BETA

64 Amendments of Matthias ECKE related to 2022/0092(COD)

Proposal for a directive
Recital 4

(4) Environmental claims, in particular climate-related claims, increasingly relate to future performance in the form of a transition to carbon or climate neutrality, or a similar objective, by a certain date. Through such claims, traders create the impression that consumers contribute to a low-carbon economy by purchasing their products. To ensure the fairness and credibility of such claims, Article 6(2) of Directive 2005/29/EC should be amended to prohibit such claims, following a case- by-case assessment, when they are based on offsetting schemes or are not supported by clear, objective and verifiable commitments and targets given by the trader~~. Such claims should also be supported by an independent monitoring system to monitor the progress of the trader with regard to the commitments and targets~~, including a detailed and realistic implementation plan to achieve the objectives set. That plan should include concrete and verifiable interim targets consistent with achieving the trader's long-term commitment, underpinned by a sufficient budget and based only on existing economically and technically viable technologies. The implementation plan, as well as the progress made throughout its implementation, should be made publicly available online and regularly reported upon by the trader. Claims should also be supported by an independent monitoring system to monitor the progress of the implementation plan, the trader’s commitments and targets. Claims related to future environmental performance should not be used on product level, as they could mislead as to the current environmental performance of the concrete product in question.

2022/10/14
Committee: ENVI

Proposal for a directive
Recital 7

(7) The displaying of sustainability labels or sustainability information tools which are not based on a certification scheme ~~or not established by public~~and were not pre-approved by a national authorit~~ies~~y should be prohibited by including such practices in the list in Annex I to Directive 2005/29/EC. Sustainability labels or sustainability information tools that have been pre- approved by a competent national authority should be recognised by all Member States, according to the principle of mutual recognition, and should fulfil certain minimum requirements. The Commission should be empowered to adopt a delegate acts to set out the minimum requirements for such labels and tools. The Commission should be empowered to adopt an implementing act to lay down the procedure for pre- approval of sustainability labels and sustainability information tools. Sustainability labels established by public authorities should be exempt from the pre-approval procedure. The certification scheme should fulfil minimum transparency and credibility conditions. 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.

2022/10/14
Committee: ENVI

Proposal for a directive
Recital 9 a (new)

(9a) Annex I to Directive 2005/29/EC should also be amended to prohibit environmental claims being made that state that a good has a neutral or positive carbon emissions’ impact on the environment. Examples of such environmental claims are ‘carbon neutral’, ‘carbon positive’, ‘climate neutral’, ‘CO2 neutral’, ‘carbon neutral certified’. Such claims should be prohibited as they imply carbon emissions’ neutrality which is scientifically impossible to substantiate. Sustainability labels containing environmental claims should also be prohibited.

2022/10/14
Committee: ENVI

Proposal for a directive
Recital 14 a (new)

(14a) In order to improve the welfare of the consumer , the amendments to Annex I to Directive 2005/29/EC should also address the way in which software updates are presented to consumers. The bundling of security updates with other types of updates, such as feature or functionality updates, should be prohibited in order to ensure that consumers are protected from unwanted content when making their purchasing decision. To further strengthen consumer information, consumers should in all cases be informed in a clear and understandable manner whether the update is necessary to keep the product inconformity.

2022/10/14
Committee: ENVI

Proposal for a directive
Recital 15

(15) It should be prohibited to ~~omit to inform the consumer that~~supply a software update, including a security update, which 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.

2022/10/14
Committee: ENVI

Proposal for a directive
Recital 16

(16) It should also be prohibited to ~~omit to inform the consumer about the existence of~~introduce a feature of the good ~~introduced to~~that limits its durability. 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. The prohibition ~~of omitting to inform consumers of~~to introduce such features of the goods ~~complements and~~ does 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).

2022/10/14
Committee: ENVI

Proposal for a directive
Recital 18

(18) Similarly, Annex I to Directive 2005/29/EC should also be amended to prohibit ~~presenting products as~~marketing a good as reparable where it does not allow~~ing~~ repair ~~when such repair is not possible, as well as omitting to inform consumers that it is not possible to repair goods in accordance with legal requirements~~in accordance with legal requirements. In addition, Annex I to Directive 2005/29/EC should also be amended to ensure that the consumer is always informed of repair restrictions such as the unavailability of repair services, the unavailability of spare parts or the refusal to repair in the event that the product has been repaired by an individual other than an authorised or licensed repair professional within the distribution network.

