assembly processes with**

**respect to material savings, recycling and other circularity aspects, and waste reduction.**

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**ANNEX II**

**Procedure for defining performance requirements**

Performance requirements shall be set as follows:

(1) A technical, environmental and economic analysis shall select a number of representative

models of the product or products in question on the market and identify the technical options

for improving the product performance in relation to the parameters referred to in Annex I - in

view of product-specific or horizontal requirements - taking into account the economic

viability of the options and avoiding any significant increase of other life cycle environmental

impacts, and significant loss of performance or of usefulness for consumers.

The technical, environmental and economic analysis shall also identify, for the parameter

under consideration, the best-performing products and technologies available on the market.

The performance of products available on international markets and benchmarks set in other

countries’ legislation shall be taken into consideration during the analysis referred to in the

first subparagraph as well as when setting requirements.

**The Commission shall also take into consideration the net environmental balance**

**between the environmental benefits and burdens; impact on innovation, aesthetics and**

**design choices, whether there is a method or metrics for expressing the product**

**parameter for which the performance requirement is established, and whether the**

**compliance with the product parameter, for which the performance requirement is**

**established, is verifiable or measurable by market surveillance authorities.** Based on this

analysis, and taking into account economic and technical feasibility, including the availability

of key resources and technologies, as well as the potential for improvement, levels or non

quantitative requirements shall be defined.

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Any concentration limit for substances as referred to in Annex I, point (f), shall be based on a

thorough analysis of the sustainability of the substances and their identified alternatives, and

shall not have significant adverse effects on human health or the environment. Any

performance requirement on substances as referred to in Annex I, point (f), shall take into

consideration existing chemical safety assessments performed by the relevant Union bodies

for the substances concerned, as well as safe and sustainable by design criteria for chemicals

and materials developed by the Commission. Proposed concentration limits shall also

consider aspects of enforceability, such as analytical detection limits.

Where relevant, the analysis referred to in the first subparagraph shall take into account the

likely impacts of climate change on the product during its prospective lifetime, and the

product’s potential to improve climate resilience throughout its life cycle.

A sensitivity analysis covering the relevant factors, such as the price of energy or other

resources, the cost of raw materials and necessary technologies, production costs, discount

rates, and, where appropriate, external environmental costs, including avoided greenhouse gas

emissions, must be carried out.

(2) For the development of the technical, environmental and economic analyses, relevant

information available in the framework of other Union activities shall be taken into account

and shall include technical information used as a basis for or derived from Regulation (EC)

No 66/2010, Directive 2010/75/EU and Green Public Procurement criteria.

That shall also apply for information available from existing programmes applied in other

parts of the world for setting the specific ecodesign requirement of products traded with the

Union’s economic partners.

~~(3)~~ ~~The date of entry into force of the performance requirements shall, where relevant,~~ ~~take into~~

~~account the time needed to adapt the product design and production processes.~~

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**Elements to be taken into consideration for information requirements**

**When deciding which information requirements, other than requirements on the digital**

**product passport and substances of concern, are appropriate for the product group concerned**

**the Commission shall, apart from Article 5 and 7, take into consideration the following**

**elements:**

**a)** **the potential for improvement and relative effectiveness in delivering a better**

**environmental sustainability**

**b)** **the technical feasibility of such information requirements**

**c)** **the needs of various economic operators, including SMEs**

**d)** **the need for potential customers to make informed choices**

**e)** **the need to verify compliance with the requirements**

**f)** **the legitimate need to protect confidential business information, intellectual property**

**rights and trade secrets**

**g)** **the need to provide information on the performance of the products for each aspect**

**covered by a performance requirement**

**h)** **the added value in providing information on the performance of the products for aspects**

**not covered by performance requirements.**

**The Commission will include information requirements in its analysis and impact assessment**

**related to performance requirements referred to in Article 6 and this Annex. In particular,**

**the Commission will assess the type of information and the manner in which it should be**

**made available to ensure that it is relevant and understood by the target group.**

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**ANNEX III**

**Digital Product Passport**

**(referred to in** ~~**ArticleA**~~ **rticles 8, 9,10 and 11)**

The requirements related to the product passport laid down in the delegated acts adopted pursuant to

Article 4 shall specify what information shall or may be included in the product passport from

among the following elements:

(a) information required under Articl ~~es~~ 7(2) **point (b)** and ~~8(2)~~ ~~**A**~~ **rticle 7(5)** or by other Union law

applicable to the relevant product group;

(b) the unique product identifier at the level indicated in the applicable delegated act adopted

pursuant to Article 4;

(c) the Global Trade Identification Number as provided for in standard ISO/IEC 15459-6 or

equivalent of products or their parts;

(d) relevant commodity codes, such as a TARIC code as defined in Council Regulation (EEC) No

2658/87 **[69]** ;

(e) compliance documentation and information required under this Regulation or other Union law

applicable to the product, such as the declaration of conformity, technical documentation or

conformity certificates;

(f) user manuals, instructions, warnings or safety information, as required by other Union

legislation applicable to the product;

(g) information related to the manufacturer, such as its unique operator identifier and the

information referred to in Article 21(7);

69 Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical
nomenclature and on the Common Customs Tariff (OJ L 256, 7.9.1987, p. 1).

