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DRAFT OPINION (COM(2022)143 – C90128/2022 – 2022/0092(COD))

On the proposal for a directive of the European Parliament and of the Council 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

ENVI-PA-736396

Committee on the Environment, Public Health and Food Safety · Rapporteur: Edina Tóth

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The Environment Committee's draft opinion responds to the Commission's proposal to amend the Unfair Commercial Practices Directive 2005/29/EC and the Consumer Rights Directive 2011/83/EU to empower consumers for the green transition. The rapporteur proposes banning carbon neutral claims and labels, strengthening rules on future environmental performance claims, and adding a reparability score for goods. She also proposes extending the transitional period from 24 to 36 months and adding new banned practices on early obsolescence and repair.

Committee position. The rapporteur proposes amendments to strengthen the Commission proposal: banning carbon neutral claims and labels, tightening rules on future environmental performance claims, adding a reparability score, extending the transitional period to 36 months, and adding new banned practices on early obsolescence and repair.

Key points

  1. The rapporteur proposes banning carbon neutral claims and labels because they imply no environmental impact and are often based on unregulated carbon offsetting.
  2. She proposes strengthening requirements for claims about future environmental performance, including clear commitments, an implementation plan, interim targets and independent monitoring.
  3. She proposes extending the transitional period for member states to apply the new rules from 24 to 36 months.
  4. She proposes establishing a reparability score with at least five classes and a Commission delegated act to specify the methodology.
  5. The draft opinion proposes adding 'reusability' and 'recyclability' to the main product characteristics that traders must not mislead consumers about.
  6. It proposes banning displaying sustainability labels not based on recognised certification schemes or public authorities.
  7. It proposes banning environmental claims about an entire product when they concern only a certain aspect.
  8. It proposes banning introducing a feature to limit the durability of a good.
  9. It proposes banning marketing goods that do not allow repair in accordance with legal requirements.
  10. It proposes banning omitting to inform that the seller will refuse to repair a product previously repaired in another professional network.
  11. It proposes banning marketing goods designed to limit functionality with consumables, spare parts or accessories not from the original producer.
  12. It proposes banning practices that shorten a product's lifespan and stimulate buying a new product, marketing non-compliant goods, and marketing goods without remedying known design issues.

Who is affected

  • Consumers, who would get better information on durability and reparability and stronger protection against misleading claims.
  • Traders, who would face bans on carbon neutral claims, certain sustainability labels and early obsolescence practices.
  • Member states, which would have 36 months to apply the new rules.
  • The Commission, which would adopt a delegated act on the reparability score methodology.

Figures and deadlines

  • 24 months, the transitional period in the Commission proposal that the rapporteur proposes extending.
  • 36 months, the proposed extended transitional period.
  • At least five classes, the minimum number for the reparability score.
  • Two years from entry into force, the deadline for the Commission to adopt the delegated act on the reparability score.
  • Five years, the period for which the power to adopt delegated acts is conferred on the Commission.
  • Nine months before the end of the five-year period, the deadline for the Commission's report on the delegation of power.
  • Three months before the end of each period, the deadline for Parliament or the Council to oppose extension of the delegation.