[ParlTrack]

Sandro GOZI, Jordi CAÑAS, Karen MELCHIOR

Proposal for a directive
Recital 1

(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 and credible, 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.

2022/11/24
Committee: IMCO

Sandro GOZI, Jordi CAÑAS, Karen MELCHIOR

Proposal for a directive
Recital 6

(6) Comparing or rating products based on their environmental or social aspects, including through the use of sustainability information tools, is an increasingly common marketing technique. In order to ensure that such comparisons or ratings do not mislead consumers, Article 7 of Directive 2005/29/EC should be amended to require that the consumer is provided with information about the method of the comparison or rating, the products which are the object of comparison or rating and the suppliers of those products, and the measures to keep information up to date. This should ensure that consumers make better informed transactional decisions when using such services. The comparison or rating should be objective by, in particular, comparing or rating products which serve the same function, using a common method and common assumptions, and comparing or rating material and verifiable features of the products being compared or rated.

2022/11/24
Committee: IMCO

Sandro GOZI, Jordi CAÑAS, Karen MELCHIOR

Proposal for a directive
Recital 7

(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 and be supported by methods to monitor compliance that are proportionate and relevant to the nature of the products, processes, or businesses that are subject to the scheme. 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.

2022/11/24
Committee: IMCO

Sandro GOZI, Jordi CAÑAS, Karen MELCHIOR

Proposal for a directive
Recital 7 a (new)

(7a) Sustainability initiatives, including certification schemes and sustainability labels that foster the uptake of sustainable market practices by SMEs should be encouraged.

2022/11/24
Committee: IMCO

Sandro GOZI, Jordi CAÑAS, Karen MELCHIOR

Proposal for a directive
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, consumers should be informed about the period of time during which free software updates are available, including both security and other, functionality or features updates, which 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. __________________ 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).

2022/11/24
Committee: IMCO

Sandro GOZI, Jordi CAÑAS, Karen MELCHIOR

Proposal for a directive
Recital 24

(24) The problem of limited durability contrary to consumer expectations is most relevant for energy-using goods, which are goods that function from an external energy source. Consumers are also most interested in receiving information about the expected durability of this category of goods. For these reasons, only for this category of goods, consumers should be made aware that the information about the existence of a producer’s commercial guarantee of durability of more than two years has not been provided by the producer.deleted

2022/11/24
Committee: IMCO

Sandro GOZI, Jordi CAÑAS, Karen MELCHIOR

Proposal for a directive
Recital 25

(25) Goods containing energy-using components, where those components are mere accessories and do not contribute to the main function of those goods, such as decorative lighting for clothing or footwear or electric light for a bicycle, should not be classified as energy-using goods.deleted

2022/11/24
Committee: IMCO

Sandro GOZI, Jordi CAÑAS, Karen MELCHIOR

Proposal for a directive
Recital 29

(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 ~~commits to~~will provide software updates for such goods. However, to avoid overloading consumers with information, such information should only be provided when this period is longer than the period of the producer’s commercial guarantee of durability, as that guarantee entails the provision of updates, including security updates, that are necessary to maintain the required functions and performance of goods with digital elements. Furthermore, information about the producer’s commitment to provide software updates is relevant only where the sales contract regarding goods with digital elements provides for a single act of supply of the digital content or digital service in respect of which Article 7(3), point (a), of Directive (EU) 2019/771 applies. In contrast, there should be no new obligation to provide that information where the sales contract provides for a continuous supply of the digital content or digital service over a period of time, since for those contracts Article 7(3), point (b), of Directive (EU) 2019/771 specifies, by reference to Article 10 (2) or (5), the period of time during which the seller is to ensure that the consumer is informed of and supplied with updates including, as a minimum, the mandatory period for which the updates shall be provided in accordance with Directive (EU) 2019/771.

2022/11/24
Committee: IMCO

Sandro GOZI, Jordi CAÑAS, Karen MELCHIOR

Proposal for a directive
Recital 30

(30) Likewise, traders offering digital content and digital services should also inform consumers about the minimum period ~~during which the provider~~ of thime 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 updatesuring which the producer will provide software updates for such goods including, as a minimum, the mandatory period for which the updates shall be provided in accordance with Directive (EU) 2019/770.

2022/11/24
Committee: IMCO

Sandro GOZI, Jordi CAÑAS, Karen MELCHIOR

Proposal for a directive
Recital 31

(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~~or national law. In line with Directive 2005/29/EC and Directive 2011/83/EU, this provision should not apply to business-to-business and consumers-to-consumers transactions.