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(h) unique operator identifiers other than that of the manufacturer;

(i) unique facility identifiers;

(j) information related to the importer, including the information referred to in Article 23(3) and

its EORI number;

(k) the name, contact details and unique operator identifier code of the economic operator

established in the Union responsible for carrying out the tasks set out in Article 4 of

Regulation (EU) 2019/1020, or Article 15 of Regulation (EU) […/…] on general product

safety, or similar tasks pursuant to other EU legislation applicable to the product.

**(l)** **The data carrier, the unique product identifier referred to in point (b), the unique**

**operators identifiers referred to in points (g) and (h), and the unique facility identifiers**

**referred to in point (i) shall, where relevant for the concerned products, comply with**

**International Organization for Standardisation/International Electrotechnical**

**Commission standard (‘ISO/IEC’) 15459-1:2014; International Organization for**

**Standardisation/International Electrotechnical Commission standard (‘ISO/IEC’)**

**15459-2:2015; International Organization for Standardisation/International**

**Electrotechnical Commission standard (‘ISO/IEC’) 15459-3:2014; International**

**Organization for Standardisation/International Electrotechnical Commission standard**

**(‘ISO/IEC’) 15459-4:2014;International Organization for Standardisation/International**

**Electrotechnical Commission standard (‘ISO/IEC’) 15459-5:2014; International**

**Organization for Standardisation/International Electrotechnical Commission standard**

**(‘ISO/IEC’) 15459-6:2014.**

The delegated acts adopted pursuant to Article 4 shall identify information relevant to ecodesign

requirements that manufacturers may include in the product passport in addition to the information

required pursuant to Article 8(2), point (a), including information on specific voluntary labels

applicable to the product. That shall include whether an EU Ecolabel has been awarded to the

product in line with Regulation (EC) No 66/2010.

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**ANNEX IV**

**Internal production control**

**(Module A)**

1. Internal production control is the conformity assessment procedure whereby the manufacturer

fulfils the obligations laid down in points 2, 3 and 4, and ensures and declares on its sole

responsibility that the product satisfies the requirements of the delegated act adopted pursuant

to Article 4.

2. Technical documentation

The manufacturer shall establish the technical documentation. The documentation shall make

it possible to assess the product's conformity to the requirements of the delegated act adopted

pursuant to Article 4. The technical documentation shall specify the applicable requirements

and cover, as far as relevant for the assessment, the design, manufacture and operation of the

product. The technical documentation shall, wherever applicable, contain at least the

following elements:

–
a general description of the product and of its intended use,

–
conceptual design and manufacturing drawings and schemes of components, sub

assemblies, circuits, etc.

–
descriptions and explanations necessary for the understanding of those drawings and

schemes and the operation of the product,

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–
a list of the harmonised standards, common specification or other relevant technical

specifications the references of which have been published in the Official Journal of the

European Union, applied in full or in part, and descriptions of the solutions adopted to

meet the requirements where those harmonised standards have not been applied. In the

event of partly applied harmonised standards, the technical documentation shall specify

the parts which have been applied,

–
results of design calculations made, examinations carried out, etc.,

–
the results of measurements carried out in relation to ecodesign requirements, including

details of the conformity of these measurements as compared with the ecodesign

requirements set out in the delegated act adopted pursuant to Article 4,

–
test reports, and

–
a copy of the information provided in accordance with the information requirements

pursuant to Article 7,

3. Manufacturing

The manufacturer shall take all measures necessary so that the manufacturing process and its

monitoring ensure compliance of the product with the technical documentation referred to in

point 2 and with requirements of the delegated act adopted pursuant to Article 4.

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4. CE marking and EU declaration of conformity

The manufacturer shall affix the required conformity marking to each individual product that

satisfies requirements of the delegated act adopted pursuant to Article 4.

