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Rapporteur for the opinion of associated committees pursuant to Rule 57 of the Rules of Procedure:
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Edina Tóth, Committee on the Environment, Public Health and Food Safety
SHORT JUSTIFICATION
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Background of the Commission proposal
Symbols for procedures
In 2019, the European Commission presented the European Green Deal, which sets out a comprehensive strategy to transform the EU into a fair and prosperous society, with a climate-neutral, resource-efficient, clean and circular economy. To properly deliver the Commission’s legislative package, a number of EU policies should be updated accordingly. To that end, there is a need to envisage changes both in consumers and business behavior by amending two directives: the Unfair Commercial Practices Directive 2005/29/EC (‘UCPD’) and the Consumer Rights Directive 2011/83/EU (‘CRD’).
* Consultation procedure
According to a consumer survey carried out by the European Commission, the lack of reliable information about products’ environmental sustainability, reparability and lifespan features among the main obstacles preventing consumers from adopting more sustainable consumption behaviors. Therefore, empowering consumers and providing them with better information on the durability and reparability of certain products are key aspects of environmental sustainability.
*** Consent procedure
For these reasons, the present proposal of the European Commission corresponds to a strong and longstanding demand in implementing the European Green Deal, and a firm belief that consumers should be better protected against unfair commercial practices.
***I Ordinary legislative procedure (first reading)
The current proposal amending the UCPD aims at preventing certain unfair commercial practices, such as greenwashing, early obsolesce practices and the use of unreliable and non-transparent sustainability labels and information tools. At the same time, the updated CRD will ensure that consumers can contribute to the green transition by having better information on products’ environmental characteristics, the lifespan of goods and products’ reparability.
***II Ordinary legislative procedure (second reading)
Rapporteur’s position and amendments proposed
***III Ordinary legislative procedure (third reading)
The Rapporteur believes that the initiative on Empowering Consumers for the Green Transition is a first step to tackle vague, irrelevant, misleading or factually wrong claims. It clearly bans unsubstantiated generic claims, introduces new information requirements on product durability and reparability, and strengthens how environmental labels and information tools are regulated. However, in many instances, the proposed amendments fail to match the original ambition of the initiative.
(The type of procedure depends on the legal basis proposed by the draft act.)
The Rapporteur stresses that carbon neutral claims are highly misleading to consumers because they imply environmentally positive meaning, without any impact of products (or services) on the environment. These claims are often being justified by the company’s involvement in carbon offsetting or compensation projects, which are currently unregulated. At the same time, consumers are not sufficiently informed thereabout and have no means to verify whether these claims are indeed robust enough and reliable. The Rapporteur, therefore, suggests banning carbon neutral claims and labels.
Amendments to a draft act
The Rapporteur welcomes the Commission’s proposal on banning claims related to future environmental performances, however, she believes it is necessary to provide more clarity thereupon. For this reason, the requirements on claims related to future environmental performances should be further strengthened for the sake of effectively preventing that consumers are being misled.
Amendments by Parliament set out in two columns
The Rapporteur also points out that a large number of labels can be expected to flourish and their certification can be expected to be controlled. This will require the national legislator of each Member State to define the scope of the label in addition to updating the list of misleading commercial practices. After the legislative phase, there will be a certification phase for candidate labels. It is only after this certification phase that traders will be able to identify compliant labels and thus market the products. Hence, the Rapporteur believes that the transitional period of 24 months is rather short and should be prolonged to 36 months.
Deletions are indicated in bold italics in the left-hand column. Replacements are indicated in bold italics in both columns. New text is indicated in bold italics in the right-hand column.
The Rapporteur highlights that the Commission’s proposal introduces the reparability score and refers to an unspecified EU law for the method establishing the scoring system. She considers that the creation of scoring systems is urgent and therefore proposes to include provisions to that end in this proposal.
The first and second lines of the header of each amendment identify the relevant part of the draft act under consideration. If an amendment pertains to an existing act that the draft act is seeking to amend, the amendment heading includes a third line identifying the existing act and a fourth line identifying the provision in that act that Parliament wishes to amend.
Finally, the Rapporteur insists that the initiative will need to be strictly enforced to bring tangible results.
Amendments by Parliament in the form of a consolidated text
AMENDMENTS
New text is highlighted in bold italics. Deletions are indicated using either the ▌symbol or strikeout. Replacements are indicated by highlighting the new text in bold italics and by deleting or striking out the text that has been replaced.
The Committee on the Environment, Public Health and Food Safety calls on the Committee on the Internal Market and Consumer Protection, as the committee responsible, to take into account the following amendments:
By way of exception, purely technical changes made by the drafting departments in preparing the final text are not highlighted.
DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION
on the proposal for a directive of the European Parliament and of the Council on amending Directives 2005/29/EC and 2011/83/EU as regards empowering consumers for the green transition through better protection against unfair practices and better information
(COM(2022)0143 – C90128/2022 – 2022/0092(COD))
(Ordinary legislative procedure: first reading)
– having regard to the Commission proposal to Parliament and the Council (COM(2022)0143),
– having regard to Article 294(2) and Article 114 of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C90128/2022),
– having regard to Article 294(3) of the Treaty on the Functioning of the European Union,
– having regard to Rule 59 of its Rules of Procedure,
– having regard to the opinion of the Committee on the Environment, Public Health and Food Safety,
– having regard to the report of the Committee on the Internal Market and Consumer Protection (A90000/2022),
1. Adopts its position at first reading hereinafter set out;
2. Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal;
3. Instructs its President to forward its position to the Council, the Commission and the national parliaments.
Amendment 1
Proposal for a directive
Recital 41
Text proposed by the Commission
Amendment
(4) Environmental claims, in particular climate-related claims, increasingly relate to future performance in the form of a transition to carbon or climate neutrality, or a similar objective, by a certain date. Through such claims, traders create the impression that consumers contribute to a low-carbon economy by purchasing their products. To ensure the fairness and credibility of such claims, Article 6(2) of Directive 2005/29/EC should be amended to prohibit such claims, following a case-by-case assessment, when they are not supported by clear, objective and verifiable commitments and targets given by the trader. Such claims should also be supported by an independent monitoring system to monitor the progress of the trader with regard to the commitments and targets.
(1) In order to tackle unfair commercial practices which prevent consumers from making sustainable consumption choices, such as practices associated with the early obsolescence of goods, misleading environmental claims (“greenwashing”), non-transparent and non-credible sustainability labels or sustainability information tools, specific rules should be introduced in Union consumer law. This would enable national competent bodies to address those practices effectively. By ensuring that environmental claims are fair, consumers will be able to choose products that are genuinely better for the environment than competing products. This will encourage competition towards more environmentally sustainable products, thus reducing negative impact on the environment.
(4) Environmental claims, in particular climate-related claims, increasingly relate to future performance in the form of a transition to carbon or climate neutrality, or a similar objective, by a certain date. Through such claims, traders create the impression that consumers contribute to a low-carbon economy by purchasing their products. To ensure the fairness and credibility of such claims, Article 6(2) of Directive 2005/29/EC should be amended to prohibit such claims, following a case-by-case assessment, when they are based solely on carbon offsetting schemes or are not supported by clear, objective and verifiable commitments and targets given by the trader, including a detailed and realistic implementation plan to achieve the objectives set. That plan should include concrete and verifiable interim targets consistent with achieving the trader's long-term commitment, underpinned by a sufficient budget and based only on existing economically and technically viable technologies. The implementation plan, as well as the progress made throughout its implementation, should be made publicly available online and regularly reported upon by the trader. Claims should also be supported by an independent monitoring system to monitor the progress of the implementation plan, the trader’s commitments and targets. Claims related to future environmental performance should not be used on product level, as they could mislead as to the current environmental performance of the concrete product in question.
(1) In order to tackle unfair commercial practices which prevent and impede consumers from making sustainable consumption choices, such as practices associated with the early obsolescence of goods, hindering or preventing their servicing, misleading environmental claims (“greenwashing”), non-transparent and non-credible sustainability labels or sustainability information tools, specific rules should be introduced in Union consumer law. This would enable national competent bodies to address those practices effectively. By ensuring that environmental claims are truthful, clear and understandable, consumers will be able to choose products that are genuinely better for the environment than competing products. On the other hand, a transparent and coherent EU-wide consumer information system on the expected durability of purchased goods and their reparability, especially for electronic equipment, will not only help to protect the environment through reduced use of appliances but will also bring real savings for households. In addition, this will encourage competition towards more environmentally sustainable products, thus reducing negative impact on the environment.
Or. en
Amendment 2
Proposal for a directive
Recital 7
Recital 2 a (new)
Text proposed by the Commission
Amendment
(7) The displaying of sustainability labels which are not based on a certification scheme or not established by public authorities should be prohibited by including such practices in the list in Annex I to Directive 2005/29/EC. The certification scheme should fulfil minimum transparency and credibility conditions. The displaying of sustainability labels remains possible without a certification scheme where such labels are established by a public authority, or in case of additional forms of expression and presentation of food in accordance with Article 35 of Regulation (EU) No 1169/2011. This rule complements point 4 of Annex I to Directive 2005/29/EC which prohibits claiming that a trader, the commercial practices of a trader, or a product has been approved, endorsed or authorised by a public or private body when it has not, or making such a claim without complying with the terms of the approval, endorsement or authorisation.
(2a) This Directive should encourage the development of industry-led initiatives that meaningfully contribute to achieving the Union’s sustainability objectives. Such initiatives can play a role in encouraging behavioural change towards more sustainable choices.
(7) The displaying of sustainability labels or sustainability information tools which were not pre-approved by a national authority should be prohibited by including such practices in the list in Annex I to Directive 2005/29/EC. Sustainability labels or sustainability information tools that have been pre-approved by a competent national authority should be recognised by all Member States, according to the principle of mutual recognition, and should fulfil certain minimum requirements. The Commission should set out in a delegated act the minimum requirements for such labels and tools. The Commission should be empowered to adopt an implementing act to lay down the procedure for pre-approval of sustainability labels and sustainability information tools. Sustainability labels established by public authorities should be exempt from the pre-approval procedure. This rule complements point 4 of Annex I to Directive 2005/29/EC which prohibits claiming that a trader, the commercial practices of a trader, or a product has been approved, endorsed or authorised by a public or private body when it has not, or making such a claim without complying with the terms of the approval, endorsement or authorisation.