2022/11/24
Committee: IMCO

Sandro GOZI, Jordi CAÑAS, Karen MELCHIOR

Proposal for a directive
Article 1 – paragraph 1 – point 1

Directive 2005/29/EC
Article 2 – paragraph 1 – point s

(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, a process, or a business complies with certain requirements, and for which the monitoring of compliance is objective, based on international, Union or national standards and procedures taking into account the nature of the products, processes, or businesses concerned and carried out by a party independent from both the scheme owner and the trader;

2022/11/24
Committee: IMCO

Sandro GOZI, Jordi CAÑAS, Karen MELCHIOR

Proposal for a directive
Article 1 – paragraph 1 – point 1

Directive 2005/29/EC
Article 2 – paragraph 1 – point w

(w) ‘software update’ means a free update, ~~including a security~~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 or which improves or reduces their durability;

2022/11/24
Committee: IMCO

Sandro GOZI, Jordi CAÑAS, Karen MELCHIOR

Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a

Directive 2005/29/EC
Article 6 – paragraph 1 – point b

(b) the main characteristics of the product, such as its availability, benefits, risks, execution, composition, environmental or social impact, accessories, durability, reparability, reusability, recyclability, 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.;

2022/11/24
Committee: IMCO

Sandro GOZI, Jordi CAÑAS, Karen MELCHIOR

Proposal for a directive
Article 1 – paragraph 1 – point 2 – point b

Directive 2005/29/EC
Article 6 – paragraph 2 – point d

(d) making an environmental claim related to future environmental performance without clear, objective and verifiable commitments and targets and without an independent monitoring system that is based on publicly accessible data, including by consumers;

2022/11/24
Committee: IMCO

Sandro GOZI, Jordi CAÑAS, Karen MELCHIOR

Proposal for a directive
Article 1 – paragraph 1 – point 2 – point b

Directive 2005/29/EC
Article 6 – paragraph 2 – point e

(e) advertising ~~benefits for consumers that are conside~~to consumers benefits of a product's featured as a ~~common practice in the relevant market~~unique selling proposition even though it is a regular feature to all products of the same type.

2022/11/24
Committee: IMCO

Sandro GOZI, Jordi CAÑAS, Karen MELCHIOR

Proposal for a directive
Article 1 – paragraph 1 – point 3

Directive 2005/29/EC
Article 7 – paragraph 7

7. Where a trader provides a service which compares or rates products, including through a sustainability information tool, information about the method of comparison or evaluation, the products which are the object of comparison or rating 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.;

2022/11/24
Committee: IMCO

Sandro GOZI, Jordi CAÑAS, Karen MELCHIOR

Proposal for a directive
Article 2 – paragraph 1 – point 1 – point b

Directive 2011/83/EU
Article 2 – paragraph 1 – point 14 e

(14e) ‘software update’ means a free update, ~~including~~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; or which improves or reduces their durability;

2022/11/24
Committee: IMCO

Sandro GOZI, Jordi CAÑAS, Karen MELCHIOR

Proposal for a directive
Article 2 – paragraph 1 – point 2 – point -a (new)

Directive 2011/83/EU
Article 5 – paragraph 1 – point e

(-a) in paragraph 1, point (e) is replaced by the following: (e) in addition to a reminder of the existence and duration of a legal guarantee of conformity for goods, the existence and the conditions of after-sales services and commercial guarantees, where applicable; Or. en (Directive 2011/83/EU)

2022/11/24
Committee: IMCO

Sandro GOZI, Karen MELCHIOR

Proposal for a directive
Article 2 – paragraph 1 – point 2 – point a

Directive 2011/83/EU
Article 5 – paragraph 1 – point e a

(ea) for all goods, ~~where the producer makes it available, information that the goods benefit from a~~as a minimum, a reminder on the existence and duration of the legal guarantee of conformity, information on the existence and the conditions of after-sales services and information on the existence and duration of commercial guarantees of durability ~~and its duration~~ in units of time, where thate commercial guarantee covers the entire good and has a ~~duration of more than two years~~longer duration than the duration of the legal guarantee of conformity. When sellers have not received any information from the producer on the existence and duration of the commercial guarantee of durability, they shall inform the consumer of the absence of such a guarantee; The guarantee of durability shall include the expected lifespan of a product as communicated by the producer;

2022/11/24
Committee: IMCO

Sandro GOZI, Jordi CAÑAS, Karen MELCHIOR

Proposal for a directive
Article 2 – paragraph 1 – point 2 – point a

Directive 2011/83/EU
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);deleted