2022/10/14
Committee: ENVI

Proposal for a directive
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 ~~inducing the consumer into~~marketing goods that require 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 print~~marketing a printer that requires consumer,s to replace the printer ink cartridges before they are actually empty in order to stimulate the purchase of additional ink cartridges would be prohibited.

2022/10/14
Committee: ENVI

Proposal for a directive
Recital 21

(21) Annex I to Directive 2005/29/EC should also be amended to prohibit ~~omitting to inform the consumer that the good is designed to limit its~~marketing goods that are designed in a way that limits their 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.

2022/10/14
Committee: ENVI

Proposal for a directive
Recital 23

(23) A good indicator of a good’s durability is the duration of the legal guarantee of conformity, including the voluntary extensions provided by the trader or the producer without additional cost to the consumer, as well as the producer’s commercial guarantee of durability within the meaning of Article 17 of Directive (EU) 2019/771 if provided without additional cost. Therefore, Directive 2011/83/EU should be amended to specifically require traders ~~selling goods to inform consumers about the existence of the producer’s commercial guarantee of durability for all types of goods, where the producer makes this information available~~to provide, before the conclusion of the contract, a guaranteed lifespan label. Such a label should, as a minimum, display the length of the legal guarantee of conformity during which the remedies laid down in Article 13 of Directive (EU) 2019/771 will be available to the consumer, as well as any voluntary extension of the guarantee provided without additional cost.

2022/10/14
Committee: ENVI

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

2022/10/14
Committee: ENVI

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

2022/10/14
Committee: ENVI

Proposal for a directive
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 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.deleted

2022/10/14
Committee: ENVI

Proposal for a directive
Recital 27

(27) In order to make it easier for consumers to take an informed transactional decision when comparing goods before concluding a contract, traders ~~should inform consumers about the existence and dur~~and producers should include, on the guaranteed lifespan label, information, ofn the p~~roducer’s commercial guarantee of durability~~eriod of the voluntary extension to the legal guarantee only where it applies for the entire good and not for specific components of the good.

2022/10/14
Committee: ENVI

Proposal for a directive
Recital 28

(28) The producer and the seller should remain free to offer other types of commercial guarantees and after-sales services of any duration. However, the information provided to the consumer about such other commercial guarantees or services should not confuse the consumer with regard to the existence and duration of the producer’s commercial guarantee of durability that covers the entire good and has a duration of more than two years.deleted

2022/10/14
Committee: ENVI

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 including, as a 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 updatesimum, the mandatory period for which the updates should be provided in accordance with Union law.

2022/10/14
Committee: ENVI

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 the digital content or digital service, where the provider is different from the trader, ~~commits to~~will provide software updates, including security updates, necessary to keep the digital content and digital services in conformity. IThis 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 updatshall include, as a minimum, the mandatory period for which the updates should be provided in accordance with Union law. The provider will provide this information to the trader in all cases.

2022/10/14
Committee: ENVI

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. Until such a reparability score is established under Union law, national law providing for reparability scores applies.

2022/10/14
Committee: ENVI

Proposal for a directive
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 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, and a user and repair manual.~~ , such as information about the availability and affordability of the spare parts necessary to repair a good, including the length of the period during which spare parts and accessories are available, the procedure for ordering them, the availability of a user and repair manual as well as repair tools and services. This information should be provided to the respective traders by the producers of the goods.

2022/10/14
Committee: ENVI

Proposal for a directive
Recital 33

(33) Traders should provide consumers with information about the existence and duration of the producer’s commercial guarantee of durability, the minimum period for updates and the repair information other than the reparability score, where the producer or provider of the digital content or digital service, when different from the trader, makes the relevant information available. In particular, as regards goods, the trader should convey to consumers theis information ~~that the producer has provided to the trader or has otherwise intended to make readily available to the consumer~~ before the conclusion of the contract, by indicating it on the product itself, its packaging or tags and labels that the consumer would normally consult before concluding the contract. The trader should not be required to actively search for ~~such information~~commitments from the producer that go beyond what is required by Union law, for example, on the product-specific websites.