Or. en
Amendment 3
Proposal for a directive
Recital 9 a (new)
Recital 3
Text proposed by the Commission
Amendment
(9a) Annex I to Directive 2005/29/EC should also be amended to prohibit environmental claims being made that state that a good has a neutral or positive carbon emissions’ impact on the environment. Examples of such environmental claims are ‘carbon neutral’, ‘carbon positive’, ‘climate neutral’, ‘CO2 neutral’, ‘carbon neutral certified’. Such claims should be prohibited as they imply carbon emissions’ neutrality which is scientifically impossible to substantiate. Sustainability labels containing environmental claims should also be prohibited.
(3) In order to deter traders from deceiving consumers as regards the environmental or social impact, durability or reparability of their products, including through the overall presentation of the products, Article 6(1) of Directive 2005/29/EC should be amended by adding the environmental or social impact, durability and reparability of the product to the list of the main characteristics of the product in respect of which the trader’s practices can be considered misleading, following a case-by-case assessment. Information provided by traders on the social sustainability of products, such as working conditions, charity contributions or animal welfare, should not mislead consumers either.
Or. en
(3) In order to deter traders from deceiving consumers as regards the environmental or social impact, durability, reparability, upgradability, reusability, recyclability, single-use nature and the right to return to the producer of their products, including through the overall presentation of the products, Article 6(1) of Directive 2005/29/EC should be amended by adding the environmental or social impact through the whole value chain, durability, reparability, upgradability, reusability, recyclability, single-use nature, and the right to return to the producer of the product to the list of the main characteristics of the product in respect of which the trader’s practices can be considered misleading, following a case-by-case assessment.. Information provided by traders on the social sustainability of products, such as working conditions, charity contributions or animal welfare, should not mislead consumers either.
Amendment 4
Proposal for a directive
Recital 143 a (new)
Text proposed by the Commission
Amendment
(14a) In order to improve consumer welfare, the amendments to Annex I to Directive 2005/29/EC should also address the way in which software updates are presented to consumers. The bundling of security updates with other types of updates, such as feature or functionality updates, should be prohibited in order to ensure that consumers are protected from unwanted content when making their purchasing decision. To further strengthen consumer information, consumers should in all cases be informed in a clear and understandable manner whether the update is necessary to keep the product in conformity.
(3a) Where manufacturers face challenges in providing accurate information on durability due to the sourcing of different parts from different sellers or supply chains, sufficient time for implementation is to be foreseen to allow accurate information to be gathered.
Or. en
Justification
Manufacturers should be in the position to provide the information required on the durability of the product.
Amendment 5
Proposal for a directive
Recital 15
Recital 3 b (new)
Text proposed by the Commission
Amendment
(15) It should be prohibited to omit to inform the consumer that a software update, including a security update, will negatively impact the use of goods with digital elements or certain features of those goods, even if the update improves the functioning of other features. For example, when inviting consumers to update the operating system on their smartphone, the trader will have to inform the consumer if such an update will negatively impact the functioning of any of the features of the smartphone.
(3b) In order to provide the correct amount of information to the consumers, the different degrees of information already provided to the consumers in each Member State should be taken into account.
(15) It should be prohibited to supply a software update, including a security update, which will negatively impact the use of goods with digital elements or certain features of those goods, even if the update improves the functioning of other features.
Justification
Or. en
In some Member States several ways to communicate properly exist already. Some use advisory services of the organisations that take care of testing the products to explain and communicate. Ensuring that the different levels of information in Member States are considered will enhance the effectiveness of this proposal.
Amendment 6
Proposal for a directive
Recital 4
Text proposed by the Commission
Amendment
(4) Environmental claims, in particular climate-related claims, increasingly relate to future performance in the form of a transition to carbon or climate neutrality, or a similar objective, by a certain date. Through such claims, traders create the impression that consumers contribute to a low-carbon economy by purchasing their products. To ensure the fairness and credibility of such claims, Article 6(2) of Directive 2005/29/EC should be amended to prohibit such claims, following a case-by-case assessment, when they are not supported by clear, objective and verifiable commitments and targets given by the trader. Such claims should also be supported by an independent monitoring system to monitor the progress of the trader with regard to the commitments and targets.
(4) Environmental claims, in particular climate-related claims, increasingly relate to future performance in the form of a transition to carbon or climate neutrality, or a similar objective, by a certain date. Through such claims, traders create the impression that consumers contribute to a low-carbon economy by purchasing their products. To ensure the fairness and credibility of such claims, Article 6(2) of Directive 2005/29/EC should be amended to prohibit such claims, following a case-by-case assessment, when they are not supported by clear, objective and verifiable commitments and targets given by the trader, including a detailed implementation plan to achieve the objectives set. That plan should include concrete and verifiable interim targets consistent with achieving the trader's long-term commitment, underpinned by a sufficient budget and based only on widely available technologies. That plan, as well as the progress made throughout its implementation, should be made publicly available online and regularly reported upon by the trader. Claims should also be supported by an independent monitoring system to monitor the progress of the implementation plan, the trader’s commitments and targets. Claims related to future environmental performance should not be used on product level, as they could mislead as to the current environmental performance of the concrete product in question. Specific provisions on claims of future environmental performance based on offsetting should be set out in and aligned to a future Union legislative act on green claims'
Amendment 7
Proposal for a directive
Recital 5
Text proposed by the Commission
Amendment
(5) Another potentially misleading commercial practice which should be added to the specific practices targeted by Article 6(2) of Directive 2005/29/EC is advertising benefits for consumers that are actually a common practice in the relevant market. For example, if the absence of a chemical substance is a common practice in a specific product market, its promotion as a distinctive feature of the product could constitute an unfair commercial practice.
(5) Another potentially misleading commercial practice which should be added to the specific practices targeted by Article 6(2) of Directive 2005/29/EC is advertising benefits for consumers that are actually a common practice in the relevant market. For example, if the absence of a chemical substance is a common practice in a specific product market, its promotion as a distinctive feature of the product could constitute an unfair commercial practice. It is therefore in essence advertising the uniqueness of something that is, in fact, common practice.
Amendment 8
Proposal for a directive
Recital 7
Text proposed by the Commission
Amendment
(7) The displaying of sustainability labels which are not based on a certification scheme or not established by public authorities should be prohibited by including such practices in the list in Annex I to Directive 2005/29/EC. The certification scheme should fulfil minimum transparency and credibility conditions. The displaying of sustainability labels remains possible without a certification scheme where such labels are established by a public authority, or in case of additional forms of expression and presentation of food in accordance with Article 35 of Regulation (EU) No 1169/2011. This rule complements point 4 of Annex I to Directive 2005/29/EC which prohibits claiming that a trader, the commercial practices of a trader, or a product has been approved, endorsed or authorised by a public or private body when it has not, or making such a claim without complying with the terms of the approval, endorsement or authorisation.
(7) The displaying of sustainability labels or sustainability information tools which were not pre-approved by a Union body or a national authority and which are not based on an accredited certification scheme or not established by public authorities should be prohibited by including such practices in the list in Annex I to Directive 2005/29/EC. Sustainability labels or sustainability information tools that have been pre-approved should be recognised by all Member States according to the principle of mutual recognition and should fulfil certain minimum requirements. The Commission should be empowered to adopt delegated acts to set out the minimum requirements for such labels and tools. The certification scheme should fulfil transparency and credibility conditions consistent with the United Nations Environment Programme guidelines on product sustainability information and should be accredited in accordance with Regulation (EC) No 765/2008 of the European Parliament and of the Council1a. The displaying of sustainability labels remains possible without a certification scheme where such labels are established by a public authority, or in case of additional forms of expression and presentation of food in accordance with Article 35 of Regulation (EU) No 1169/2011. This rule complements point 4 of Annex I to Directive 2005/29/EC which prohibits claiming that a trader, the commercial practices of a trader, or a product has been approved, endorsed or authorised by a public or private body when it has not, or making such a claim without complying with the terms of the approval, endorsement or authorisation.
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1a 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).
Amendment 9
Proposal for a directive
Recital 8
Text proposed by the Commission
Amendment
(8) In cases where the displaying of a sustainability label involves a commercial communication that suggests or creates the impression that a product has a positive or no impact on the environment, or is less damaging to the environment than competing products, that sustainability label also should be considered as constituting an environmental claim.
(8) In cases where the displaying of a sustainability label involves a commercial communication that states or suggests that a product has a positive, minor or no impact on the environment, or is less damaging to the environment than competing products, that sustainability label also should be considered as constituting an environmental claim.
Amendment 10
Proposal for a directive
Recital 8 a (new)
Text proposed by the Commission
Amendment
(8a) Sustainability labels should be accessible to all businesses regardless of their size and financial capability. Certification schemes and sustainability labels that foster the incremental or substantial uptake of sustainable practices by microbusinesses, small and medium enterprises should be encouraged.
Amendment 11
Proposal for a directive
Recital 8 b (new)
Text proposed by the Commission
Amendment
(8b) To support innovation and investment in sustainable practices and products, industry-led and private-label initiatives which meet high sustainability standards based on third-party certifications will continue to play a key role in the green transition.
Justification
Restricting only to labels that are open to all traders would reduce the scope of relevant sustainability information that can be shared with consumers.
Amendment 12
Proposal for a directive
Recital 9
Text proposed by the Commission
Amendment
(9) Annex I to Directive 2005/29/EC should also be amended to prohibit making generic environmental claims without recognised excellent environmental performance which is relevant to the claim. Examples of such generic environmental claims are ‘environmentally friendly’, ‘eco-friendly’, ‘eco’, ‘green’, ‘nature’s friend’, ‘ecological’, ‘environmentally correct’, ‘climate friendly’, ‘gentle on the environment’, ‘carbon friendly’, ‘carbon neutral’, ‘carbon positive’, ‘climate neutral’, ‘energy efficient’, ‘biodegradable’, ‘biobased’ or similar statements, as well as broader statements such as ‘conscious’ or ‘responsible’ that suggest or create the impression of excellent environmental performance. Such generic environmental claims should be prohibited whenever there is no excellent environmental performance demonstrated or whenever the specification of the claim is not provided in clear and prominent terms on the same medium, such as the same advertising spot, product’s packaging or online selling interface. For example, the claim ‘biodegradable’, referring to a product, would be a generic claim, whilst claiming that ‘the packaging is biodegradable through home composting in one month’ would be a specific claim, which does not fall under this prohibition.
