Progress: Awaiting committee decision
Role | Committee | Rapporteur | Shadows |
---|---|---|---|
Lead | IMCO | BORZAN Biljana ( S&D) | KOKALARI Arba ( EPP), GOZI Sandro ( Renew), CORMAND David ( Verts/ALE), MAZUREK Beata ( ECR), PELLETIER Anne-Sophie ( GUE/NGL) |
Committee Opinion | ECON | ||
Committee Opinion | ENVI | TÓTH Edina ( NA) | Ulrike MÜLLER ( RE), Stelios KYMPOUROPOULOS ( PPE), Joanna KOPCIŃSKA ( ECR), Malte GALLÉE ( Verts/ALE) |
Committee Opinion | JURI |
Lead committee dossier:
Legal Basis:
RoP 57, TFEU 114
Legal Basis:
RoP 57, TFEU 114Subjects
Events
PURPOSE: to update EU consumer protection rules to empower consumers to act in favour of the green transition.
PROPOSED ACT: Directive of the European Parliament and of the Council.
ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure and on an equal footing with the Council.
BACKGROUND: the proposal was one of the initiatives set out in the New Consumer Agenda and Circular Economy Action Plan and is a follow-up to the European Green Deal. Empowering consumers and providing them with cost-saving opportunities is a key building block of the sustainable product policy framework. This is to be achieved through the improved participation of consumers in the circular economy , in particular by providing better information on the durability and reparability of certain products to consumers before concluding the contract and stepping up the protection of consumers against unfair commercial practices that prevent sustainable purchases, such as: (i) greenwashing practices (i.e. misleading environmental claims); (ii) early obsolescence practices (i.e. premature failures of goods), and (iii) the use of unreliable and non-transparent sustainability labels and information tools.
CONTENT: this proposal aims to strengthen consumer rights by amending two directives that protect consumer interests at EU level: Directive 2005/29/EC on unfair commercial practices and Directive 2011/83/EU on consumer rights.
(1) Amendments to the Consumer Rights Directive
The Commission proposes to oblige traders to provide consumers with pre-contractual information on the durability and reparability of products .
As regards the pre-contractual information to be provided to consumers when concluding contracts other than distance or off-premises contracts, six additional items are added to the list of information to be provided to the consumer in a clear and comprehensible manner, prior to purchase. These six additional items consist of:
- information on the existence and length, of a producer’s commercial guarantee of durability for all types of goods , when this information is made available by the producer;
- information that no information has been provided by the producer about the existence of a producer’s guarantee of durability for energy-using goods;
- the existence and length of the period during which the producer commits to providing software updates for goods with digital elements;
- the existence and length of the period during which the provider commits to providing software updates for digital content and digital services;
- the reparability score of the good as applicable under Union law;
- other repair information, should no reparability score be available at Union level – such as information on the availability of spare parts and a repair manual.
(2) Amendments to the Unfair Commercial Practices Directive (UCPD)
First, it is proposed to extend the list of product characteristics about which a trader cannot mislead consumers to cover the environmental or social impact , as well as the durability and reparability. New commercial practices are also included in the list of actions which are to be considered misleading if they cause or are likely to cause the average consumers to take a transactional decision that they would not have otherwise taken. In this regard, the proposal seeks to:
- making an environmental claim related to future environmental performance without clear, objective and verifiable commitments and targets, and without an independent monitoring system;
- ensure that a trader cannot advertise benefits for consumers that are considered as a common practice in the relevant market;
- ensure that a trader can only compare products, including through a sustainability information tool, if they provide information about the method of the comparison, the products and suppliers covered, and the measures to keep information up to date.
Lastly, the Commission proposes to amend the UCPD by adding new practices to the existing ‘black list’ of prohibited unfair commercial practice , such as:
- displaying a sustainability label which is not based on a certification scheme or not established by public authorities;
- making a generic environmental claim for which the trader is not able to demonstrate recognised excellent environmental performance relevant to the claim;
- making an environmental claim about the entire product when it actually concerns only a certain aspect of the product;
- presenting requirements imposed by law on all products in the relevant product category on the Union market as a distinctive feature of the trader’s offer;
- omitting to inform the consumer that a software update 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;
- omitting to inform the consumer about the existence of a feature of a good introduced to limit its durability;
- claiming that a good has a certain durability in terms of usage time or intensity when it does not;
- presenting products as allowing repair when they do not or omitting to inform the consumer that goods do not allow repair in accordance with legal requirements;
- inducing the consumer into replacing the consumables of a good earlier than for technical reasons is necessary;
- failing to inform that a good has limited functionality when using consumables, spare parts or accessories not provided by the original producer.