2022/10/14
Committee: ENVI

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

Directive 2005/29/EC
Article 2 – paragraph 1 – point r a (new)

(ra) ‘pre-approval of sustainability labels or sustainability information tools’ means an ex-ante conformity assessment to be performed by a competent national authority;

2022/10/14
Committee: ENVI

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 complies with certain ~~requirements~~publicly available and independently developed requirements reflecting a significant improvement on the otherwise applicable product law, and for which the monitoring of compliance is objective, based on international, Union or national standards and procedures and carried out by a party independent from both the scheme owner and the trader;

2022/10/14
Committee: ENVI

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

Directive 2005/29/EC
Article 2 – paragraph 1 – point s a (new)

(sa) "offsetting" means a claim that the acquisition of credits or provision of financial support for environmental projects elsewhere, such as the purchase of carbon credits, compensates for the purchasers own environmental impact, or that of their goods or services. Offsetting is typically achieved through financial support for projects. This financial support is typically provided through the purchase of carbon credits (for greenhouse gases mitigation projects) or plastic credits (for plastic recovery projects);

2022/10/14
Committee: ENVI

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

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

(u) ‘recognised excellent environmental performance’ means environmental performance compliant with Regulation (EC) 66/2010 of the European Parliament and of the Council*, with national or regional EN ISO 14024 type I ecolabelling schemes officially recognised in accordance with Article 11 of Regulation (EC) 66/2010, or top environmental performance in accordance with other applicable Union law; , corresponding indicatively to 10-20% of the products available in the Union market in terms of environmental performance; ____________ * Regulation (EC) No 66/2010 of the European Parliament and of the Council of 25 November 2009 on the EU Ecolabel (OJ L 27, 30.1.2010, p. 1).

2022/10/14
Committee: ENVI

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

Directive 2005/29/EC
Article 2 – paragraph 1 – point w a (new)

(wa) ‘security update’ means a security update as defined in point 35 of the Annex to Commission Regulation (EU).../... [ecodesign implementing Regulation for tablets and smartphones];

2022/10/14
Committee: ENVI

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

Directive 2005/29/EC
Article 2 – paragraph 1 – point w b (new)

(wb) ‘functionality update’ means a security update as defined in point 36 of the Annex to Commission Regulation (EU).../... [ecodesign implementing Regulation for tablets and smartphones];

2022/10/14
Committee: ENVI

Proposal for a directive
Article 1 – paragraph 1

Directive 2005/29/EC
Article 2 – paragraph 1 – point y a (new)

(ya) ‘fossil fuels’ means all fuels formed from hydrocarbon deposits (including, but not limited to, oil, fossil gas, and coal), the burning or combustion of which releases greenhouse gases;

2022/10/14
Committee: ENVI

Proposal for a directive
Article 1 – paragraph 1

Directive 2005/29/EC
Article 2 – paragraph 1 – point y b (new)

(yb) ‘specific environmental claim’ means an explicit environmental claim on a given environmental aspect whereby the specification of the claim is provided in clear and prominent terms on the same medium ;

2022/10/14
Committee: ENVI

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.;

2022/10/14
Committee: ENVI

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 based on offsetting schemes, or without clear, objective and verifiable reduction commitments ~~and~~, a detailed and realistic implementation plan with reference to budgetary commitments, based on widely available technologies, without feasible targets and without an independent monitoring system;

2022/10/14
Committee: ENVI

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 products, including through a sustainability information tool, information about whether that tool has been pre-approved in accordance with minimum requirements, the method of comparison, the products which are the object of comparison 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.;

2022/10/14
Committee: ENVI

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

Directive 2005/29/EC
Article 7 – paragraph 7 a (new)

7a. By ...[12 months from adoption], the Commission shall adopt delegated acts in accordance with Article 16a to supplement this Directive by establishing minimum requirements in relation to sustainability labels and sustainability information tools. When adopting the delegated acts, the Commission shall ensure award criteria are publicly available free of cost, developed in an independent process, periodically revised, and reflecting significant improvements compared to common practice in the relevant market or Union product requirements, if applicable, with an impartial control procedure, including third party verification and transparency of the scheme owner. The Commission shall ensure accessibility to all market players, procedural transparency for consumers, scientific robustness and stakeholder relevance and compliance and dispute resolution mechanisms. If a sustainability label or a sustainability information tool is focused on one particular environmental aspect, this shall be clearly and prominently communicated to consumers. For the sake of transparency, all pre-approved sustainability labels and sustainability information tools shall be published in a publicly available online register, which is to be updated regularly by the competent national authorities.

2022/10/14
Committee: ENVI

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

Directive 2005/29/EC
Article 7 – paragraph 7 b (new)

7b. The Commission shall adopt an implementing act specifying the details of the approval procedure for sustainability labels and sustainability information tools referred to in paragraph 8. That implementing act shall be adopted in accordance with the advisory procedure referred to in Article 16b.