(9) Annex I to Directive 2005/29/EC should also be amended to prohibit making generic environmental claims without recognised excellent environmental performance which is relevant to the claim. Examples of such generic environmental claims are ‘sustainable’, ‘environmentally friendly’, ‘eco-friendly’, ‘eco’, ‘green’, ‘nature’s friend’, ‘ecological’, ‘environmentally correct’, ‘climate friendly’, ‘gentle on the environment’, ‘carbon friendly’, ‘carbon neutral’, ‘carbon positive’, ‘carbon compensated’, ‘climate neutral’, ‘plastic neutral’, ‘energy efficient’, ‘biodegradable’, ‘biobased’, deforestation-free or similar statements, as well as broader statements such as ‘conscious’ or ‘responsible’ that suggest or create the impression of excellent environmental performance. Such generic environmental claims should be prohibited whenever there is no excellent environmental performance demonstrated or whenever the specification of the claim, , is not provided in clear and prominent terms in the immediate proximity of the claim on the same medium, such as the same advertising spot, product’s packaging or online selling interface. Specific provisions on claims related to offsetting should be set out in and aligned to a future Union legislative act on green claims.
Amendment 13
Proposal for a directive
Recital 9 a (new)
Text proposed by the Commission
Amendment
(9a) Annex I to Directive 2005/29/EC should also be amended to prohibit making specific environmental claims whenever the specification of the claim is not based on standards or transparent methods using science-based assessment tools such as the updated Product Environmental Footprint set out in Commission Recommendation (EU) 2021/22791a or, where relevant, equivalent methods allowed under Regulation (EU) …/... [ecodesign for sustainable products Regulation] or established under Union, national law, or international law that meets Union's standards.
Amendment 14
Proposal for a directive
Recital 14
Text proposed by the Commission
Amendment
(14) In order to improve the welfare of consumers, the amendments to Annex I to Directive 2005/29/EC should also address several practices associated with early obsolescence, including planned obsolescence practices, understood as a commercial policy involving deliberately planning or designing a product with a limited useful life so that it prematurely becomes obsolete or non-functional after a certain period of time. Purchasing products that are expected to last longer than they actually do causes consumer detriment. Furthermore, early obsolescence practices have an overall negative impact on the environment in the form of increased material waste. Therefore, addressing those practices are also likely to reduce the amount of waste, contributing to a more sustainable consumption.
(14) In order to improve the welfare of consumers and contribute to the achievement of the European Green Deal’s objectives, the amendments to Annex I to Directive 2005/29/EC should also address several practices associated with early obsolescence, including planned obsolescence practices, understood as a commercial policy involving deliberately planning or designing a product with a limited useful life so that it prematurely becomes obsolete or non-functional after a certain period of time. Purchasing products that are expected to last longer than they actually do causes consumer detriment. Furthermore, early obsolescence practices have an overall negative impact on the environment in the form of increased material waste. Therefore, tackling such abuse is also likely to reduce the amount of waste and the unnecessary consumption of resources, contributing thereby to a more sustainable consumption. The practices of planned obsolescence and planned failure of products should be prohibited.
Amendment 15
Proposal for a directive
Recital 14 a (new)
Text proposed by the Commission
Amendment
(14a) In order to improve the welfare of the consumer , the amendments to Annex I to Directive 2005/29/EC should also address the way in which software updates are presented to consumers. The bundling of security updates with other types of updates, such as feature or functionality updates, should be prohibited in order to ensure that consumers are protected from unwanted content when making their purchasing decision. To further strengthen consumer information, consumers should in all cases be informed in a clear and understandable manner whether the update is necessary to keep the product inconformity.
Amendment 16
Proposal for a directive
Recital 16
(16) It should also be prohibited to omit to inform the consumer about the existence of a feature of the good introduced to limit its durability. For example, such a feature could be software which stops or downgrades the functionality of the good after a particular period of time, or it could be a piece of hardware which is designed to fail after a particular period of time. The prohibition of omitting to inform consumers of such features of the goods complements and does not affect the remedies available to consumers when they constitute a lack of conformity under Directive (EU) 2019/771 of the European Parliament and of the Council26 . For such a commercial practice to be considered unfair, it should not be necessary to demonstrate that the purpose of the feature is to stimulate the replacement of the respective good. The use of features limiting the durability of the goods should be distinguished from manufacturing practices using materials or processes of general low quality resulting in limited durability of the goods. Lack of conformity of a good resulting from the use of low quality materials or processes should continue to be governed by the rules on the conformity of goods set out in Directive (EU) 2019/771.
(16) It should also be prohibited to introduceplan aequipment featurefailure ofor theintentionally equip a good with functions that limitsspecifically limit its durability.useful life. For example, such a feature could be software which stops or downgrades the functionality of the good after a particular period of time, or it could be a piece of hardware which is designed to fail after a particular period of time. TheSuch prohibition to introduce such features of thecomplements goodsand does not affect the remedies available to consumers when they constitute a lack of conformity under Directive (EU) 2019/771 of the European Parliament and of the Council26 . For such a commercial practice to be considered unfair, it should not be necessary to demonstrate that the purpose of the featurefunction is to stimulate the replacement of the respective good. The use of features limiting the durability of the goods should be distinguished from manufacturing practices using materials or processes of general low quality resulting in limited durability of the goods. Lack of conformity of a good resulting from the use of low quality materials or processes should continue to be governed by the rules on the conformity of goods set out in Directive (EU) 2019/771.
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26 Directive (EU) 2019/771 of the European Parliament and of the Council of 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. 28).
Or. en
Amendment 17
Amendment 7
Proposal for a directive
(18) Similarly, Annex I to Directive 2005/29/EC should also be amended to prohibit marketing a good as reparable where it does not allow repair in accordance with legal requirements. In addition, Annex I to Directive 2005/29/EC should also be amended to ensure that the consumer is always informed of repair restrictions such as the unavailability of repair services, the unavailability of spare parts or the refusal to repair in the event that the product has been repaired by an individual other than an authorised or licensed repair professional within the distribution network.
Or. en
Amendment 18
Amendment 8
Proposal for a directive
(20) Another practice associated with early obsolescence which should be prohibited and added to the list in Annex I to Directive 2005/29/EC is marketing goods that require replacing the consumables earlier than would otherwise be necessary for technical reasons. Such practices mislead the consumer into believing that the goods will no longer function unless their consumables are replaced, thus leading them to purchase more consumables than necessary. For example, marketing a printer that requires consumers to replace the printer ink cartridges before they are actually empty in order to stimulate the purchase of additional ink cartridges would be prohibited.
Or. en
Amendment 19
Amendment 9
Proposal for a directive
(21) Annex I to Directive 2005/29/EC should also be amended to prohibit omitting to inform the consumer that the good is designed to limit its functionality when using consumables, spare parts or accessories that are not provided by the original producer. For example, the marketing of printers that are designed to limit their functionality when using ink cartridges not provided by the original producer of the printer without disclosing this information to the consumer would be prohibited. This practice could mislead consumers into purchasing an alternative ink cartridge which cannot be used for that printer, thus leading to unnecessary repair costs, waste streams or additional costs due to the obligation to use the original producer’s consumables which the consumer could not foresee at the time of purchase. Similarly, marketing smart devices designed to limit their functionality when using chargers or spare parts that are not provided by the original producer without disclosing this information to the consumer would be prohibited as well.
(21) Annex I to Directive 2005/29/EC should also be amended to prohibit marketingthe goodsmarketing thatof area designedgood inthat ais waydesigned thatto limitslimit theirits functionality when using consumables, spare parts or accessories that are not provided by the original producer. For example, the marketing of printers that are designed to limit their functionality when using ink cartridges not provided by the original producer of the printer without disclosing this information to the consumer would be prohibited. This practice could mislead consumers into purchasing an alternative ink cartridge which cannot be used for that printer, thus leading to unnecessary repair costs, waste streams or additional costs due to the obligation to use the original producer’s consumables which the consumer could not foresee at the time of purchase. Similarly, marketing smart devices designed to limit their functionality when using chargers or spare parts that are not provided by the original producer would be prohibited as well.
Or. en
Amendment 20
Amendment 10
Proposal for a directive
Recital 22
Text proposed by the Commission
Amendment
(22) In order for consumers to take better informed decisions and stimulate the demand for, and the supply of, more durable goods, specific information about a product’s durability and reparability should be provided for all types of goods before concluding the contract. Moreover, as regards goods with digital elements, digital content and digital services, consumers should be informed about the period of time during which free software updates are available. Therefore, Directive 2011/83/EU of the European Parliament and of the Council27 should be amended to provide consumers with pre-contractual information about durability, reparability and the availability of updates. Information should be provided to consumers in a clear and comprehensible manner and in line with the accessibility requirements of Directive 2019/88228. The obligation to provide this information to consumers complements and does not affect the rights of consumers provided in Directives (EU) 2019/77029 and (EU) 2019/77130 of the European Parliament and of the Council.
(22) In order for consumers to take better informed decisions and stimulate the demand for, and the supply of, more durable goods, specific information about a product’s durability and reparability should be provided for all types of goods before concluding the contract. Moreover, as regards goods with digital elements, digital content and digital services, consumers should be informed about the period of time during which free software updates are available. It should include separate information about availability of security updates and about functionality updates that should be provided independently. Therefore, Directive 2011/83/EU of the European Parliament and of the Council27 should be amended to provide consumers with pre-contractual information about durability, reparability and the availability of updates. Information should be provided to consumers in a clear and comprehensible manner and in line with the accessibility requirements of Directive 2019/88228. The obligation to provide this information to consumers complements and does not affect the rights of consumers provided in Directives (EU) 2019/77029 and (EU) 2019/77130 of the European Parliament and of the Council. Information on the durability and reparability of a product for all types of goods should be provided in a way that is easily accessible to and understandable for consumers, in the official EU language or languages of the Member State in whose territory the good is placed on the market and put into service.