The manufacturer shall draw up a written declaration of conformity for each product model in

accordance with Article 37 and keep it, together with the technical documentation, at the

disposal of the competent national authorities for ten years after the product has been placed

on the market or put into service. The declaration of conformity shall identify the product for

which it has been drawn up.

A copy of the declaration of conformity shall be made available to the relevant authorities

upon request.

5. Authorised representative

The manufacturer's obligations set out in point 4 may be fulfilled by his or her authorised

representative, on his or her behalf and under his or her responsibility, provided that they are

specified in the mandate.

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**ANNEX V**

**EU declaration of conformity**

**(referred to in Article 37)**

The EU declaration of conformity shall contain the following elements:

(1) No … (unique identification of the product)

(2) Name and address of the manufacturer and, where applicable, its authorised representative;

(3) This EU declaration of conformity is issued under the sole responsibility of the manufacturer.

(4) Object of the declaration (description of the product sufficient for its unambiguous

identification and allowing traceability; it may, where necessary for the identification of the

~~EU fertilising~~ product, include an image);

(5) The object of the declaration described above is in conformity with this Regulation, the

delegated act adopted pursuant to Article 4 and, where applicable, other Union harmonisation

legislation;

(6) references to the relevant harmonised standards or to the common specifications used or

references to the other technical specifications in relation to which conformity is declared;

(7) where applicable, the notified body … (name, number) performed … (description of

intervention) and issued the certificate or approval decision … (number);

(8) where appropriate, the reference to other Union legislation providing for the affixing of the

CE mark that is applied; and

(9) the identification and signature of the person empowered to bind the manufacturer or its

authorised representative.

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(10) Additional information:

Signed for and on behalf of:

(place and date of issue):

(name, function) (signature):

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**ANNEX VI**

~~**Contents of delegated acts**~~

~~**(referred to in Article 4)**~~

~~The delegated acts adopted pursuant to Article 4 are to specify the following technical elements:~~

~~(1)~~ ~~the definition of the product groups covered;~~

~~(2)~~ ~~the ecodesign requirements for the product groups covered, in line with Article 4 and based~~

~~on the parameters referred to in Annex I;~~

~~(3)~~ ~~where relevant, the parameters referred to in Annex I for which no ecodesign requirement is~~

~~necessary;~~

~~(4)~~ ~~the test, measurement or calculation standards or methods to be used pursuant to Article 32;~~

~~(5)~~ ~~where relevant, the transitional methods, harmonised standards, the reference numbers of~~

~~which have been published in the~~ ~~_Official Journal of the European Union_~~ ~~, or common~~

~~specifications to be used;~~

~~(6)~~ ~~the conformity assessment module to be used pursuant to Article 4, second subparagraph, as~~

~~set out under Annex II to Decision 768/2008/EC. Where the module to be applied is different~~

~~from the module set out in Annex IV, the factors leading to the selection of that specific~~

~~procedure.~~

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~~Where different conformity assessment modules, referred to in Annex II to Decision~~

~~768/2008/EC, are to be used pursuant to other Union legislation for the same product, the~~

~~module defined in the delegated act adopted pursuant to Article 4 shall prevail for the~~

~~ecodesign requirement concerned;~~

~~(7)~~ ~~requirements on information to be provided by manufacturers, including on the elements of~~

~~the technical documentation to enable the verification of compliance of the product with the~~

~~ecodesign requirements. Where relevant, any additional information requirements pursuant to~~

~~Articles 30 and 31;~~

~~(8)~~ ~~implementation dates, any staged or transitional measure or periods, taking into account~~

~~possible impacts on~~ ~~SMEs or on specific product groups manufactured primarily by SMEs;~~

~~(9)~~ ~~the duration of the transitional period during which Member States are to permit the placing~~

~~on the market or putting into service of products, which comply with the regulations in force~~

~~in their territory on the date of adoption of the delegated acts adopted pursuant to Article 4;~~

~~(10) the date for the evaluation and possible revision of the delegated act, taking into account~~

~~technological progress.~~

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**ANNEX VII**

**Criteria for self-regulation measures**

**(referred to in Article 18)**

The following non-exhaustive list of ~~indicative~~ criteria **shall** ~~may~~ be used to assess self-regulation

measures **in accordance with Article 18** ~~as an alternative to a delegated act adopted pursuant to~~

~~Article 4 of this Regulation:~~

1. **Openness of participation**

Self-regulation measures must be open to the participation of any operators placing on the

market a product covered by the self-regulation measure, including third country operators

**and SMEs**, both in the preparatory and in the implementation phases. Economic operators

intending to establish a self-regulation measure should make a public announcement of their

intention to do so before the process of developing the measure is started.