2022/10/14
Committee: ENVI

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

Directive 2005/29/EC
Article 16 a (new)

(3a) The following article is inserted: ‘Article 16a Exercise of the delegation 1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article. 2. The power to adopt delegated acts referred to in Article 7(7a) shall be conferred on the Commission for a period of six years from...[one month after entry into force of this Directive]. 3. The delegation of power referred to in Article 7(7a) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force. 4. Before adopting a delegated act, the Commission shall consult experts designated by each Member State acting in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making. 5. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council. 6. A delegated act adopted pursuant to Article 7(7a) shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.’

2022/10/14
Committee: ENVI

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

Directive 2005/29/EC
Article 16 b (new)

(3b) The following article is inserted: ‘Article 16b Committee procedure 1. The Commission shall be assisted by a Committee. That Committee shall be a committee within the meaning of Regulation (EU) No 182/2011. 2. Where reference is made to this paragraph, Article 4 of Regulation (EU) No 182/2011 shall apply.’

2022/10/14
Committee: ENVI

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 commercial guarantee of durability and its duration in units of time~~a label indicating the guaranteed lifespan of the goods, the digital content and the digital services, including, as a minimum, wthe~~re that guarantee covers the entire good and has a dura~~ duration of the legal guarantee of conformity, and where applicable, the existence and the conditions of ~~more than two year~~after-sales services and commercial guarantees;

2022/10/14
Committee: ENVI

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

Directive 2011/83/EU
Article 2 – 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

2022/10/14
Committee: ENVI

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 updates are supplied for a longer period than the commercial guarantee of durabilitythe minimum period from the time of purchase in units of time during which the producer provides software updates, including, as a minimum, the mandatory period for which the updates shall be provided in accordance with the applicable Union law;

2022/10/14
Committee: ENVI

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 content or digital service over a period of time~~ including, as a minimum, the mandatory period for which the updates shall be provided in accordance with the Union law;

2022/10/14
Committee: ENVI

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

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

(j) when point (i) is not applicable, information ~~made available~~provided by the producer about the availability ~~of spare parts, including~~and affordability of the spare parts necessary to repair a product, including the length of the period during which spare parts and accessories are available, the procedure of ordering them, and about the availability of a user and repair manual. and repair tools and services;

2022/10/14
Committee: ENVI

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 commercial guarantee of durability and its duration in units of time~~the guaranteed lifespan label expressed in units of time for the goods, digital content and digital services, including, as a minimum, wthe~~re that guarantee covers the entire good and has a duration of more than two years~~ duration of the legal guarantee of conformity;

2022/10/14
Committee: ENVI

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

2022/10/14
Committee: ENVI

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 updates are supplied for a longer period than the commercial guarantee of durabilitythe minimum period from the time of purchase in units of time during which the producer provides software updates, including, as a minimum, the mandatory period for which the updates shall be provided in accordance with Union law;

2022/10/14
Committee: ENVI

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 content or digital service over a period of time~~including, as a minimum, the mandatory period for which the updates shall be provided in accordance with Union law;

2022/10/14
Committee: ENVI

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

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

(v) when point (u) is not applicable, information ~~made available~~provided by the producer about the availability ~~of spare parts, including~~and affordability of the spare parts necessary to repair goods, including the length of the period during which spare parts and accessories are available, the procedure of ordering them, and about the availability of a user and repair manual and repair tools and services.;

2022/10/14
Committee: ENVI

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

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

2a. Displaying a sustainability label or a sustainability information tool which is not based on a certification scheme ~~or not est~~and pre-approved by a national competent authority in accordance with the minimum requirements for sustainabili~~shed by public authorities.~~ty labels laid down by the Commission in a delegated act;

2022/10/14
Committee: ENVI

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

Directive 2005/29/EC
Annex I – point 2 a a (new)

2aa. Displaying the environmental claim "biodegradable", "compostable" or equivalent with regards to plastic or bio- plastic where composting of biodegradable plastic is not possible in a large proportion of waste enterprises.

2022/10/14
Committee: ENVI

Proposal for a directive
Annex I – paragraph 1 – point 2

Directive 2005/29/EC
Annex I – point 4 b

4b. Making an environmental claim about the entire product or the trader’s business when it actually concerns only a certain aspect of the product or of the trader’s business.;

2022/10/14
Committee: ENVI

Proposal for a directive
Annex I – paragraph 1 – point 2

Directive 2005/29/EC
Annex I – point 4 b a (new)

4ba. Making an environmental claim which cannot be substantiated in accordance with legal requirements.

2022/10/14
Committee: ENVI

Proposal for a directive
Annex I – paragraph 1 – point 2

Directive 2005/29/EC
Annex I – point 4 b b (new)

4bb. Claiming that a good, business or a service has a neutral, reduced, compensated, positive environmental impact based on offsetting.