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27 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).
27 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).
28 Directive 2019/882/EU of the European Parliament and of the Council of 17 April 2019 on the accessibility requirements for products and services (OJ L 151, 7.6.2019, p. 70).
28 Directive 2019/882/EU of the European Parliament and of the Council of 17 April 2019 on the accessibility requirements for products and services (OJ L 151, 7.6.2019, p. 70).
29 Directive (EU) 2019/770 of the European Parliament and of the Council of 20 May 2019 on certain aspects concerning contracts for the supply of digital content and digital services (OJ L 136, 22.5.2019, p. 1).
29 Directive (EU) 2019/770 of the European Parliament and of the Council of 20 May 2019 on certain aspects concerning contracts for the supply of digital content and digital services (OJ L 136, 22.5.2019, p. 1).
30 Directive (EU) 2019/771 of the European Parliament and of the Council of 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. 28).
30 Directive (EU) 2019/771 of the European Parliament and of the Council of 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. 28).
Amendment 21
Proposal for a directive
Recital 23
(23) A good indicator of a good’s durability is the producer’s commercial guarantee of durability within the meaning of Article 17 of Directive (EU) 2019/771. Therefore, Directive 2011/83/EU should be amended to specifically require traders selling goods to inform consumers about the existence of the producer’s commercial guarantee of durability for all types of goods, where the producer makes this information available.
(23) A good indicator of a good’s durability is the duration of the legal guarantee of conformity, including the voluntary extensions provided by the trader or the producer without additional cost to the consumer, as well as the producer’s commercial guarantee of durability within the meaning of Article 17 of Directive (EU) 2019/771 if provided without additional cost.2019/771. Therefore, Directive 2011/83/EU should be amended to specifically require traders to provide, before the conclusion of the contract, a guaranteed lifespan label. Such a labelselling should,goods asto ainform minimum,consumers displayabout the lengthexistence of the legalproducer’s commercial guarantee of conformity during which the remedies laid downdurability infor Articleall 13types of Directive (EU) 2019/771 will be availablegoods, towhere the consumer, asproducer wellmakes asthis anyinformation voluntaryavailable. extensionThis ofhowever theshould guaranteenot providedapply withoutto additionalsecond-hand cost.goods.
Or. en
Amendment 22
Amendment 11
Proposal for a directive
Recital 23 a (new)
Text proposed by the Commission
Amendment
(23a) Another observed commercial practice which should be classified as unfair in all circumstances is where the manufacturer applies different warranty and repair conditions for the same product model depending on the Member State in which the product is to be placed on the market; for example, for the same washing machine model a manufacturer offers a five-year warranty in one Member State and only three years in another, which creates discrimination and double standards in the treatment of consumers in the target markets; without prejudice to the provisions of Article 17 of Directive 2019/771, such practices should be prohibited.
Amendment 23
Proposal for a directive
Recital 24
deleted
Or. en
Amendment 24
Amendment 12
Proposal for a directive
deleted
Or. en
Amendment 25
Amendment 13
Proposal for a directive
Recital 26
Recital 25 a (new)
Text proposed by the Commission
Amendment
(26) In view of the established minimum duration of two years of the seller’s liability for lack of conformity in accordance with Directive (EU) 2019/771 and the fact that many product failures occur after two years, the trader’s obligation to inform consumers about the existence and duration of the producer’s commercial guarantee of durability should apply to guarantees that are of more than two years.
(25a) The second-hand market plays a contributory role in the green transition, therefore to facilitate its specificities the legal and commercial guarantees of durability should be attached to the goods, not the sellers.
deleted
Amendment 26
Or. en
Amendment 14
Proposal for a directive
Recital 2726
Text proposed by the Commission
Amendment
(27)(26) In orderview toof makethe itestablished easierminimum duration of two years of the seller’s liability for consumerslack toof takeconformity anin informedaccordance transactionalwith decisionDirective when(EU) comparing2019/771 goodsand beforethe concludingfact athat contract,many tradersproduct shouldfailures occur after two years, the trader’s obligation to inform consumers about the existence and duration,duration of the producer’s commercial guarantee of durability for theshould entireapply goodto andguarantees notthat forare specificof componentsmore ofthan thetwo good.years.
(27) In order to make it easier for consumers to take an informed transactional decision when comparing goods before concluding a contract, traders and producers should include, on the guaranteed lifespan label, information on the period of the voluntary extension to the legal guarantee , only where it applies for the entire good and not for specific components of the good.
deleted
Or. en
Amendment 27
Amendment 15
Proposal for a directive
deleted
Or. en
Amendment 28
Amendment 16
Proposal for a directive
(29) To promote competition between producers as regards the durability of goods with digital elements the traders selling those goods should inform consumers about the minimum period of time during which the producer will provide software updates for such goods including, as a minimum, the mandatory period for which the updates should be provided in accordance with Union law.
Or. en
Amendment 29
Amendment 17
Proposal for a directive
(30) Likewise, traders offering digital content and digital services should also inform consumers about the minimum period during which the provider of the digital content or digital service, where the provider is different from the trader, commits to provide software updates, including security updates, necessary to keep the digital content and digital services in conformity. Information about the provider’s commitment to provide software updates is relevant only where the contract provides for a single act of supply or a series of individual acts of supply in respect of which Article 8(2), point (b), of Directive 2019/770 applies. In contrast, there should be no new obligation to provide that information where the contract provides for a continuous supply over a period of time, since for these contracts Article 8(2), point (a) of Directive (EU) 2019/770 specifies the period of time during which the trader is to ensure that the consumer is informed of and supplied with updates.
(30) Likewise, traders offering digital content and digital services should also inform consumers about the minimum period during which the provider of the digital content or digital service, where the provider is different from the trader, will provide software updates, including security updates, necessary to keep the digital content and digital services in conformity. This information shallshould include, as a minimum, the mandatory period for which the updates should be provided in accordance with Union law. The provider will provide this information to the trader in all cases.
Or. en
Amendment 30
Amendment 18
Proposal for a directive
(31) To allow consumers to make an informed transactional decision and choose goods that are easier to repair, traders should provide, before the conclusion of the contract, for all types of goods, where applicable, the reparability score of the good as provided by the producer in accordance with Union law.
(31) To allow consumers to make an informed transactional decision and choose goods that are easier to repair, traders should provide, before the conclusion of the contract, for all types of goods, where applicable, the reparability score of the good as provided by the producer in accordance with Union law. Until such a reparability score is established under Union law,or national law providing for reparability scores applies.law.
Or. en
Amendment 31
Amendment 19
Proposal for a directive
(32) Pursuant to Article 5(1), point (e), and Article 6(1), point (m), of Directive 2011/83/EU traders are obliged to provide the consumer before the consumer is bound by the contract with information on the existence and the conditions of after-sales services, including repair services, where such services are provided. In addition, in order to ensure that consumers are well informed about the reparability of the goods they purchase, where a reparability score is not established in accordance with Union law, traders should provide, for all types of goods, other relevant repair information that is made available by the producer, such as information about the availability of spare parts, and a user and repair manual.
(32) Pursuant to Article 5(1), point (e), and Article 6(1),point6(1), point (m), of Directive 2011/83/EU traders are obliged to provide the consumer before the consumer is bound by the contract with information on the existence and the conditions of after-sales services, including repair services.services, where such services are provided. In addition, in order to ensure that consumers are well informed about the reparability of the goods they purchase, where a reparability score is not established,established in accordance with Union law, traders should provide, for all types of goods, other relevant repair information, such as information about the availability and affordability of the spare parts necessary tofor the repair aof good,products, including the length of the period during which sparethey partswill andbe accessoriesavailable, areand available,where applicable, the procedureexpected formaximum orderingpre-tax them,price during the availabilitymandatory ofperiod aof useravailability andof repairspare manualparts asestablished wellunder asthe repairEcodesign toolsDirective and services. Thisthe informationprocedure shouldof beordering providedthem, toand the respectiveavailability tradersof byuser theand producersrepair ofmanuals, therepair goods.tools and services.
Or. en
Amendment 32
Amendment 20
Proposal for a directive
(33) In particular, as regards goods, the trader should convey to consumers this information before the conclusion of the contract, by indicating it on the product itself, its packaging or tags and labels that the consumer would normally consult before concluding the contract. The trader should not be required to actively search for commitments from the producer that go beyond what is required by Union law, for example, on the product-specific websites.
Or. en
Amendment 33
Amendment 21
Proposal for a directive
Recital 33 a (new)
Text proposed by the Commission
Amendment
(33a) Since provisions of this Directive may place a certain burden on national authorities and the SME sector, additional guidelines and administrative support should be foreseen by the Commission and the national authorities and provided to the SMEs.
Amendment 34
Proposal for a directive
Recital 35 a (new)
Text proposed by the Commission
Amendment
(35a) In order to facilitate effective enforcement especially with regard to third countries, it is necessary for increased resources to be made available to the competent authorities to enable them to clarify if manufacturers or distributors were forced to make falsified statements about the lifespan of a product, as such an action would undermine the integrity of the internal market. Therefore, to avoid fraud, non-compliance and lower standards with imports increased vigilance and monitoring by the competent authorities on all sides will be required, particularly in relation to online marketplaces.
Justification
If third countries would not follow the EU in this regard, the issues that this proposal is trying to solve would still remain, as many products are directly imported from third countries.
Amendment 35
Proposal for a directive
Recital 35 b (new)
Text proposed by the Commission
Amendment
(35b) To enable the consumers to fully understand the information they receive, the information provided should be clear and precise. Additional or superfluous information could lead to confusion.
Justification
It is important to avoid confusing the consumer with an overload of information. Instead, there is need for a precise communication.