These amendments aim to ensure legal certainty for traders, but also to facilitate enforcement of cases related to greenwashing and early obsolescence of products.
Documents
- Committee draft report: PE736.537
- Economic and Social Committee: opinion, report: CES1950/2022
- Document attached to the procedure: EUR-Lex
- Document attached to the procedure: SEC(2022)0166
- Document attached to the procedure: EUR-Lex
- Document attached to the procedure: SWD(2022)0085
- Document attached to the procedure: EUR-Lex
- Document attached to the procedure: SWD(2022)0086
- Legislative proposal: COM(2022)0143
- Legislative proposal: EUR-Lex
- Legislative proposal: COM(2022)0143 EUR-Lex
- Document attached to the procedure: EUR-Lex SEC(2022)0166
- Document attached to the procedure: EUR-Lex SWD(2022)0085
- Document attached to the procedure: EUR-Lex SWD(2022)0086
- Economic and Social Committee: opinion, report: CES1950/2022
- Committee draft report: PE736.537
Activities
- Angel DZHAMBAZKI
Plenary Speeches (0)
- Marcel de GRAAFF
Plenary Speeches (0)
- Ulrike MÜLLER
Plenary Speeches (0)
- Stanislav POLČÁK
Plenary Speeches (0)
- Ivan ŠTEFANEC
Plenary Speeches (0)
- Róża THUN UND HOHENSTEIN
Plenary Speeches (0)
- Tom VANDENKENDELAERE
Plenary Speeches (0)
- Clare DALY
Plenary Speeches (0)
- Sandra PEREIRA
Plenary Speeches (0)
- Robert HAJŠEL
Plenary Speeches (0)
- Jordi CAÑAS
Plenary Speeches (0)
- Anne-Sophie PELLETIER
Plenary Speeches (0)
- Mick WALLACE
Plenary Speeches (0)
- Edina TÓTH
Plenary Speeches (0)
- Eugen JURZYCA
Plenary Speeches (0)
- Adriana MALDONADO LÓPEZ
Plenary Speeches (0)
- Vlad-Marius BOTOŞ
Plenary Speeches (0)
- Beata MAZUREK
Plenary Speeches (0)
- Aurélia BEIGNEUX
Plenary Speeches (0)
- Maria-Manuel LEITÃO-MARQUES
Plenary Speeches (0)
- Malte GALLÉE
Plenary Speeches (0)
Amendments | Dossier |
283 |
2022/0092(COD)
2022/10/14
ENVI
283 amendments...
Amendment 100 #
Proposal for a directive Recital 28 Amendment 101 #
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
Amendment 102 #
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
Amendment 103 #
Proposal for a directive Recital 29 (
Amendment 104 #
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,
Amendment 105 #
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,
Amendment 106 #
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.
Amendment 107 #
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 or national law.
Amendment 108 #
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 or national law.
Amendment 109 #
Proposal for a directive Recital 31 a (new) (31a) To allow small and medium-sized enterprises (SMEs) to manage the necessary administrative measures, additional guidelines and administrative support should be foreseen by the Commission and the national authorities and provided to the SMEs.
Amendment 110 #
Proposal for a directive Recital 32 (32) Pursuant to Article 5(1), point (e), and Article 6(1),
Amendment 111 #
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 or national 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. When this information is not made available by the producer, consumers should be informed of it.
Amendment 112 #
Proposal for a directive Recital 33 (33)
Amendment 113 #
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
Amendment 114 #
Proposal for a directive Recital 33 a (new) (33a) The new requirements for compliance with the directives will place a certain burden on national authorities and the SME sector; the European Commission should therefore monitor to ensure that the transposition of the amended directives does not create excessive administrative burdens and that these operators benefit as predicted from a clearer legal framework, fair market practices and the expected elimination of barriers to cross-border trade;
Amendment 115 #
Proposal for a directive Recital 33 a (new) (33a) To promote the acceleration of more durable, repairable and reusable products in line with the circular economy principles, and to protect the consumers against unfair practices, an extended producer responsibility scheme should be applied.
