35 Amendments of Kosma ZŁOTOWSKI related to 2022/0092(COD)
Amendment 110 #
Proposal for a directive
Recital 22
Recital 22
(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, where it can be reasonably assessed, 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, including in an official language or in official languages of the Member State where the good is sold, 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 and (EU) 2011/83 of the European Parliament and of the Council. __________________ 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). 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).
Amendment 114 #
Proposal for a directive
Recital 23 a (new)
Recital 23 a (new)
(23a) Another commercial practice observed, which should be classified as unfair in all circumstances, is when a producer offers a different commercial guarantee and repair conditions for the same model of product depending on the Member State where the product is to be offered. For example, a manufacturer offers a five-year commercial guarantee period for the same model of washing machine in one Member State and only a three-year period in another Member State, which bears the hallmarks of 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 and respecting different periods of legal guarantee and its impact on the total length of the commercial guarantee and the legal guarantee, such practices should be prohibited.
Amendment 146 #
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 2005/29/EC
Article 2 – paragraph 1 – point o
Article 2 – paragraph 1 – point o
(o) ‘environmental claim’ means any message or representation in any form, 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;
Amendment 150 #
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 2005/29/EC
Article 2 – paragraph 1 – point p
Article 2 – paragraph 1 – point p
Amendment 152 #
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 2005/29/EC
Article 2 – paragraph 1 – point q
Article 2 – paragraph 1 – point q
Amendment 171 #
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 2005/29/EC
Article 2 – paragraph 1 – point w
Article 2 – paragraph 1 – point w
(w) ‘mandatory 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; This amendment applies throughout the text.Or. enJustification
Amendment 175 #
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 2005/29/EC
Article 2 – paragraph 1 – point x
Article 2 – paragraph 1 – point x
(x) ‘consumable’ means any component of a good that is used up recurrently and needs to be replaced or replenished for the good to function as intended;
Amendment 190 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point b
Article 1 – paragraph 1 – point 2 – point b
Directive 2005/29/EC
Article 6 – paragraph 2 – point e
Article 6 – paragraph 2 – point e
(e) advertising as a distinctive part of the product benefits for consumers that are considered as a common practice in the relevant market according to Union and national law and public authorities guidelines.
Amendment 200 #
Proposal for a directive
Article 2 – paragraph 1 – point 1 – point a a (new)
Article 2 – paragraph 1 – point 1 – point a a (new)
Directive 2011/83/EU
Article 2 – paragraph 1 – point 14
Article 2 – paragraph 1 – point 14
(aa) point 14 is amended as follows: ‘(14) ‘commercial guarantee’ means any undertaking by the trader or a producer (to the guarantor) to the consumerconsumer, including regarding durability of the product as referred to in Article 17 of Directive (EU) 2019/771, in addition to his legal obligation relating to the guarantee of conformity, to reimburse the price paid or to replace, repair or service goods in any way if they do not meet the specifications or any other requirements not related to conformity set out in the guarantee statement or in the relevant advertising available at the time of, or before the conclusion of the contract;’;
Amendment 201 #
Proposal for a directive
Article 2 – paragraph 1 – point 1 – point b
Article 2 – paragraph 1 – point 1 – point b
Directive 2011/83/EU
Article 2 – paragraph 1 – point 14 a
Article 2 – paragraph 1 – point 14 a
Amendment 206 #
Proposal for a directive
Article 2 – paragraph 1 – point 1 – point b
Article 2 – paragraph 1 – point 1 – point b
(14d) ‘reparability score’ means a score expressing the capacity of a good to be repaired, based on a method established in accordance withand harmonised at Union lawevel;
Amendment 218 #
Proposal for a directive
Article 2 – paragraph 1 – point 2 – point a
Article 2 – paragraph 1 – point 2 – point a
Directive 2011/83/EU
Article 5 – paragraph 1 – point e a
Article 5 – paragraph 1 – point e a
(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;
Amendment 223 #
Proposal for a directive
Article 2 – paragraph 1 – point 2 – point a
Article 2 – paragraph 1 – point 2 – point a
Directive 2011/83/EU
Article 5 – paragraph 1 – point e b
Article 5 – paragraph 1 – point e b
(eb) for energy-using goods, where the producer does not make available the information referred to in point (ea), information that the producer has not provided information on the existence of a commercial guarantee of durability of more than two years. This information shall be at least as prominent as any other information about the existence and the conditions of after- sales services and commercial guarantees provided in accordance with point (e);
Amendment 225 #
Proposal for a directive
Article 2 – paragraph 1 – point 2 – point a
Article 2 – paragraph 1 – point 2 – point a
Directive 2011/83/EU
Article 5 – paragraph 1 – point e c
Article 5 – paragraph 1 – point e c