Amendment 36
Proposal for a directive
Article 1 – paragraph 1 – point 1
Directive 2005/29/EC
Article 2 – paragraph 1 – point o
Text proposed by the Commission
Amendment
(o) ‘environmental claim’ means any message or representation, which is not mandatory under Union law or national law, including text, pictorial, graphic or symbolic representation, in any form, including labels, brand names, company names or product names, in the context of a commercial communication, which states or implies that a product or trader has a positive or no impact on the environment or is less damaging to the environment than other products or traders, respectively, or has improved their impact over time;
(o) ‘environmental claim’ means any message or representation, which is not mandatory under Union law or national law, including text, pictorial, graphic or symbolic representation, in any form, including labels, brand names, company names or product names, in the context of a commercial communication, which states or indicates that a product or trader has a positive, minor or no impact on the environment or is less damaging to the environment than other products or traders, respectively, or has improved their impact over time;
Justification
The original wording could lead to a vast scope of interpretations to be considered as environmental claims. It would lead to a high degree of uncertainty as to the applicable legal framework.
Amendment 37
Proposal for a directive
Article 1 – paragraph 1 – point 1
Directive 2005/29/EC
Article 2 – paragraph 1 – point p
Text proposed by the Commission
Amendment
(p) ‘explicit environmental claim’ means an environmental claim that is in textual form or contained in a sustainability label;
deleted
Amendment 38
Proposal for a directive
Article 1 – paragraph 1 – point 1
Directive 2005/29/EC
Article 2 – paragraph 1 – point q
Text proposed by the Commission
Amendment
(q) ‘generic environmental claim’ means any explicit environmental claim, not contained in a sustainability label, where the specification of the claim is not provided in clear and prominent terms on the same medium;
(q) ‘generic environmental claim’ means any environmental claim in any form, not contained in a sustainability label or in a sustainability information tool, where the specification of the claim is not provided in clear and prominent terms on the same medium, or displayed digitally to the consumer at the point of purchase;
Amendment 39
Proposal for a directive
Article 1 – paragraph 1 – point 1
Directive 2005/29/EC
Article 2 – paragraph 1 – point q a (new)
Text proposed by the Commission
Amendment
(qa) ‘specific environmental claim’ means an environmental claim in any form, not contained in a sustainability label, where the specification of the claim is provided in clear and prominent terms on the same medium;
Amendment 40
Proposal for a directive
Article 1 – paragraph 1 – point 1
Directive 2005/29/EC
Article 2 – paragraph 1 – point r
Text proposed by the Commission
Amendment
(r) ‘sustainability label’ means any voluntary trust mark, quality mark or equivalent, either public or private, that aims to set apart and promote a product, a process or a business with reference to its environmental or social aspects or both. This does not cover any mandatory label required in accordance with Union or national law;
(r) ‘sustainability label’ means any voluntary trust mark, quality mark or equivalent, either public or private, that is implemented with the aim to set apart and promote a product, a process or a business with reference to its environmental or social aspects or both and for which criteria are publicly available, developed and periodically updated in independent processes and reflecting improvements compared to common practice in the relevant market or Union minimum product requirements, if applicable. This does not cover any mandatory label required in accordance with Union or national law. Sustainability labels not established by national authorities shall, as a minimum, be in line with the EN ISO 14024 type 1 standard;
Amendment 41
Proposal for a directive
Article 1 – paragraph 1 – point 1
Directive 2005/29/EC
Article 2 – paragraph 1 – point r a (new)
Amendment
(ra) ‘pre-approval of sustainability labels or sustainability information tools’ means an ex-ante conformity assessment to be performed by a Union body or competent national authority;authority’;
Or. en
Amendment 42
Amendment 22
Proposal for a directive
(s) ‘certification scheme’ means a third-party verification scheme that is open under transparent, fair and non-discriminatory terms to all traders willing and able to comply with the scheme’s requirements, which certifies that a product complies with certain requirements, and for which the monitoring of compliance is objective, based on international, Union or national standards and procedures and carried out by a party independent from both the scheme owner and the trader;
(s) ‘certification scheme’ means a third-party verification scheme related to a sustainability label and tools that is open under publicly available, transparent, fair and non-discriminatory terms to all traders willing and able to comply with the scheme’s requirements, which certifies that a product complies with certain publicly available and independently developed requirements reflecting a significant improvement on the otherwise applicable product law, and for which the monitoring of compliance isand awarding of the certificate are objective, based on transparent and non-discriminatory procedures, as well as international, Union or national standards and procedures and impartially carried out by a party independent from both the scheme owner and the trader; and which includes a system for complaints for external stakeholders focused on possible non-compliance and allows for withdrawal of the sustainability label in case of non-compliance;
Or. en
Amendment 43
Amendment 23
Proposal for a directive
Directive 2005/29/EC
Article 2 – paragraph 1 – point t
Text proposed by the Commission
Amendment
(t) ‘sustainability information tool’ means software, including a website, part of a website or an application, operated by or on behalf of a trader, which provides information to consumers about environmental or social aspects of products, or which compares products on those aspects;
(t) ‘sustainability information tool’ means software, including a website, part of a website or an application, operated by or on behalf of a trader, which provides information to consumers about environmental or social aspects of products, or which compares objectively products on those aspects by, in particular, comparing products which serve the same function, using a common method and common assumptions, and comparing material and verifiable features of the products;
Amendment 44
Proposal for a directive
Article 1 – paragraph 1 – point 1
Directive 2005/29/EC
Article 2 – paragraph 1 – point u
Text proposed by the Commission
Amendment
(u) ‘recognised excellent environmental performance’ means environmental performance compliant with Regulation (EC) 66/2010 of the European Parliament and of the Council*, with national or regional EN ISO 14024 type I ecolabelling schemes officially recognised in accordance with Article 11 of Regulation (EC) 66/2010, or top environmental performance in accordance with other applicable Union law;
(u) ‘recognised excellent environmental performance’ means environmental performance compliant with Regulation (EC) 66/2010 of the European Parliament and of the Council1a, with national or regional EN ISO 14024 type I ecolabelling schemes officially recognised in accordance with Article 11 of Regulation (EC) 66/2010, or top environmental performance in accordance with other applicable Union law,
____________
1a 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).
Amendment 45
Proposal for a directive
Article 1 – paragraph 1 – point 1
Directive 2005/29/EC
Article 2 – paragraph 1 – point u a (new)
Text proposed by the Commission
Amendment
(ua) ‘second-hand goods’ means second-hand goods as defined in the Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax;
Amendment 46
Proposal for a directive
Article 1 – paragraph 1 – point 1
Directive 2005/29/EC
Article 2 – paragraph 1 – point w
Text proposed by the Commission
Amendment
(w) ‘software update’ means a free update, including a security update, that is necessary to keep goods with digital elements, digital content and digital services in conformity in accordance with Directives (EU) 2019/770 and (EU) 2019/771;
(w) ‘software update’ means either a security update or any other functionality or feature update, that is necessary to keep goods with digital elements, digital content and digital services in conformity in accordance with Directives (EU) 2019/770 and (EU) 2019/771;
Amendment 47
Proposal for a directive
Article 1 – paragraph 1 – point 1
Directive 2005/29/EC
Article 2 – paragraph 1 – point w a (new)
Amendment
(wa) ‘security update’ means security update as defined in point 35 of the Annex to Commission Regulation (EU).../... [ecodesign implementing Regulation for tablets and smartphones];
(wa) ‘security update’ means an operating system update, including security patches, if relevant for a given device, whose main purpose is to provide enhanced security for the device or bring it into conformity;
Or. en
Amendment 48
Amendment 24
Proposal for a directive
Amendment
(wb) ‘functionality update’ means a security update as defined in point (36) of Annex to Commission Regulation (EU).../... [ecodesign implementing Regulation for tablets and smartphones];
(wb) ‘functionality update’ means an operating system update that is not necessary to keep the device in conformity and whose main purpose is to improve current functionalities or implement new functionalities;
Or. en
Amendment 49
Amendment 25
Proposal for a directive
Amendment
(ya) ‘carbon offsetting’ means financially participating in an action or project in order to compensate for the purchaser’s own carbon dioxide emissions.
(ya) "commercially sensitive information" means information that, if disclosed, could prejudice a supplier's commercial interest e.g. trade secrets, profit margins or new ideas as referred to in the Communication from the Commission1a
Or. en
__________________
Amendment 26
1a Communication from the Commission Communication on the protection of confidential information by national courts in proceedings for the private enforcement of EU competition law 2020/C 242/01 (OJ C 242, 22.7.2020, p. 1).
Justification
The definition of commercially sensitive information can be found in the European Commission's "Communication on the protection of confidential information by national courts in proceedings for the private enforcement of EU competition law. This definition should also be included here.
Amendment 50
Proposal for a directive
Article 1 – paragraph 1 – point 1 a (new)
Directive 2005/29/EC
Article 5 – paragraph 2
Present text
Amendment
(1a) Article 5 (2) is amended as follows:
(a) the following point is inserted:
”(aa) it is contrary to the requirements of the extended producer responsibility,”
(https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A32011L0083)
Amendment 51
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a
(b) the main characteristics of the product, such as its availability, benefits, risks, execution, composition, environmental or social impact, accessories, durability, reparability, after-sale customer assistance and complaint handling, method and date of manufacture or provision, delivery, fitness for purpose, usage, quantity, specification, geographical or commercial origin or the results to be expected from its use, or the results and material features of tests or checks carried out on the product.;
(b) the main characteristics of the product, such as its availability, benefits, risks, execution, composition, environmental or social impact,impact through the value chain (173), accessories, durability, reparability, upgradability, reusability, recyclability, the single-use nature, the right to return to the producer, after-sale customer assistance and complaint handling, method and date of manufacture or provision, delivery, fitness for purpose, usage, quantity, specification, geographical or commercial origin or the results to be expected from its use, or the results and material features of tests or checks carried out on the product.;product;
Or. en
Amendment 52
Amendment 27
Proposal for a directive
(d) making an environmental claim related to future environmental performance without clear, objective and verifiable commitments and targets and without an independent monitoring system;
(d) making an environmental claim related to future environmental performance solelywithout basedpublicly onavailable, carbonclear, offsettingobjective, schemes,science-based orand withoutverifiable clear,and objectiverealistic commitments and verifiabletargets reductioncomplemented commitments,by a detailedfunded and realisticperiodically updated implementation plan with referencebased toon budgetarywidely andavailable technologicaltechnologies commitments,and without feasibleannual targetsverification andof withoutprogress by an independent monitoring system;system accredited in accordance with Regulation (EC) No 765/2008;
Or. en
Amendment 53
Justification
Carbon offsetting schemes are currently unregulated and consumers have no means to verify whether they are really robust and reliable. Claims based on such schemes can also mislead the consumer about the product in question. Therefore, claims on future environmental performance based solely on such claims should be banned. Other claims related to future performance must be sufficiently substantiated.