Amendment 116 #
Proposal for a directive Recital 34 (34) Directives 2005/29/EC and 2011/83/EU should continue to work as a ‘safety net’ ensuring that a high level of consumer protection and empowerment can be maintained in all sectors, by complementing sector and product-specific Union law that prevail in case of conflict.
Amendment 117 #
Proposal for a directive Recital 35 (35)
Amendment 118 #
Proposal for a directive Recital 35 (35) Since the objectives of this Directive, namely, enabling better informed transactional decisions by consumers to promote sustainable consumption, 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, including persistent non- tariff barriers to cross-border trade caused by unilateral measures put in place by individual EU countries, 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
Amendment 119 #
Proposal for a directive Recital 35 a (new) (35a) To maintain the policy of promoting sustainable consumption, a sanctions regime is required for practices listed in Annex I of Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005. Products and services sold by one or more traders who have not ensured that such products and services comply with Annex II of Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005, including products and services that come from outside the EU or are sold by one or more traders from outside the EU, should be prohibited.
Amendment 120 #
Proposal for a directive Recital 35 a (new) (35a) In order to facilitate effective enforcement especially with regard to third countries, it is necessary for increased resources to be made available to the competent authorities to enable them to clarify if manufacturers or distributors were forced to make falsified statements about the lifespan of a product, as such an action would undermine the integrity of the internal market. Therefore, to avoid fraud, non- compliance and lower standards with imports increased vigilance and monitoring by the competent authorities on all sides will be required, particularly in relation to online marketplaces.
Amendment 121 #
Proposal for a directive Recital 35 b (new) (35b) To enable the consumers to fully understand the information they receive, the information provided should be clear and precise. Additional or superfluous information could lead to confusion.
Amendment 122 #
Proposal for a directive Article 1 – paragraph 1 – point 1 Directive 2005/29/EC Article 2 – paragraph 1 – point o (o) ‘environmental claim’ means any message or representation, 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 indicates that a product or trader has a positive, minor 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 123 #
Proposal for a directive Article 1 – paragraph 1 – point 1 Directive 2005/29/EC Article 2 – paragraph 1 – point o a (new) (oa) ‘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 purchaser's 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;
Amendment 124 #
Proposal for a directive Article 1 – paragraph 1 – point 1 Directive 2005/29/EC Article 2 – paragraph 1 – point o b (new) (ob) ‘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;
Amendment 125 #
Proposal for a directive Article 1 – paragraph 1 – point 1 Directive 2005/29/EC Article 2 – paragraph 1 – point o c (new) (oc) ‘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;
Amendment 126 #
Proposal for a directive Article 1 – paragraph 1 – point 1 Directive 2005/29/EC Article 2 – paragraph 1 – point o d (new) (od) ‘pre-approval of sustainability labels or sustainability information tools’ means an ex-ante conformity assessment to be performed by a Union or national authority;
Amendment 127 #
Proposal for a directive Article 1 – paragraph 1 – point 1 Directive 2005/29/EC Article 2 – paragraph 1 – point p Amendment 128 #
Proposal for a directive Article 1 – paragraph 1 – point 1 Directive 2005/29/EC Article 2 – paragraph 1 – point p Amendment 129 #
Proposal for a directive Article 1 – paragraph 1 – point 1 Directive 2005/29/EC Article 2 – paragraph 1 – point p Amendment 130 #
Proposal for a directive Article 1 – paragraph 1 – point 1 Directive 2005/29/EC Article 2 – paragraph 1 – point p (p) ‘explicit environmental or social claim’ means an environmental or social claim that is in textual form or contained in a sustainability label;
Amendment 131 #
Proposal for a directive Article 1 – paragraph 1 – point 1 Directive 2005/29/EC Article 2 – paragraph 1 – point q (q) ‘generic environmental claim’ means any
Amendment 132 #
Proposal for a directive Article 1 – paragraph 1 – point 1 Directive 2005/29/EC Article 2 – paragraph 1 – point q (q) ‘generic environmental or social claim’ means any explicit environmental or social claim, not contained in a sustainability label, where the specification of the claim is not provided in clear and prominent terms on the same medium;
Amendment 133 #
Proposal for a directive Article 1 – paragraph 1 – point 1 Directive 2005/29/EC Article 2 – paragraph 1 – point q (q) ‘generic environmental claim’ means any
Amendment 134 #
Proposal for a directive Article 1 – paragraph 1 – point 1 Directive 2005/29/EC Article 2 – paragraph 1 – point q (q) ‘generic environmental claim’ means any
Amendment 135 #
Proposal for a directive Article 1 – paragraph 1 – point 1 Directive 2005/29/EC Article 2 – paragraph 1 – point q (
Amendment 136 #
Proposal for a directive Article 1 – paragraph 1 – point 1 Directive 2005/29/EC Article 2 – paragraph 1 – point q a (new) (qa) ‘specific environmental claim’ means an explicit environmental claim whereby the specification of the claim is provided in the immediate proximity of the claim in clear and prominent terms on the same medium ;
Amendment 137 #