(ec) for goods with digital elements, where the producer makes such information availapplicable, the minimum period in units of time during which the producer provides software updates, unless the contract provides for a continuous supply of the digital content or digital service over a period of time. Where information about the existence of a commercial guarantee of durability is provided in accordance with point (ea), the information on the updates shall be provided if those updates are supplied for a longer period than the commercial guarantee of durability;
Amendment 232 #
Proposal for a directive
Article 2 – paragraph 1 – point 2 – point a
Article 2 – paragraph 1 – point 2 – point a
Directive 2011/83/EU
Article 5 – paragraph 1 – point e d
Article 5 – paragraph 1 – point e d
(ed) for digital content and digital services, where their provider is different from the trader and makes such information available, the reasonably expected 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;
Amendment 233 #
Proposal for a directive
Article 2 – paragraph 1 – point 2 – point a
Article 2 – paragraph 1 – point 2 – point a
Directive 2011/83/EU
Article 5 – paragraph 1 – point ed a (new)
Article 5 – paragraph 1 – point ed a (new)
(eda) The manufacturer of the product shall provide the relevant information on sustainable consumption choices to all other traders interacting with the customers for the purpose of delivering such an information to customers. The traders who do not act as the manufacturers of the product shall be responsible for presenting all required information. The manufacturer shall be responsible for the accuracy and correctness of the information unless it concerns an obvious or otherwise easy to discover false claim for a diligent economic operator.
Amendment 237 #
Proposal for a directive
Article 2 – paragraph 1 – point 2 – point b
Article 2 – paragraph 1 – point 2 – point b
Directive 2011/83/EU
Article 5 – paragraph 1 – point i
Article 5 – paragraph 1 – point i
(i) where applicable and where the provider makes such information available, the reparability score for the goods;
Amendment 238 #
Proposal for a directive
Article 2 – paragraph 1 – point 2 – point b
Article 2 – paragraph 1 – point 2 – point b
Directive 2011/83/EU
Article 5 – paragraph 1 – point i a (new)
Article 5 – paragraph 1 – point i a (new)
(ia) where the producer does not make available the information referred to in point (i), information that the producer has not provided information on the reparability score. This information shall be displayed in a prominent way;
Amendment 243 #
Proposal for a directive
Article 2 – paragraph 1 – point 2 – point b
Article 2 – paragraph 1 – point 2 – point b
Directive 2011/83/EU
Article 5 – paragraph 1 – point j a (new)
Article 5 – paragraph 1 – point j a (new)
(ja) where applicable, the information that the producer makes it possible, and provides access to the third party producers to information that facilitates manufacturing of replacement parts.
Amendment 254 #
Proposal for a directive
Article 2 – paragraph 1 – point 3 – point a
Article 2 – paragraph 1 – point 3 – point a
Directive 2011/83/EU
Article 6 – paragraph 1 – point m a
Article 6 – paragraph 1 – point m a
(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;
Amendment 258 #
Proposal for a directive
Article 2 – paragraph 1 – point 3 – point a
Article 2 – paragraph 1 – point 3 – point a
Directive 2011/83/EU
Article 6 – paragraph 1 – point m b
Article 6 – paragraph 1 – point m b
(mb) for energy-using goods, where the producer does not make available information referred to in point (ma), information that the producer has not provided information on the existence of a commercial guarantee of durability of more than two years. This information shall be at least as prominent as any other information about the existence and the conditions of after- sales services and commercial guarantees provided in accordance with point (m);
Amendment 259 #
Proposal for a directive
Article 2 – paragraph 1 – point 3 – point a
Article 2 – paragraph 1 – point 3 – point a
Directive 2011/83/EU
Article 6 – paragraph 1 – point m c
Article 6 – paragraph 1 – point m c
(mc) for goods with digital elements, where the producer makes such information availapplicable, the minimum period in units of time during which the producer provides software updates, unless the contract provides for a continuous supply of the digital content or digital service over a period of time. Where information about the existence of a commercial guarantee of durability is provided in accordance with point (ma), the information on the updates shall be provided if those updates are supplied for a longer period than the commercial guarantee of durabilityvider provides software updates;
Amendment 266 #
Proposal for a directive
Article 2 – paragraph 1 – point 3 – point a
Article 2 – paragraph 1 – point 3 – point a
Directive 2011/83/EU
Article 6 – paragraph 1 – point m d
Article 6 – paragraph 1 – point m d
(md) for digital content and digital services, where their provider is different from the trader and makes such information available, the reasonably expected 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;
Amendment 267 #
Proposal for a directive
Article 2 – paragraph 1 – point 3 – point a
Article 2 – paragraph 1 – point 3 – point a
Directive 2011/83/EU
Article 6 – paragraph 1 – point md a (new)
Article 6 – paragraph 1 – point md a (new)
(mda) The manufacturer of the product shall provide the relevant information on sustainable consumption choices to all other traders interacting with the customers for the purpose of delivering such an information to customers. The traders who do not act as the manufacturers of the product shall be responsible for presenting all required information. The manufacturer shall be responsible for the accuracy and correctness of the information unless it concerns an obvious or otherwise easy to discover false claim for a diligent economic operator.
