24 Amendments of Jean-Lin LACAPELLE related to 2022/0092(COD)
Amendment 63 #
Proposal for a directive
Recital 1
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, 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. To enable sustainable consumption choices, the products offered must be competitive, particularly in terms of their price compared to similar non- sustainable products.
Amendment 71 #
Proposal for a directive
Recital 6
Recital 6
(6) Comparing products based on their environmental or social aspects, including through the use of tools to provide information about their sustainability, information toolsmpact on jobs in the EU (‘social outcome’) and greenhouse gas emissions (‘carbon footprint’), is an increasingly common marketing technique. In order to ensure that such comparisons 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, the products which are the object of comparison and the suppliers of those products and their location, 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 should be objective 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 being compared.
Amendment 87 #
Proposal for a directive
Recital 14
Recital 14
(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. In this respect, the marketing of certain disposable consumer products that generate unnecessary waste, such as disposable electronic cigarettes, should be prohibited.
Amendment 90 #
Proposal for a directive
Recital 15
Recital 15
(15) It should be prohibited to omit to informce the consumer thato make a software update, including a security update, that 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. Furthermore, manufacturers should be required to provide, free of charge, the updates needed to keep the good in conformity for a period corresponding to the estimated lifespan.
Amendment 94 #
Proposal for a directive
Recital 16
Recital 16
(16) It should also be prohibited to omit to inform the consumer about the existence of a feature of the good introducintroduce a feature aimed ato limit itsing the durability of a product. 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. Theis prohibition of omitting to inform consumers of such features of the goods complements and doesshall 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. __________________ 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).;
Amendment 101 #
Proposal for a directive
Recital 20
Recital 20
(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 inducinge the consumer into replacing the consumables of a product 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, the practice of urging the consumer, via the settings of the printer, to replace the printer ink cartridges before they are actually empty in order to stimulate the purchase of additional ink cartridges would be prohibited. Furthermore, it should also be prohibited to fail to inform the consumer of the actual price of a product which has a component or element that needs to be replaced regularly (printer ink cartridge, battery, etc.).
Amendment 106 #
Proposal for a directive
Recital 21
Recital 21
(21) Annex I to Directive 2005/29/EC should also be amended to prohibit omitting to inform the consumer that the the marketing of a 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.
Amendment 121 #
Proposal for a directive
Recital 26
Recital 26
(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, of 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 and of the fact that Directive (EU) 2019/771 is to be reviewed by 2024, the two-year legal guarantee period should be extended to suit product categories with a longer estimated lifespan.
Amendment 129 #
Proposal for a directive
Recital 31
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 as a first step, the reparability score of the good as provided by the producer in accordance with Union lawnational and Union law. This reparability score shall be established according to several criteria, namely the availability and sale price of spare parts in relation to the price of new equipment, including the ordering procedure, information about the disassembly of and access to parts, the length of availability on the market of spare parts and delivery times, and the availability of a user and repair manual. This reparability score should be affixed directly to the product or its packaging. In shops it should be displayed on or in the immediate vicinity of the product, and on websites in the presentation of the equipment and close to the price. Within two years of this Directive entering into force, this reparability score should be extended to a wider category of goods.
Amendment 134 #
Proposal for a directive
Recital 32
Recital 32
(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 yet 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, andabout the availability and sale price of spare parts in relation to the price of new equipment, including the ordering procedure, information about the disassembly of and access to parts, the length of availability on the market of spare parts and delivery times, and the availability of a user and repair manual.
Amendment 140 #
Proposal for a directive
Recital 33 a (new)
Recital 33 a (new)
(33a) Given the key role played by small and medium-sized enterprises in the transition to a more local and circular economy, the Member States and the Commission shall take measures to help them face the administrative and financial burdens.
Amendment 141 #
Proposal for a directive
Recital 35
Recital 35
(35) Since the objectives of this Directive, namely, enabling better informed transactional decisions by consumers to promote sustainable consumption, supporting a more local and circular economy, eliminating practices that cause damage to the sustainable economy and mislead consumers away from sustainable consumption choices, and ensuring a better and consistent application of the Union consumer legal framework, cannot be sufficiently achieved by the Member States individually but can rather, by reason of the Union-wide character of the problem, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary to achieve those objectives.
Amendment 181 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a
Article 1 – paragraph 1 – point 2 – point a
Directive 2005/29/EC
Article 6 – paragraph 1 – point b
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, 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.;
Amendment 205 #
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 d
Article 2 – paragraph 1 – point 14 d
(14d) ‘reparability score’ means a score to be made known to the consumer when they are purchasing new equipment, expressing the capacity of a good to be repaired, based on a method established in accordance with Union law;
Amendment 216 #
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 224 #
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 239 #
Proposal for a directive
Article 2 – paragraph 1 – point 2 – point b
Article 2 – paragraph 1 – point 2 – point b
Directive 2011/83/UE
Article 5 – paragraph 1 – point j
Article 5 – paragraph 1 – point j
(j) when point (i) is not applicable, information made availableprovided 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.; and sale price of spare parts in relation to the price of new equipment, including the procedure of ordering them, information about the disassembly of and access to parts, the length of availability on the market of spare parts and delivery times, and about the availability of a user and repair manual: when this information is not provided by the producer, the consumer shall be informed thereof; support shall be provided to small and medium-sized enterprises to enable them to provide such information;
Amendment 253 #
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 274 #
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
Article 6 – paragraph 1 – point v
(v) when point (u) is not applicable, information made availableprovided 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.and sale price of spare parts in relation to the price of new equipment, including the procedure of ordering them, information about the disassembly of and access to parts, the length of availability on the market of spare parts and delivery times, and about the availability of a user and repair manual; when this information is not provided by the producer, the consumer shall be informed thereof; support shall be provided to small and medium-sized enterprises to enable them to provide such information;
Amendment 319 #
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 thatImposing a software update that will negatively impact the use of goods with digital elements or certain feature of those goods even if the software update improves the function of other features.
Amendment 320 #
Proposal for a directive
Annex I – paragraph 1 – point 4
Annex I – paragraph 1 – point 4
Directive 2005/29/EC
Annex I – point 23d a (new)
Annex I – point 23d a (new)
23da. Failing to inform the consumer of the actual price of a product which has a component or element that needs to be replaced regularly (printer ink cartridge, battery, etc.).
Amendment 321 #
Proposal for a directive
Annex I – paragraph 1 – point 4
Annex I – paragraph 1 – point 4
Directive 2005/29/EC
Annex I – point 23d b (new)
Annex I – point 23d b (new)
23db. Manufacturers not providing, free of charge, the updates needed to keep the good in conformity for a period corresponding to the estimated lifespan.
Amendment 335 #
Proposal for a directive
Annex I – paragraph 1 – point 4
Annex I – paragraph 1 – point 4
Directive 2005/29/EC
Annex I – point 23h a
Annex I – point 23h a
23ha. The person responsible for placing a product on the market employing stratagems seeking to reduce its lifespan and encourage the consumer to buy a one.
Amendment 339 #
Proposal for a directive
Annex I – paragraph 1 – point 4
Annex I – paragraph 1 – point 4
Directive 2005/29/EC
Annex I – point 23 i
Annex I – point 23 i
23i. Omitting to inform that a goodPlacing a good on the market that is designed to limit its functionality when using consumables, spare parts or accessories that are not provided by the original producer.