Amendment 28
Proposal for a directive
Article 1 – paragraph 1 – point 3
Directive 2005/29/EC
Article 7 – paragraph 7
Text proposed by the Commission
Amendment
7. Where a trader provides a service which compares products, including through a sustainability information tool, information about the method of comparison, the products which are the object of comparison and the suppliers of those products, as well as the measures in place to keep that information up to date, shall be regarded as material.;
7. Where a trader provides a service which compares products, including through a sustainability information tool, information about whether that tool has been pre-approved in accordance with minimum requirements, the method of comparison, the products which are the object of comparison and the suppliers of those products, as well as the measures in place to keep that information up to date, shall be regarded as material.;
Or. en
Amendment 29
Proposal for a directive
Amendment
7a. TheBy Commission...[12 ismonths empoweredfrom toadoption], the Commission shall adopt delegated acts in accordance with Article 16 a16a to supplement this Directive by establishing minimum requirements in relation to sustainability labels and sustainability information tools. When adopting the delegated act,acts, the Commission shall takeensure intoaward accountcriteria are publicly available awardfree criteria,of cost, developed in an independent processprocess, periodically revised, and goingreflecting beyondsignificant whatimprovements iscompared requiredto bycommon practice in the relevant market or Union lawminimum product requirements, if applicable, with an impartial control procedure, including third party verification and transparency of the scheme owner. The Commission shall ensure accessibility to all market players, procedural transparency for consumers, scientific robustness and stakeholder relevance,relevance and put in place compliance and dispute resolution mechanisms as well as a periodic revision of the award criteria.mechanisms. If a sustainability label or a sustainability information tool is focused on one particular environmental aspect, this shall be clearly and prominently communicated to consumers. For the sake of transparency, all pre-approved sustainability labels and sustainability information tools shall be published in a publicly available online register, which is to be updated regularly by the competent national authorities.
Or. en
Amendment 54
Amendment 30
Proposal for a directive
Amendment
7b. The Commission shall adopt an implementing act specifying the details of the approval procedure for sustainability labels and sustainability information tools referred to in paragraph 8.7a. That implementing act shall be adopted in accordance with the advisory procedure referred to in Article 16b.
This implementing act shall be adopted in accordance with the advisory procedure referred to in Article 16b.
Amendment 55
Or. en
Amendment 31
Proposal for a directive
Amendment
(3a) The following Article 16aarticle is inserted:
‘Article 16a
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 7(8)7(7a) shall be conferred on the Commission for a period of 6six years from [onefrom...[one month after entry into force of this act].Directive].
3. The delegation of power referred to in Article 7(8)7(7a) 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 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.
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 7(8)7(7a) 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.’
Or. en
Amendment 56
Amendment 32
Proposal for a directive
Amendment
(3b) The following Article 16barticle is inserted:
‘Article 16b
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.’ (193)
Or. en
Amendment 57
Amendment 33
Proposal for a directive
(3a) ‘energy-using good’ means any good that depends on energy input (electricity, fossil fuels and renewable energy sources) to work as intended;;
deleted
(3a) ‘energy-using good’ means any good that depends on energy input (electricity, fossil fuels and renewable energy sources) to work as intended; it covers only durable non-perishable goods;
Or. en
Justification
Amendment 34
The definition of ‘energy-using goods’ as ‘any goods that depend on energy input’ should specify that it covers only durable non-perishable goods, and excludes parts or consumables that are used in combination with such durable goods.
Amendment 58
Proposal for a directive
Directive 2011/83/EU
Article 2 – paragraph 1 – point 14e14a
Text proposed by the Commission
Amendment
(14e) ‘software update’ means a free update, including a security update, that is necessary to keep goods with digital elements, digital content and digital services in conformity in accordance with Directives (EU) 2019/770 and (EU) 2019/771;;
(14a) ‘commercial guarantee of durability’ means a producer’s commercial guarantee of durability referred to in Article 17 of Directive (EU) 2019/771, under which the producer is directly liable to the consumer during the entire period of that guarantee for repair or replacement of the goods;
(14e) ‘software update’ means a free update, either a security update or any other functionality or feature update, that is necessary to keep goods with digital elements, digital content and digital services in conformity in accordance with Directives (EU) 2019/770 and (EU) 2019/771;;
(14a) ‘commercial guarantee of durability’ means a voluntary commercial guarantee of durability provided by the producer free of charge referred to in Article 17 of Directive (EU) 2019/771, under which the producer is directly liable to the consumer during the entire period of that guarantee for repair or replacement of the goods;
Or. en
Amendment 59
Amendment 35
Proposal for a directive
Article 2 – paragraph 1 – point 21 – point -a (new)b
Directive 2011/83/EU
Article 52 – paragraph 1 – point e14d
Text proposed by the Commission
Amendment
(-a) In Article 5, point (e) of paragraph 1 is deleted.
(14d) ‘reparability score’ means a score expressing the capacity of a good to be repaired, based on a method established in accordance with Union law;
Or. en
(14d) ‘reparability score’ means a score expressing the capacity of a good to be repaired, based on a harmonised method established in accordance with Union law;
Amendment 36
Justification
For a reparability score to be meaningful and successful, there must be harmonised EU-wide methodologies for reparability scoring at the product-group level. Currently, there are at least 12 different initiatives for measuring reparability and national initiatives, such as the French reparability index. A clear EU definition and harmonised calculation methodologies are essential to measure and verify the reparability labelling of products. Otherwise, we risk creating confusion among consumers, a fragmented Single Market and unfair competition.
Amendment 60
Proposal for a directive
(ea) for all goods, where the producer makes it available, information that the goods benefit from a commercial guarantee of durability and its duration in units of time, where that guarantee covers the entire good and has a duration of more than two years;
(ea) a label indicating the guaranteed lifespan of the goods,a thegood, digital content and theservices. digitalThis services,label including,shall as a minimum,minimum inform about the duration of the legal guarantee of conformity,conformity and related rights, and where applicable, about the existence and the conditions of after-sales services and voluntary commercial guarantees;
Or. en
Amendment 61
Justification
The commercial guarantee is not sufficient to properly inform consumers about the durability of products as it is voluntary and under unregulated conditions left to the discretion of the producer. Moreover, 2015 European Commission study on legal and commercial guarantees found that only 41 % of respondents knew the length of the legal guarantee period was 2 years. With this amendment, the Rapporteur wants to align durability information with guarantee under which consumer has rights without additional cost. By guaranteed lifespan label the consumer will be informed both on durability and consumer's rights. It will also encourage competition among producers to expand the duration of the minimum legal guarantee of conformity.
Amendment 37
Proposal for a directive
deleted
Or. en
Amendment 62
Amendment 38
Proposal for a directive
(ec) for goods with digital elements, the minimum period from the time of purchase in units of time during which the producer provides software updates, including, as a minimum, the mandatory period for which the updates shall be provided in accordance with the applicable Union law;
Or. en
Amendment 63
Amendment 39
Proposal for a directive
(ed) for digital content and digital services, where their provider is different from the trader and makes such information available, the minimum period in units of time during which the provider provides software updates, unless the contract provides for a continuous supply of the digital content or digital service over a period of time;
(ed) for digital content and digital services, where their provider is different from the trader, the minimum periodperiod, starting at the time of purchase, in units of time during which the provider provides software updates including, as aupdates, minimum,including the mandatory period forforeseen whichunder the updates shall be provided in accordance with therelevant Union law;legislation;
Or. en
Amendment 64
Amendment 40
Proposal for a directive
Article 2 – paragraph 1 – point 2 – point a
Directive 2011/83/EU
Article 5 – paragraph 1 – point ed a (new)
Text proposed by the Commission
Amendment
(eda) in addition to the guaranteed lifespan label for the goods, digital content and digital services, including as a minimum, a reminder of the existence and duration of the legal guarantee of conformity, the existence and the conditions of after-sales services and commercial guarantees, where applicable;
Amendment 65
Proposal for a directive
Article 2 – paragraph 1 – point 2 – point b
(j) when point (i) is not applicable, information made available by the producer about the availability of spare parts, including the procedure of ordering them, and about the availability of a user and repair manual.;
(j) when point (i) is not applicable, information providedmade available by the producer about the availability and affordability of the spare parts necessary tofor the repair aof product,products, including the lengthperiod ofduring which they will be available, where applicable, the periodexpected maximum pre-tax price during whichthe mandatory period of availability of spare parts andestablished accessoriesunder arethe available,Ecodesign Directive and the procedure of ordering them, and about the availability of a user and repair manual andmanuals, repair tools and services;services. When this information is not made available by the producer to the trader, the consumer shall be informed thereof;
Or. en
Amendment 66
Amendment 41
Proposal for a directive
Amendment
(ma) for all types of goods, where the producer makes it available, information that the goods benefit from a commercial guarantee of durability and its duration in units of time, where that guarantee covers the entire good and has a duration of more than two years;
(ma) thefor guaranteedall lifespangoods, labelwhere expressedthe inproducer unitsmakes ofsuch timeinformation foravailable, theinformation goods,that digitalthe contentgoods andbenefit digitalfrom services,a including,commercial asguarantee aof minimum,durability theand its duration in units of thetime, legalwhere that guarantee covers the entire good and has a duration of conformity;more than two years;
Or. en
Amendment 67
Amendment 42
Proposal for a directive
deleted
Or. en
Amendment 68
Amendment 43
Proposal for a directive
(mc) for goods with digital elements, the minimum period from the time of purchase in units of time during which the producer provides software updates, including, as a minimum, the mandatory period for which the updates shall be provided in accordance with Union law;
Or. en
Amendment 69
Amendment 44
Proposal for a directive
(md) for digital content and digital services, where their provider is different from the trader, the minimum period in units of time during which the provider provides software updates, including, as a minimum, the mandatory period for which the updates shall be provided in accordance with Union law;
Or. en
Amendment 70
Amendment 45
Proposal for a directive
Article 2 – paragraph 1 – point 3 – point a
Directive 2011/83/EU
Article 6 – paragraph 1 – point md a (new)
Text proposed by the Commission
Amendment
(mda) the guaranteed lifespan label for the goods, digital content and digital services, including as a minimum, a reminder of the existence and duration of the legal guarantee of conformity;
Amendment 71
Proposal for a directive
Article 2 – paragraph 1 – point 3 – point b
(v) when point (u) is not applicable, information made available by the producer about the availability of spare parts, including the procedure of ordering them, and about the availability of a user and repair manual.;
(v) when point (u) is not applicable, information providedmade available by the producer about the availability and affordability of the spare parts necessary tofor the repair goods,of products, including the lengthperiod ofduring which they will be available, where applicable, the periodexpected maximum pre-tax price during whichthe mandatory period of availability of spare parts andestablished accessoriesunder arethe available,Ecodesign Directive and the procedure of ordering them, and about the availability of a user and repair manual andmanuals, repair tools and services. When this information is not made available by the producer to the trader, the consumer shall be informed thereof;
Or. en
Amendment 72
Amendment 46
Proposal for a directive
Article 3 – paragraph 1
Text proposed by the Commission
Amendment
By [5 years from adoption], the Commission shall submit a report on the application of this Directive to the European Parliament and to the Council.