2022/11/24
Committee: IMCO

Sandro GOZI, Jordi CAÑAS, Karen MELCHIOR

Proposal for a directive
Article 2 – paragraph 1 – point 2 – point a

Directive 2011/83/EU
Article 5 – paragraph 1 – point e c

(ec) for goods with digital elements, ~~where the producer makes such information available,~~ 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 updatesincluding, as a minimum, the mandatory period for which the updates shall be provided in accordance with Directive (EU) 2019/771, and taking into account the information that the seller was able to collect from the producer in a re ~~supplied for a longer period than the commercial guarantee of durability~~asonable and proportionate manner;

2022/11/24
Committee: IMCO

Sandro GOZI, Jordi CAÑAS, Karen MELCHIOR

Proposal for a directive
Article 2 – paragraph 1 – point 2 – point a

Directive 2011/83/EU
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 minimum period in units of time during which the provider provides software updates, ~~unless the contract provides for a continuous supply of the digital~~ including, as a minimum, the mandatory period for which the updates shall be provided in accordance with Directive (EU) 2019/770, and taking into account~~ent or digital service over a period of time~~ the information that the seller was able to collect from the producer in a reasonable and proportionate manner;

2022/11/24
Committee: IMCO

Sandro GOZI, Jordi CAÑAS, Karen MELCHIOR

Proposal for a directive
Article 2 – paragraph 1 – point 3 – point -a (new)

Directive 2011/83/EU
Article 6 – paragraph 1– point l

(-a) point (l) is amended as follows: ‘(l) a reminder of the existence and duration of a legal guarantee of conformity for goods; ’ Or. en (Directive 2011/83/EU)

2022/11/24
Committee: IMCO

Sandro GOZI, Karen MELCHIOR

Proposal for a directive
Article 2 – paragraph 1 – point 3 – point a

Directive 2011/83/EU
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~~goods, as a minimum, a reminder on the existence and duration of the legal guarantee of conformity, information on the existence and the conditions of after-sales services and information on the existence and duration of commercial guarantees of durability ~~and its duration~~ in units of time, where thate commercial guarantee covers the entire good and has a ~~duration of more than two years;~~ longer duration than the duration of the legal guarantee of conformity. When sellers have not received any information from the producer on the existence and duration of the commercial guarantee of durability, they shall inform the consumer of the absence of such a guarantee; The guarantee of durability should include the expected lifespan of a product as communicated by the producer.

2022/11/24
Committee: IMCO

Sandro GOZI, Jordi CAÑAS, Karen MELCHIOR

Proposal for a directive
Article 2 – paragraph 1 – point 3 – point a

Directive 2011/83/EU
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);deleted

2022/11/24
Committee: IMCO

Sandro GOZI, Jordi CAÑAS, Karen MELCHIOR

Proposal for a directive
Article 2 – paragraph 1 – point 3 – point a

Directive 2011/83/EU
Article 6 – paragraph 1 – point m c

(mc) for goods with digital elements, ~~where the producer makes such information available,~~ 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 updatesincluding, as a minimum, the mandatory period for which the updates shall be provided in accordance with Directive (EU) 2019/771, and taking into account the information that the seller was able to collect from the producer in a re ~~supplied for a longer period than the commercial guarantee of durability~~asonable and proportionate manner;

2022/11/24
Committee: IMCO

Sandro GOZI, Jordi CAÑAS, Karen MELCHIOR

Proposal for a directive
Article 2 – paragraph 1 – point 3 – point a

Directive 2011/83/EU
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 minimum period in units of time during which the provider provides software updates, ~~unless the contract provides for a continuous supply of the digital~~ including, as a minimum, the mandatory period for which the updates shall be provided in accordance with Directive (EU) 2019/770, and taking into account~~ent or digital service over a period of time~~ the information that the seller was able to collect from the producer in a reasonable and proportionate manner;

2022/11/24
Committee: IMCO

Sandro GOZI, Jordi CAÑAS, Karen MELCHIOR, Róża THUN UND HOHENSTEIN

Proposal for a directive
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. The Commission shall assess the necessity for developing and introducing mandatory labelling on the estimated lifetime and reparability of a product, which could take the form of an environmental performance index, taking into account multiple criteria throughout the life cycle of products according to product category.

2022/11/24
Committee: IMCO

Sandro GOZI, Jordi CAÑAS, Karen MELCHIOR

Proposal for a directive
Annex I – paragraph 1 – point 1

Directive 2005/29/EC
Annex I – point 2 a

2a. Displaying a sustainability label which is not based on a certification scheme or not established by public authorities., except where no adequate certification scheme exists for the issue addressed by the label, in which case the use of an independent and recognised by authorities third party verification system shall be allowed;

2022/11/24
Committee: IMCO

Sandro GOZI, Jordi CAÑAS, Karen MELCHIOR