1. When prioritising products to be covered by ecodesign requirements, the Commission shall analyse the potential contribution of those products to achieving Union climate, environmental and energy efficiency objectives, taking into account the following criteria:
(a)
the potential for improving the product aspects without entailing disproportionate costs, taking into account in particular:
(i)
the absence or insufficiency of Union law, or failure of market forces or of self-regulation measures to address the objective properly; and
(ii)
the disparity in the performance of products available on the market that have equivalent functionality in relation to the product aspects;
(b)
the volume of sales and trade of those products within the Union;
(c)
the distribution across the value chain of the climate and environmental impacts, energy use, resource use and waste generation concerning those products;
(d)
the need to regularly review and adapt delegated acts adopted pursuant to Article 4 in light of technological and market developments.
The Commission shall also strive to assess the potential contribution of those products to the functioning of the internal market and to the Union's economic resilience.
2. When prioritising aspects to be covered by horizontal ecodesign requirements, the Commission shall take into consideration the benefits of covering a wide range of products and product groups in the same delegated act in relation to reaching the objectives of this Regulation.
3. The Commission shall adopt a working plan and make it publicly available, together with the relevant preparatory documents (‘working plan’). The working plan shall set out a list of product groups which are to be prioritised for the setting of ecodesign requirements and the estimated timelines for their setting. That list shall include product aspects and product groups which are to be considered priorities for the setting of horizontal ecodesign requirements, as well as the unsold consumer products, if any, in relation to which the introduction of a prohibition of destruction by economic operators is to be considered, based on the consolidated information provided pursuant to Article 26 and any other available evidence.
The Commission shall in particular consider the inclusion of electrical and electronic equipment when it first identifies the products, if any, in relation to which it will consider introducing a prohibition of destruction by economic operators.
The working plan shall cover a period of at least three years and shall be regularly updated.
When adopting or updating the working plan, the Commission shall take into account the criteria set out in paragraphs 1 and 2.
4. The Commission shall present to the European Parliament a draft of the working plan before the adoption of the working plan.
5. In the first working plan, which shall be adopted by 19 April 2025, the Commission shall prioritise the following product groups:
(a)
iron and steel;
(b)
aluminium;
(c)
textiles, in particular garments and footwear;
(d)
furniture, including mattresses;
(e)
tyres;
(f)
detergents;
(g)
paints;
(h)
lubricants;
(i)
chemicals;
(j)
energy related products for which ecodesign requirements are to be set for the first time or for which existing measures adopted pursuant to Directive 2009/125/EC are to be reviewed under this Regulation; and
(k)
information and communication technology products and other electronics.
If any of the product groups referred to in the first subparagraph is not included in the first working plan or if any other product group is included, the Commission shall provide a justification for its decision in that working plan.
6. Where there is an absence of adequate performance requirements and information requirements concerning the environmental footprint and carbon footprint of cement under the construction products Regulation, the Commission shall set ecodesign requirements for cement in a delegated act adopted pursuant to Article 4 not earlier than 31 December 2028 and not later than 1 January 2030.
7. The Commission shall inform the European Parliament and the Council annually of the progress made in the implementation of the working plan.