By [5 years from adoption], the Commission shall submit a report on the application of this Directive and on the level of progress achieved to the European Parliament and to the Council. The report shall analyse in detail the impact of the new rules on the elimination of existing non-tariff barriers to cross-border trade, on the effectiveness of action by national consumer protection authorities and on the level of adjustment burden in the SME sector.
Amendment 73
Proposal for a directive
Article 3 – paragraph 1 a (new)
Text proposed by the Commission
Amendment
That report shall include an assessment of the pre-approval of sustainability labels with a view to harmonise it at Union-level.
Amendment 74
Proposal for a directive
Annex I – paragraph 1 – point 1
2a. Displaying a sustainability label which is not based on a certification scheme or not established by public authorities.;
2a. Displaying a sustainability label or usinga sustainability information toolstool which wereis not pre-approved by a national competentor authorityUnion inauthority, accordancenot withbased theon minimuma requirementscertification forscheme sustainabilityor labelsnot andestablished sustainabilityby informationpublic toolsauthorities, laidexcept downwhere no adequate certification scheme exists for the issue addressed by the Commissionlabel. inIn this case, the use of a delegatedthird act.party, independent, recognised by authorities system shall be allowed.
Or. en
Amendment 75
Justification
In order to effectively remove all misleading, unclear and unsubstantiated labels and sustainability information tools used on the EU market and at the same significantly increase consumers’ confidence and trust in these labels, a requirement for a pre-approval of sustainability labels and sustainability information tools shall be introduced. According to the Impact Assessment such scheme would have a significant positive impact not only on consumers but also on business. Such approach would increase legal certainty and enable more efficient market surveillance.
Amendment 47
Proposal for a directive
Annex I – paragraph 1 – point 1
Directive 2005/29/EC
Annex I – point 2a a (new)
Text proposed by the Commission
Amendment
2aa. Displaying a sustainability label based on different classes of performance, when the available classes are not clearly provided in the same graphic representation to allow for clear comparison.
Amendment 76
Proposal for a directive
Annex I – paragraph 1 – point 1
Directive 2005/29/EC
Annex I – point 2a b (new)
Text proposed by the Commission
Amendment
2ab. Displaying the environmental claim "biodegradable", "compostable" or equivalent with regards to plastic or bio-plastic where composting of biodegradable plastic is not possible in a large proportion of waste enterprises.
Amendment 77
Proposal for a directive
Annex I – paragraph 1 – point 2
Directive 2005/29/EC
Annex I – point 4a
Text proposed by the Commission
Amendment
4a. Making a generic environmental claim for which the trader is not able to demonstrate recognised excellent environmental performance relevant to the claim.
4a. Making a generic environmental claim for which the trader is not able to demonstrate recognised excellent environmental performance relevant to the claim in an easily accessible format.
Amendment 78
Proposal for a directive
Annex I – paragraph 1 – point 2
Directive 2005/29/EC
Annex I – point 4b
4b. Making an environmental claim about the entire product when it actually concerns only a certain aspect of the product.;
4b. Making an environmental claim about the entire product or the trader’s business when it actually concerns only a certain aspect of the product or of the trader’s business;business.
Or. en
Amendment 79
Amendment 48
Proposal for a directive
Directive 2005/29/EC
Annex I – point 4c4b a (new)
Text proposed by the Commission
Amendment
4c. Making an environmental claim which cannot be substantiated in accordance with legal requirements;
4ba. Making an environmental claim on the content of the product based on an accounting method that allows for the free allocation of inputs to final outputs, without telling consumers that only a residual amount of the input in question was actually fed into the production process of the final product offered for sale.
Or. en
Amendment 80
Amendment 49
Proposal for a directive
Directive 2005/29/EC
Annex I – point 4 db b (new)
Text proposed by the Commission
Amendment
4d. Claiming that a good has a neutral or positive greenhouse gas emissions’ impact on the environment;
4bb. Making a specific environmental claim which the trader is not able to substantiate using a relevant assessment method and communication rules recognised or established in accordance with national or Union law.
Or. en
Amendment 81
Proposal for a directive
Annex I – paragraph 1 – point 2
Directive 2005/29/EC
Annex I – point 4b c (new)
Text proposed by the Commission
Amendment
4bc. Making an environmental claim which cannot be substantiated in accordance with legal requirements.
Amendment 82
Proposal for a directive
Annex I – paragraph 1 – point 2
Directive 2005/29/EC
Annex I – point 4b d (new)
Text proposed by the Commission
Amendment
4bd. Making an environmental claim that would lead to promotion of fossil fuel products or highly polluting products or activities.
Justification
Carbon neutral claims are highly misleading to consumers as they imply neutrality and no impact of goods on the environment which is impossible to achieve from the scientific point of view. They are often being justified by the company’s involvement in carbon offsetting projects, which are currently unregulated and about which consumers are not sufficiently informed about and have no means to verify whether they are really robust and reliable.
The amendment reflects the EC´s Guidance on the interpretation and application of Directive 2005/29/EC of the European Parliament and of the Council concerning unfair business-to-consumer commercial practices in the internal market (2021/C 526/01) underlying that fossil oil always causes damage to the environment, therefore it cannot be linked to environmental claim that would give the impression that the product had certain environmental advantages.
Amendment 5083
Proposal for a directive
Annex I – paragraph 1 – point 42
Directive 2005/29/EC
Annex I – point 23d4b e (new)
Text proposed by the Commission
Amendment
23d. Omitting to inform the consumer that a software update will negatively impact the use of goods with digital elements or certain features of those goods even if the software update improves the functioning of other features.
4be. Claiming that a good or a service has a neutral or positive greenhouse gas emissions’ impact on the environment.
23d. Bundling security updates with other software updates.
Or. en
Justification
Security updates are crucial to keep consumers safe, they don't degrade the functionality or performanse of devices and are subject to cybersecurity guidelines or legislative measures. On the other hand, functionality and other updates can negatively impact the functionality of the device. Therefore, consumer should always be able to download them separately from other types of updates, which they might wish to abstain from.
Carbon neutral claims are highly misleading to consumers as they imply neutrality and no impact of products (or services) on the environment, which is impossible to achieve. They are often being justified by the company’s involvement in carbon offsetting/compensation projects, which are currently unregulated and about which consumers are not sufficiently informed about and have no means to verify whether they are really robust and reliable. Therefore carbon neutral claims and labels should be explicitly banned.
Amendment 5184
Proposal for a directive
Directive 2005/29/EC
Annex I – point 23d a (new)
Text proposed by the Commission
Amendment
23da.23d. SupplyingOmitting to inform the consumer that a software update which will negatively impact the use of goods with digital elements or certain features of those goods even if the software update improves the functioning of other features.
Or. en
23d. Supplying a software update that negatively impacts the use of goods with digital elements or certain features of those goods even if the software update improves the functioning of other features.
Amendment 5285
Proposal for a directive
Directive 2005/29/EC
Annex I – point 23d ba (new)
Text proposed by the Commission
Amendment
23db.23da. Omitting to inform the consumer in a clear and understandable manner that the update is not necessary to keep the product in conformity.
Or. en
Amendment 86
Amendment 53
Proposal for a directive
23e. Omitting to inform the consumer about the existence of a feature of a good introduced to limit its durability.
23e. Introducing a feature that limits the durability of a good.
23e. Planning the failure of a good by equipping it with functions or properties intended solely to limit its durability.
Or. en
Amendment 87
Amendment 54
Proposal for a directive
Directive 2005/29/EC
Annex I – point 23 e23e a (new)
Text proposed by the Commission
Amendment
23ea. Engaging in practices that lead to shortening a product’s lifespan and stimulate the purchase of a new product.
23ea. Omitting to inform the consumer that the seller will refuse to perform a repair on a product that has previously been repaired by an independent professional or non-professionals and users.
Or. en
Amendment 88
Amendment 55
Proposal for a directive
Directive 2005/29/EC
Annex I – point 23e b (new)
Text proposed by the Commission
Amendment
23eb. Marketing a good without fixing, within a reasonable time, a design issue that leads to an early failure of this good.
23eb. Omitting to inform the consumer about a design or feature which will limit repair by end users or independent professionals.