Amendment 272 #
Proposal for a directive
Article 2 – paragraph 1 – point 3 – point b
Article 2 – paragraph 1 – point 3 – point b
Directive 2011/83/EU
Article 6 – paragraph 1 – point u
Article 6 – paragraph 1 – point u
(u) where applicable, and where the provider makes such information available the reparability score for the goods;
Amendment 273 #
Proposal for a directive
Article 2 – paragraph 1 – point 3 – point b
Article 2 – paragraph 1 – point 3 – point b
Directive 2011/83/EU
Article 6 – paragraph 1 – point u a (new)
Article 6 – paragraph 1 – point u a (new)
(ua) where the producer does not make available the information referred to in point (u), information that the producer has not provided information on the reparability score. This information shall be displayed in a prominent way.
Amendment 279 #
Proposal for a directive
Article 2 – paragraph 1 – point 3 – point b
Article 2 – paragraph 1 – point 3 – point b
Directive 2011/83/EU
Article 6 – paragraph 1 – point v a (new)
Article 6 – paragraph 1 – point v a (new)
(va) where applicable, the information that the producer makes it possible, and provides access to the third party producers to information that facilitates manufacturing of replacement parts.
Amendment 282 #
Proposal for a directive
Article 3 – paragraph 1
Article 3 – paragraph 1
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. That report shall contain an assessment if the Directive contributed to the removal of the non-tariff barriers to the trade of sustainable products and services in the internal market and achieved the objective of enhancing the protection of consumers against unfair commercial practices and misleading advertising of products advertised as sustainable as well as a summary of positive and negative effects on businesses, and in particular on small and medium-sized enterprises.
Amendment 286 #
Proposal for a directive
Article 4 – paragraph 1 – subparagraph 1
Article 4 – paragraph 1 – subparagraph 1
Member States shall adopt and publish by [1824 months from adoption] at the latest, the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of those provisions.
Amendment 289 #
Proposal for a directive
Article 4 – paragraph 1 – subparagraph 2
Article 4 – paragraph 1 – subparagraph 2
They shall apply those provisions from [2430 months from adoption].
Amendment 299 #
Proposal for a directive
Annex I – paragraph 1 – point 2
Annex I – paragraph 1 – point 2
Directive 2005/29/EC
Annex I – point 4 a
Annex I – point 4 a
4a. Making a generic environmental claim for which the trader is not able to demonstrate recognised excellent environmental performance relevant to thevague or non-specific environmental claim.
Amendment 301 #
Proposal for a directive
Annex I – paragraph 1 – point 2
Annex I – paragraph 1 – point 2
Directive 2005/29/EC
Annex I – point 4 b
Annex I – point 4 b
4b. Making an environmental claim about the entire product when it actually concerns only a certain aspect of the product and which overall value for the environment does not exceed other elements of the product.;
Amendment 315 #
Proposal for a directive
Annex I – paragraph 1 – point 4
Annex I – paragraph 1 – point 4
Directive 2005/29/EC
Annex I – point 23 d
Annex I – point 23 d
23d. Omitting to inform the consumer that a mandatory software update will have reasonably predictable consequences and as a result 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.
Amendment 331 #
Proposal for a directive
Annex I – paragraph 1 – point 4
Annex I – paragraph 1 – point 4
Directive 2005/29/EC
Annex I – point 23 g
Annex I – point 23 g
23g. Presenting goods as allowing repair when they do not or repair is significantly hindered, or omitting to inform the consumer that goods do not allow repair in accordance with legal requirements.
Amendment 340 #
Proposal for a directive
Annex I – paragraph 1 – point 4
Annex I – paragraph 1 – point 4
Directive 2005/29/EC
Annex I – point 23i a (new)
Annex I – point 23i a (new)
23ia. Offering by the same producer or trader of disadvantageous terms or of a shorter period of commercial guarantee for the same product in one or more Member States resulting in a disadvantageous situation when comparing the situations in different Member States.