Proposal for a directive Article 1 – paragraph 1 – point 1 Directive 2005/29/EC Article 2 – paragraph 1 – point r (r) ‘sustainability label’ means any voluntary trust mark, quality mark or equivalent, either public or private, that aims to set apart and promote a product, a process or a business with reference to its environmental or social aspects or both and for which criteria are publicly available free of cost, developed and periodically updated in independent processes and reflecting significant improvements compared to common practice in the relevant market or Union minimum product requirements, if applicable. This does not cover any mandatory label required in accordance with Union or national law;
Amendment 138 #
Proposal for a directive Article 1 – paragraph 1 – point 1 Directive 2005/29/EC Article 2 – paragraph 1 – point r (r) ‘sustainability label’ means any voluntary trust mark, quality mark or equivalent, either public or private, that aims to set apart and promote a product, a process or a business with reference to its environmental or social aspects or both. Sustainability labels not established by national authorities shall, as a minimum, be in line with EN ISO 14024 type 1 standard. This does not cover any mandatory label required in accordance with Union or national law;
Amendment 139 #
Proposal for a directive Article 1 – paragraph 1 – point 1 Directive 2005/29/EC Article 2 – paragraph 1 – point r (r) ‘sustainability label’ means any voluntary trust mark, quality mark or equivalent, either public or private, that aims to set apart and promote a product, a process or a business
Amendment 140 #
Proposal for a directive Article 1 – paragraph 1 – point 1 Directive 2005/29/EC Article 2 – paragraph 1 – point r (
Amendment 141 #
Proposal for a directive Article 1 – paragraph 1 – point 1 Directive 2005/29/EC Article 2 – paragraph 1 – point r (r) ‘sustainability label’ means any voluntary trust mark, quality mark or equivalent, either public or private, that aims to set apart and promote a product, a process or a business with reference to its environmental
Amendment 142 #
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 an Union body or competent national authority’
Amendment 143 #
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;
Amendment 144 #
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
Amendment 145 #
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
Amendment 146 #
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, and for which the monitoring of compliance is objective, based on international, Union or national standards and procedures and
Amendment 147 #
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 related to a sustainability label that is open under transparent, fair and non-
Amendment 148 #
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
Amendment 149 #
Proposal for a directive Article 1 – paragraph 1 – point 1 Directive 2005/29/EC Article 2 – paragraph 1 – point s (s)
Amendment 150 #
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
Amendment 151 #
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);
Amendment 152 #
Proposal for a directive Article 1 – paragraph 1 – point 1 Directive 2005/29/EC Article 2 – paragraph 1 – point t (t) ‘sustainability information tool’ means software, including a website, part of a website or an application, operated by or on behalf of a trader, which provides information to consumers about environmental or social aspects of products, or which compares products on those aspects
Amendment 153 #
Proposal for a directive Article 1 – paragraph 1 – point 1 Directive 2005/29/EC Article 2 – paragraph 1 – point t (t) ‘sustainability information tool’ means software, including a website, part of a website or an application, operated by or on behalf of a trader, which provides information to consumers about environmental or social aspects of products, or which compares products on those aspects. In the case of comparison, this comparison shall 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 154 #
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
Amendment 155 #
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; __________
Amendment 156 #
Proposal for a directive Article 1 – paragraph 1 – point 1 Directive 2005/29/EC Article 2 – paragraph 1 – point u (
Amendment 157 #
Proposal for a directive Article 1 – paragraph 1 – point 1 Directive 2005/29/EC Article 2 – paragraph 1 – point u a (new) (ua) ‘offsetting’ means the claim that a purchase or other acquisition of credits, such as carbon or plastic credits, or financial support for environmental projects elsewhere compensates for the purchaser's environmental impact, including impacts of services it provides;
Amendment 158 #
Proposal for a directive Article 1 – paragraph 1 – point 1 Directive 2005/29/EC Article 2 – paragraph 1 – point w (w) ‘software update’ means
Amendment 159 #
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 an operating system update, including security patches, if relevant for a given device, whose main purpose is to provide enhanced security for the device or bring it into conformity;
Amendment 160 #
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];
Amendment 161 #
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 an operating system update that is not necessary to keep the device in conformity and whose main purpose is to improve current functionalities or implement new functionalities;
Amendment 162 #
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];
Amendment 163 #
Proposal for a directive Article 1 – paragraph 1 – point 1 Directive 2005/29/EC Article 2 – paragraph 1 – point x a (new) (xa) 'extended producer responsibility scheme' means 'extended producer responsibility scheme' as defined in Article 3, point (21), of Directive 2008/98/EC of the European Parliament and of the Council1a; ____ 1a Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste and repealing certain Directives (OJ L 312, 22.11.2008, p. 3).