Or. en
Amendment 89
Justification
Experience has shown that producers and traders are slow to react on complaint against early obsolescence. To ensure highest level of consumer protection, it is crucial that producers and traders discontinue to sell products with feature that limits their durability as soon as possible.
Amendment 56
Proposal for a directive
23g. Presenting goods as allowing repair when they do not or omitting to inform the consumer that goods do not allow repair in accordance with legal requirements.
23g. Marketing a goodgoods, which doesdo not allow repair in accordance with legal requirements.
Or. en
Amendment 90
Amendment 57
Proposal for a directive
23ga. Omitting to inform the consumer about the unavailability of spare parts and other repair restrictions.
Or. en
Amendment 91
Amendment 58
Proposal for a directive
23h. Inducing the consumer into replacing the consumables of a good earlier than for technical reasons is necessary.
23h. Marketing a good that requires replacing the consumables of a good earlier than is necessary for technical reasons.reasons by omitting information about available and adequate repairs.
Or. en
Justification
Amendment 59
The suggested provision of the Commission would be difficult to implement in practice since a consumer might seek advice (from a retailer) on some features of a new product design. Retailers need to always be able to present their customers new product designs and provide them with all necessary information. It should be clarified that this new point 23h does not prevent retailers from offering new products to consumers.
Amendment 92
Proposal for a directive
Amendment
23i. Omitting to inform that a good is designed to limit its functionality when using consumables, spare parts or accessories that are not provided by the original producer..producer.
23i. Marketing a good that is designed to limit its functionality when using consumables, spare parts or accessories that are not provided by the original producer.
Or. en
Amendment 93
Amendment 60
Proposal for a directive
Amendment
23ia. Marketing a good which is not compliant with the requirements under Directive 2009/125/EC of the European Parliament and of the Council1a.
23ia. Without prejudice to the provisions of Article 17 of Directive 2019/771, the offering by the same manufacturer of different warranty and repair conditions for the same product model in different EU Member States in whose territory the good is placed on the market and put into service.
___________________
Amendment 94
1a 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 (OJ L 285 31.10.2009, p. 10).
Proposal for a directive
Or. en
Annex I – paragraph 1 – point 4
EXPLANATORY STATEMENT
Directive 2005/29/EC
Studies have demonstrated that European consumers take the environmental impact into account when purchasing a product. They are ready to pay more for more sustainable products. Market operators reflect such trends. Consumers are though often mislead by different claims related to environmental performance of goods and services. The Rapporteur therefore welcomes the European Commission proposal to regulate the market to ensure true and easily accessible sustainability information.
Annex I – point 23i b (new)
The Rapporteur proposes though measures to further strengthen the proposal. The Rapporteur suggest to better regulate sustainability labels and sustainability information tools, as well as environmental claims. The Rapporteur introduces an obligation for pre-approval of sustainability labels and sustainability information tools by a competent national authority in line with a framework to be set by the Commission through implementing and delegated acts.
Text proposed by the Commission
On the environmental claims, the Rapporteur proposes to ban future environmental claims based solely on carbon offsetting schemes, since such schemes are unregulated and cannot be verified by consumers. Other future environmental claims must be adequately substantiated by a feasible implementation plan and verifiable targets, and backed by sufficient budget and resources. Those plans must be publicly available, regularly updated and monitored by an independent body. The Rapporteur considers that claims related to future environmental performance should not be used on the product level as they can mislead the consumer on the current environmental performance of the products in question. Additionally, the Rapporteur sets a ban on claims that state that a good has a neutral or positive greenhouse gas emissions’ impact on the environment as that is impossible to achieve from the scientific point of view.
Amendment
Furthermore, more than 80 percent of EU consumers are interested in the durability of products. They experience though difficulties in finding relevant information. The Rapporteur therefore proposes to introduce a guaranteed lifespan label that reflects both, the minimum period the consumer is covered by a free legal guarantee of two years as well as an indication of the lifespan of the products. The producers and traders can prolong this guarantee beyond two years, but they can indicate it on a label only if it is without additional cost for the consumer and if it applies to the whole product.
23ib. Marketing a good, which is not compliant with the requirements under Directive 2009/125/EC of the European Parliament and of the Council1a.
To achieve a truly sustainable economy, it is crucial to encourage the repair of products. Consumers should therefore be informed before the purchase of a product on the availability and affordability of spare parts necessary to repair it, including the length of the period during which spare parts and accessories are available, the procedure of ordering them, about the availability of a user and repair manual and repair tools and services. The Rapporteur suggest to ban the marketing of goods which do not allow repair in accordance with legal requirements.
___________
The Rapporteur believes that a complete ban on all forms of premature obsolescence should be imposed, ranging from software features that limit the durability of products and stimulate the purchase of a new product to hardware features introduced with a similar purpose.
1a 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 (OJ L 285, 31.10.2009, p. 10).
In other to make it easier for consumers to take informed decisions about software updates and contribute to the durability of their products, the Rapporteur proposes to unbundle security updates that are necessary for the functioning of the device from other types of updates. All updates that negatively impact the device should be banned. Furthermore, consumers should be informed in a clear and understandable manner if an update is necessary to keep the product in conformity.
Amendment 95
ANNEX: List of entities or persons from whom the rapporteur has received input
Proposal for a directive
The following list is drawn up on a purely voluntary basis under the exclusive responsibility of the rapporteur. The rapporteur has received input from the following entities or persons in the preparation of the [draft report / report, until the adoption thereof in committee]:
Annex I – paragraph 1 – point 4
Directive 2005/29/EC
Annex I – point 23i c (new)
Text proposed by the Commission
Amendment
23ic. Bundling security updates with functionality, feature or other software updates.
Amendment 96
Proposal for a directive
Annex I – paragraph 1 – point 4
Directive 2005/29/EC
Annex I – point 23i d (new)
Text proposed by the Commission
Amendment
23id. Marketing a good without fixing a design issue that leads to an early failure of this good, within a reasonable time after it became known.
PROCEDURE – COMMITTEE ASKED FOR OPINION
Title
Amending Directives 2005/29/EC and 2011/83/EU as regards empowering consumers for the green transition through better protection against unfair practices and better information
References
COM(2022)0143 – C9-0128/2022 – 2022/0092(COD)
Committee responsible
Date announced in plenary
IMCO
7.4.2022
Opinion by
Date announced in plenary
ENVI
7.4.2022
Associated committees - date announced in plenary
15.9.2022
Rapporteur for the opinion
Date appointed
Edina Tóth
20.5.2022
Discussed in committee
10.10.2022
Date adopted
24.1.2023
Result of final vote
+:
–:
0:
72
0
3
Members present for the final vote
Bartosz Arłukowicz, Margrete Auken, Traian Băsescu, Aurélia Beigneux, Hildegard Bentele, Michael Bloss, Delara Burkhardt, Pascal Canfin, Sara Cerdas, Mohammed Chahim, Tudor Ciuhodaru, Christian Doleschal, Bas Eickhout, Cyrus Engerer, Agnès Evren, Malte Gallée, Gianna Gancia, Catherine Griset, Teuvo Hakkarainen, Anja Hazekamp, Martin Hojsík, Jan Huitema, Yannick Jadot, Adam Jarubas, Petros Kokkalis, Athanasios Konstantinou, Ewa Kopacz, Joanna Kopcińska, Peter Liese, Sylvia Limmer, Javi López, César Luena, Marian-Jean Marinescu, Liudas Mažylis, Marina Mesure, Tilly Metz, Silvia Modig, Alessandra Moretti, Ljudmila Novak, Grace O’Sullivan, Jutta Paulus, Stanislav Polčák, Jessica Polfjärd, María Soraya Rodríguez Ramos, Sándor Rónai, Silvia Sardone, Günther Sidl, Ivan Vilibor Sinčić, Maria Spyraki, Nicolae Ştefănuță, Nils Torvalds, Edina Tóth, Véronique Trillet-Lenoir, Achille Variati, Petar Vitanov, Alexandr Vondra, Mick Wallace, Michal Wiezik, Tiemo Wölken, Anna Zalewska
Substitutes present for the final vote
Eric Andrieu, Beatrice Covassi, Jens Gieseke, Martin Häusling, Karin Karlsbro, Stelios Kympouropoulos, Dace Melbārde, Ulrike Müller, Robert Roos, Massimiliano Salini, Sarah Wiener
Substitutes under Rule 209(7) present for the final vote
Petras Auštrevičius, Marie Dauchy, Lukas Mandl, Bergur Løkke Rasmussen
FINAL VOTE BY ROLL CALL IN COMMITTEE ASKED FOR OPINION
Key to symbols:
ANNEX: LIST OF ENTITIES OR PERSONS FROM WHOM THE RAPPORTEUR HAS RECEIVED INPUT
The following list is drawn up on a purely voluntary basis under the exclusive responsibility of the Rapporteur. The Rapporteur has received input from the following entities or persons in the preparation of the report, until the adoption thereof in committee:
Entity and/or person
The European Consumer Organization - BEUC
Back Market
European Coalition for Standards - ECOS
Inditex
European Association for Communications Agencies - EACA
e-bay
German Retail Federation - Handelsverband Deutschland (HDE)
Swappie
German Food Retail Association - Bundesverband des Deutschen Lebensmittelhandels e.V. (BVLH)
ClientEarth
VF Europe
European Advertising Standards Alliance
European Association of Communications Agencies - EACA
Vinted
Zalando
Booking.com
Carbon Market Watch , ClientEarth AISBL , Environmental Coalition on Standards , European Environmental Bureau , Right to repair campaign
European Enviromental Bureau - EEB
Avery Dennison
European Refurbishment Association
HDE , BVLH , Markant , Metro AG , REWE Group , Schwarz Gruppe
European Telecommunication Network Operators‘ Association (ETNO)
Independent Retail Europe
Malaysian Palm Oil Council (MPO)
Right to Repair Europe
European Brands Association - AIM
Marine Stewardship Council
Zalando
Etsy
Foodwatch
European Advertising Standards Alliance (EASA)
Forest Stewardship Council
AIM - European Brands Association
APPLiA (Home Appliance Europe)
European Federation of Jewellery
Privacy International