2022/10/14
Committee: ENVI

Proposal for a directive
Annex I – paragraph 1 – point 2

Directive 2005/29/EC
Annex I – point 4 b c (new)

4bc. Making an environmental claim with the effect of promoting fossil fuel products, fossil fuel transportation or highly polluting industries, apart from services of general economic interest.

2022/10/14
Committee: ENVI

Proposal for a directive
Annex I – paragraph 1 – point 2

Directive 2005/29/EC
Annex I – point 4 b d (new)

4bd. Making an environmental claim on the content of the product based on an accounting method that allows for the free allocation of inputs to final outputs, without telling consumers that only a residual amount of the input in question was actually fed into the production process of the final product offered for sale.

2022/10/14
Committee: ENVI

Proposal for a directive
Annex I – paragraph 1 – point 2

Directive 2005/29/EC
Annex I – point 4 b e (new)

4be. Making a specific environmental claim without using a relevant assessment method and communication rules both established in accordance with Union or national law.

2022/10/14
Committee: ENVI

Proposal for a directive
Annex I – paragraph 1 – point 4

Directive 2005/29/EC
Annex I – point 23 d a (new)

23da. Claiming that a good has a neutral or positive greenhouse gas emissions’ impact on the environment.

2022/10/14
Committee: ENVI

Proposal for a directive
Annex I – paragraph 1 – point 4

Directive 2005/29/EC
Annex I – point 23 d b (new)

23db. Supplying a software update which 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.

2022/10/14
Committee: ENVI

Proposal for a directive
Annex I – paragraph 1 – point 4

Directive 2005/29/EC
Annex I – point 23 d c (new)

23dc. Omitting to inform the consumer in a clear and understandable manner that the update is not necessary to keep the product in conformity.

2022/10/14
Committee: ENVI

Proposal for a directive
Annex I – paragraph 1 – point 4

Directive 2005/29/EC
Annex I – point 23 e

23e. ~~Omitting to inform the consumer about the existence of a feature of a good introduced to limit its durability~~Bundling security updates with other software updates.

2022/10/14
Committee: ENVI

Proposal for a directive
Annex I – paragraph 1 – point 4

Directive 2005/29/EC
Annex I – point 23 e a (new)

23ea. Engaging in practices that lead to shortening a product’s lifespan and stimulate the purchase of a new product.

2022/10/14
Committee: ENVI

Proposal for a directive
Annex I – paragraph 1 – point 4

Directive 2005/29/EC
Annex I – point 23 e b (new)

23eb. Marketing a good without fixing, within a reasonable time, a design issue that leads to an early failure of this good.

2022/10/14
Committee: ENVI

Proposal for a directive
Annex I – paragraph 1 – point 4

Directive 2005/29/EC
Annex I – point 23 g

23g. ~~Presen~~Marketing a good~~s as allowing repair when they do not or omitting to inform the consumer that goods do~~ which does not allow repair in accordance with legal requirements.

2022/10/14
Committee: ENVI

Proposal for a directive
Annex I – paragraph 1 – point 4

Directive 2005/29/EC
Annex I – point 23 g a (new)

23ga. Omitting to inform the consumer about the unavailability of spare parts and other repair restrictions.

2022/10/14
Committee: ENVI

Proposal for a directive
Annex I – paragraph 1 – point 4

Directive 2005/29/EC
Annex I – point 23 h

23h. ~~Inducing the consumer into~~Marketing a good that requires replacing the consumables ~~of a good~~ earlier than is necessary for technical reasons ~~is necessary~~.

2022/10/14
Committee: ENVI

Proposal for a directive
Annex I – paragraph 1 – point 4

Directive 2005/29/EC
Annex I – point 23 i

23i. ~~Omitting to inform that a good~~Marketing a good that is designed to limit its functionality when using consumables, spare parts or accessories that are not provided by the original producer..

2022/10/14
Committee: ENVI

Proposal for a directive
Annex I – paragraph 1 – point 4

Directive 2005/29/EC
Annex I – point 23 i a (new)

23ia. Marketing a good which is not compliant with the requirements under Directive 2009/125/EC of the European Parliament and of the Council1a. __________________ 1a Directive 2009/125/EC of the European Parliament and of the Council of 21 October 2009 establishing a framework for the setting of ecodesign requirements for energy-related products (OJ L 285 31.10.2009, p. 10).

2022/10/14
Committee: ENVI