Amendment 164 #
Proposal for a directive Article 1 – paragraph 1 – point 1 Directive 2005/29/EC Article 2 – paragraph 1 – point y a (new) (ya) ‘offsetting’ means a purchase of credits, such as carbon or plastic credits, or provision of financial support for environmental projects, such as reforestation and renewable energy installations, to compensate for the purchaser's own environmental impact, or that of their goods or services;
Amendment 165 #
Proposal for a directive Article 1 – paragraph 1 – point 1 Directive 2005/29/EC Article 2 – paragraph 1 – point y a (new) (ya) ‘social impact’ means an effect on people and communities that happens as a result of an action or inaction related with the manufacturing, labour conditions and trading process of any marketed good;
Amendment 166 #
Proposal for a directive Article 1 – paragraph 1 – point 1 (ya) "commercially sensitive information" means information that, if disclosed, could prejudice a supplier's commercial interest e.g. trade secrets, profit margins or new ideas as referred to in the Communication from the Commission1a __________________ 1a Communication from the Commission Communication on the protection of confidential information by national courts in proceedings for the private enforcement of EU competition law 2020/C 242/01 (OJ C 242, 22.7.2020, p. 1).
Amendment 167 #
Proposal for a directive Article 1 – paragraph 1 – point 1 Directive 2005/29/EC Article 2 – paragraph 1 – point y a (new) (ya) ‘pre-approval of sustainability labels or sustainability information tools’ means an ex-ante conformity assessment to be performed by a Union or national authority ;
Amendment 168 #
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;
Amendment 169 #
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 ;
Amendment 170 #
Proposal for a directive Article 1 – paragraph 1 – point 1 Directive 2005/29/EC Article 2 – paragraph 1 – point y b (new) (yb) ‘social claim’ means any message or representation, 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 indicates that a product, company or trader has a positive or non- negative social impact or is less damaging to indigenous or vulnerable sectors of population than other products or traders, respectively, or has improved their impact over time;
Amendment 171 #
Proposal for a directive Article 1 – paragraph 1 – point 1 Directive 2005/29/EC Article 2 – paragraph 1 – point y c (new) (yc) ‘recognised social performance’ means social performance compliant with top social performance in accordance with corporate social responsibility, corporate sustainability reporting, due diligence regulation and other applicable Union law on the subject such as sustainable corporate governance;
Amendment 172 #
Proposal for a directive Article 1 – paragraph 1 – point 1 a (new) Directive 2005/29/EC Article 5 – paragraph 2 Amendment 173 #
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 through the whole production chain, accessories, durability, reparability, upgradability, reusability, recyclability, the single-use nature, the right to return to the producer, after-
Amendment 174 #
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-
Amendment 175 #
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-
Amendment 176 #
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-
Amendment 177 #
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-
Amendment 178 #
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
Amendment 179 #
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
Amendment 180 #
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
Amendment 181 #
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 certified by international, Union or national standards and/or endorsed by public authorities;
Amendment 182 #
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
Amendment 183 #
Proposal for a directive Article 1 – paragraph 1 – point 2 – point b Directive 2005/29/EC Article 6 – paragraph 2 – point d (d) ‘(d) making an environmental claim related to future environmental performance without clear, objective, sufficiently specific and verifiable commitments and targets and without an independent monitoring system;
Amendment 184 #
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
Amendment 185 #
Proposal for a directive Article 1 – paragraph 1 – point 2 – point b Directive 2005/29/EC Article 6 – paragraph 2 – point e a (new) (ea) making a social claim without clear, objective and verifiable commitments and targets and without an independent monitoring system;
Amendment 186 #
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
Amendment 187 #
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 sustainability labels established by public authorities and 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.
