2 Amendments of Valter FLEGO related to 2022/0047(COD)
Amendment 142 #
Proposal for a regulation
Recital 16
Recital 16
(16) It is necessary to lay down rules applying to connected products that, at the time of the sale, rental or leasing agreement incorporate or are interconnected with a service in such a way that the absence of the service would prevent the product from performing itsone of its main functions. Such related services can be part of the sale, rent or lease agreement, or such services are normally provided for products of the same type and the user could reasonably expect them to be provided given the nature of the product and taking into account any public statement made by or on behalf of the seller, renter, lessor or other persons in previous links of the chain of transactions, including the manufacturer. These related services may themselves generate data of value to the user independently of the data collection capabilities of the product with which they are interconnected. Neither the power supply nor the supply of the connectivity are to be interpreted as related services under this Regulation. This Regulation should also apply to a related service that is not supplied by the seller, renter or lessor itself, but is supplied, under the sales, rental or lease contract, by a third party. In the event of doubt as to whether the supply of service forms part of the sale, rent or lease contract, this Regulation should apply. For the sake of legal certainty, electronic communications services are not in scope.
Amendment 421 #
Proposal for a regulation
Article 2 – paragraph 1 – point 3
Article 2 – paragraph 1 – point 3
(3) ‘related service’ means a digital service, including software, which is incorporated in orbut excluding electronic communication services (ECS),which is at the time of the purchase, rental or leasing agreement, inter-connected with a product in such a way that its absence would prevent the product from performing one of its core functions;