2. **Sustainability and added value**

Self-regulation measures must respond to the policy objectives of this Regulation and must be

consistent with the economic and social dimensions of sustainable development. Self

regulation measures must have an integrated approach to the protection of the interests of

consumers, health, **environment,** quality of life and economic interests.

3. **Representativeness**

Industry and their associations taking part in a self-regulation measure must represent a large

majority of the relevant economic sector, in accordance with Article 18(3), first subparagraph,

point (b). Care must be taken to ensure respect for Union competition legislation, in particular

Article 101 of the Treaty on the Functioning of the European Union regarding anti

competitive agreements.

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4. **Quantified and staged objectives**

The objectives defined by the signatories in their self-regulation measures must be set in clear

and unambiguous terms, starting from a well-defined baseline. If the self-regulation measure

covers a long time-span, interim targets must be included. It must be possible to monitor

compliance with objectives and interim targets in an affordable and credible way using clear

and reliable indicators.

5. **Involvement of civil society**

With a view to ensuring transparency, self-regulation measures must be publicised, including

online and via other electronic means of disseminating information.

Stakeholders including Member States, industry, environmental NGOs and consumers’

associations must be invited to comment on a self-regulation measure.

6. **Monitoring and reporting**

An independent inspector must monitor compliance of signatories with the self-regulation

measure. The self-regulation measure must empower the independent inspector to verify

compliance with the requirements of the self-regulation measure. It must also lay down the

procedure to select an independent inspector and how it will be ensured that the inspector is

free of conflict of interest and has the necessary skills for verifying compliance with the

requirements set out in the self-regulation measure.

Every year, each signatory must report all the information and data necessary for the

independent inspector to reliably verify the signatory's compliance with the self-regulation

measure.

The independent inspector must draw up a compliance report at end of each one-year

reporting period.

Where a signatory has not complied with the requirements of the self-regulation measure, it

must take corrective action.

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# ANNEX VI COMPET.1 EN

**The results of any market surveillance activity conducted by a market surveillance**

**-**
**authority where non** **compliance with the SRM requirements has been identified, should**

**be taken into account by the independent inspector, in particular in the compliance**

**report, and corrective action shall be taken.**

7. **Cost-effectiveness of administering a self-regulation measure**

The cost of administering the self-regulation measure, in particular as regards monitoring,

must not lead to a disproportionate administrative burden, as compared to their objectives and

to other available policy instruments.

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# ANNEX VI COMPET.1 EN

**ANNEX VIII**

|Col1|Correlation table|
|---|---|
|**Directive 2009/125/EC**|**This Regulation**|
|**Article 1**|**Article 1**|
|**Article 2**|**Article 2**|
|**Article 3**|**- **|
|**Article 4**|**Article 23**|
|**Article 5**|**Articles 37-39**|
|**Article 6**|**Article 3**|
|**Article 7**|**Articles 63 to 65**|
|**Article 8**|**Articles 21, 36**|
|**Article 9**|**Article 34**|
|**Article 10**|**- **|
|**Article 11**|**Article 5(6)**|
|**Article 12**|**Article 62**|
|**Article 13**|**Article 19**|
|**Article 14**|**Article 7**|
|**Article 15**|**Articles 4 and 5**|
|**- **|**Article 8-15**|
|**Article 16**|**Article 16**|
|**Article 17**|**Article 18**|
|**Article 18**|**Articles 17**|
|**- **|**Article 20**|
||**Article 22**|
||**Articles 24-33**|
||**Article 35**|
||**Article 40-61**|
||**Article 66**|
|**Article 19**|**Article 67**|
|**Article 20**|**Article 68**|
|**Article 21**|**Article 69**|
|**Article 22**|**- **|

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# ANNEX VIII COMPET.1 EN

|Directive 2009/125/EC|This Regulation|
|---|---|
|**Article 23**|**- **|
|**Article 24**|**Article 70**|
|**Article 25**|**Article 71**<br>|
|**Article 26**|**- **|
|**ANNEX I**|**Articles 5, 7, ANNEX I**|
|**ANNEX II**|**ANNEX II**|
|**- **|**ANNEX III**|
|**ANNEX III**|**- **|
|**ANNEX IV**|**ANNEX IV**|
|**ANNEX V**|**- **|
|**ANNEX VI**|**ANNEX V**|
|**ANNEX VII**|**ANNEX VI**|
|**ANNEX VIII**|**ANNEX VII**|
|**ANNEX IX**|** -**|
|**ANNEX X**|**ANNEX VIII**|

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# ANNEX VIII COMPET.1 EN