Amendment 188 #
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.
Amendment 189 #
Proposal for a directive Article 1 – paragraph 1 – point 3 Directive 2005/29/EC Article 7 – paragraph 7 a (new) 7a. This Directive shall not discourage the development of industry-led initiatives that meaningfully contribute to achieving the Union’s sustainability objectives. Such initiatives play a crucial role in encouraging behavioural change towards more sustainable choices.
Amendment 190 #
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.
Amendment 191 #
Proposal for a directive Article 1 – paragraph 1 – point 3 Directive 2005/29/EC Article 7 – paragraph 7 b (new) 7b. Sustainability labels shall be accessible to all businesses regardless of their size and financial capability. Certification schemes and sustainability labels that foster the incremental uptake of sustainable practices by microbusinesses, small and medium enterprises shall be encouraged.
Amendment 192 #
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.’
Amendment 193 #
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.’
Amendment 194 #
Proposal for a directive Article 2 – paragraph 1 – point 1 – point a Directive 2011/83/EU Article 2 – paragraph 1 – point 3 a Amendment 195 #
Proposal for a directive Article 2 – paragraph 1 – point 1 – point a (3a) ‘energy-using good’ means any good that depends on energy input (electricity, fossil fuels and renewable energy sources) to work as intended; it covers only durable non-perishable goods;
Amendment 196 #
Proposal for a directive Article 2 – paragraph 1 – point 1 – point b Directive 2011/83/EU Article 2 – paragraph 1 – point 14 a (14a) ‘commercial guarantee of durability’ means a
Amendment 197 #
Proposal for a directive Article 2 – paragraph 1 – point 1 – point b Directive 2011/83/EU Article 2 – paragraph 1 – point 14 d (14d) ‘reparability score’ means a score expressing the capacity of a good to be repaired, based on a harmonised method established in accordance with Union law;
Amendment 198 #
Proposal for a directive Article 2 – paragraph 1 – point 2 – point a Directive 2011/83/EU Article 5 – paragraph 1 – point e a (ea)
Amendment 199 #
Proposal for a directive Article 2 – paragraph 1 – point 2 – point a Directive 2011/83/EU Article 5 – paragraph 1 – point e a (ea)
Amendment 200 #
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 free 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 201 #
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
Amendment 202 #
Proposal for a directive Article 2 – paragraph 1 – point 2 – point a Directive 2011/83/EU Article 5 – paragraph 1 – point e b Amendment 203 #
Proposal for a directive Article 2 – paragraph 1 – point 2 – point a Directive 2011/83/EU Article 2 – paragraph 1 – point e b Amendment 204 #
Proposal for a directive Article 2 – paragraph 1 – point 2 – point a Directive 2011/83/EU Article 2 – paragraph 1 – point e b (
Amendment 205 #
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
Amendment 206 #
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
Amendment 207 #
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,
Amendment 208 #
Proposal for a directive Article 2 – paragraph 1 – point 2 – point a Directive 2011/83/EU Article 2 – 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
Amendment 209 #
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,
Amendment 210 #
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
Amendment 211 #
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
Amendment 212 #
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,
Amendment 213 #
Proposal for a directive Article 2 – paragraph 1 – point 2 – point a Directive 2011/83/EU Article 5 – paragraph 1 – point e d (
Amendment 214 #
(eda) in addition to the guaranteed lifespan label for the goods, digital content and digital services, including as a minimum, a reminder of the existence and duration of the legal guarantee of conformity, the existence and the conditions of after-sales services and commercial guarantees, where applicable;
Amendment 215 #
Proposal for a directive Article 2 – paragraph 1 – point 2 – point b Directive 2011/83/EU Article 5 – paragraph 1 – point i (i) where applicable, the reparability score or carbon footprint for the goods;
Amendment 216 #
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
Amendment 217 #
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
Amendment 218 #
Proposal for a directive Article 2 – paragraph 1 – point 2 – point b (j) when point (i) is not applicable, information made available by the producer about the availability of the spare parts
Amendment 219 #
Proposal for a directive Article 2 – paragraph 1 – point 3 – point a Directive 2011/83/EU Article 6 – paragraph 1 – point m a (ma)
Amendment 220 #
Proposal for a directive Article 2 – paragraph 1 – point 3 – point a Directive 2011/83/EU Article 6 – paragraph 1 – point m a (ma)
Amendment 221 #
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 goods, where the producer makes
Amendment 222 #
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
Amendment 223 #
Proposal for a directive Article 2 – paragraph 1 – point 3 – point a Directive 2011/83/EU Article 6 – paragraph 1 – point m b Amendment 224 #
Proposal for a directive Article 2 – paragraph 1 – point 3 – point a Directive 2011/83/EU Article 6 – paragraph 1 – point m b Amendment 225 #
Proposal for a directive Article 2 – paragraph 1 – point 3 – point a Directive 2011/83/EU Article 6 – paragraph 1 – point m b (
Amendment 226 #
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
Amendment 227 #
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
Amendment 228 #
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,
Amendment 229 #
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
Amendment 230 #
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,
Amendment 231 #
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
Amendment 232 #
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
Amendment 233 #
Proposal for a directive Article 2 – paragraph 1 – point 3 – point a Directive 2011/83/EU Article 6 – paragraph 1 – point m d (
Amendment 234 #
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
Amendment 235 #
(mda) the guaranteed lifespan label for the goods, digital content and digital services, including as a minimum, a reminder of the existence and duration of the legal guarantee of conformity.
Amendment 236 #
Proposal for a directive Article 2 – paragraph 1 – point 3 – point a Directive 2011/83/EU Article 6 – paragraph 1 – point m d a (new) (mda) for all goods, digital content and digital services referred to in points (ma), (mb), (mc) and (md), the consumer shall have the opportunity to proactively, before the finalisation of the purchase, through an online form confirm being aware of the availability, or absence thereof, of commercial guarantees and software updates;
Amendment 237 #
Proposal for a directive Article 2 – paragraph 1 – point 3 – point b Directive 2011/83/EU Article 6 – paragraph 1 – point u (u) where applicable, the reparability score or carbon footprint for the goods;
Amendment 238 #
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
Amendment 239 #
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
Amendment 240 #
Proposal for a directive Article 2 – paragraph 1 – point 3 – point b Directive 2011/83/EU Article 5 – paragraph 1 – point v (v) when point (u) is not applicable, information made available 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.; with regard to SMEs, there shall be additional support and guidance in order to enable them to provide this information;
Amendment 241 #
Proposal for a directive Article 2 – paragraph 1 – point 4 a (new) Directive 2011/83/EU Article 24 – paragraph 1 – point a (new) (4a) in Article 24 paragraph 1, point (a) is inserted as follows: (a) Member States may suspend or prohibit certain products or services imported from outside the EU or sold by one or more traders from outside the EU, until an audit has been carried out by the competent authorities or, failing that, until compliance with the criteria in Annex II to Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 has been duly attested.
Amendment 242 #
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 report shall analyse in detail the impact of the new rules on the elimination of existing non-tariff barriers to cross- border trade, on the effectiveness of action by national consumer protection authorities and on the level of adjustment burden in the SME sector.
Amendment 243 #
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 and on the level of progress achieved to the European Parliament and to the Council.
Amendment 244 #
Proposal for a directive Article 3 – paragraph 1 a (new) That report shall include an assessment of the pre-approval of sustainability labels with a view to harmonise it at Union-level.
Amendment 245 #
Proposal for a directive Article 4 – paragraph 1 – subparagraph 2 They shall apply those provisions from [
Amendment 246 #
Proposal for a directive Annex I – paragraph 1 – point 1 2a. Displaying a sustainability label which is not based on a certification scheme or not established by public authorities
Amendment 247 #
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
Amendment 248 #
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 pre- approved by a national authority or Union authority or not established by public authorities.;
Amendment 249 #
Proposal for a directive Annex I – paragraph 1 – point 1 Directive 2005/29/EC Annex I – point 2 a 2a. Displaying a sustainability label
Amendment 250 #
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.
Amendment 251 #
Proposal for a directive Annex I – paragraph 1 – point 1 Directive 2005/29/EC Annex I – point 2 a a (new) 2aa. Displaying a sustainability label based on different classes of performance, when the available classes are not clearly provided in the same graphic representation to allow for clear comparison.
Amendment 252 #
Proposal for a directive Annex I – paragraph 1 – point 1 Directive 2005/29/EC Annex I – point 2 a a (new) 2aa. Displaying a sustainability label based on different levels of performance, when the existing classes are not clearly provided in the same graphic representation to allow for clear comparison.
Amendment 253 #
Proposal for a directive Annex I – paragraph 1 – point 2 Directive 2005/29/EC 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 the claim in an easily accessible format and stating the respective Union law or ecolabelling scheme.
Amendment 254 #
Proposal for a directive Annex I – paragraph 1 – point 2 Directive 2005/29/EC Annex I – point 4 a a (new) 4aa. Making a generic social impact claim.
Amendment 255 #
Proposal for a directive Annex I – paragraph 1 – point 2 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 aspect of the trader´s business.;
Amendment 256 #
Proposal for a directive Annex I – paragraph 1 – point 2 Directive 2005/29/EC Annex I – point 4 b 4b. Making an environmental or social claim about the entire product that is not covered by a sustainability label when it actually concerns only a certain aspect of the product.;
Amendment 257 #
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 trader’s organisation when it actually concerns only a certain aspect of the product or trader’s organisation.;
Amendment 258 #
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 traders business when it actually concerns only a certain aspect of the product or the traders business.;
Amendment 259 #
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 the trader’s business.;
Amendment 260 #
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.;
Amendment 261 #
Proposal for a directive Annex I – paragraph 1 – point 2 Directive 2005/29/EC Annex I – point 4 b a (new) 4ba. Claiming that a good, service or organisation has a reduced, neutral or positive impact on climate or the environment based on offsetting.
Amendment 262 #
Proposal for a directive Annex I – paragraph 1 – point 2 Directive 2005/29/EC Annex I – point 4 b a (new) 4ba. Claiming that a good, business or a service has a neutral, reduced, compensated, positive (or similar) environmental impact based on offsetting.
Amendment 263 #
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.
Amendment 264 #
Proposal for a directive Annex I – paragraph 1 – point 2 Directive 2005/29/EC Annex I – point 4 b a (new) 4ba. Claiming that a good, service or business has a neutral or positive environment impact due to offsetting.
Amendment 265 #
Proposal for a directive Annex I – paragraph 1 – point 2 Directive 2005/29/EC Annex I – point 4 b b (new) 4bb. Making a specific environmental claim which the trader is not able to substantiate using a relevant assessment method and communication rules recognised or established in accordance with national or Union law.
Amendment 266 #
Proposal for a directive Annex I – paragraph 1 – point 2 Directive 2005/29/EC Annex I – point 4 b b (new) 4bb. Making an environmental claim with the effect of promoting fossil fuel products, fossil fuel transportation (save services of general economic interest) or highly polluting industries.
Amendment 267 #
Proposal for a directive Annex I – paragraph 1 – point 2 Directive 2005/29/EC Annex I – point 4 b b (new) 4bb. Making an environmental claim that would lead to promotion of fossil fuel products or highly polluting products or activities.
Amendment 268 #
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 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.
Amendment 269 #
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. This shall not apply to services of general economic interest.
Amendment 270 #
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, while omitting to inform the consumer that only a residual amount of the input in question was fed into the production process of the final product offered for sale.
Amendment 271 #
Proposal for a directive Annex I – paragraph 1 – point 2 Directive 2005/29/EC Annex I – point 4 b d (new) 4bd. Making a specific environmental claim without using a relevant assessment method and communication rules both established in accordance with Union or national law.
Amendment 272 #
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.
Amendment 273 #
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.
Amendment 274 #
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.
Amendment 275 #
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.
Amendment 276 #
Proposal for a directive Annex I – paragraph 1 – point 4 Directive 2005/29/EC Annex I – point 23 d 23d.
Amendment 277 #
Proposal for a directive Annex I – paragraph 1 – point 4 Directive 2005/29/EC Annex I – point 23 d 23d.
Amendment 278 #
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.
Amendment 279 #
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.
Amendment 28 #
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, hindering or preventing their servicing, 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.
Amendment 280 #
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.
Amendment 281 #
Proposal for a directive Annex I – paragraph 1 – point 4 Directive 2005/29/EC Annex I – point 23 e 23e.
Amendment 282 #
Proposal for a directive Annex I – paragraph 1 – point 4 Directive 2005/29/EC Annex I – point 23 e 23e.
Amendment 283 #
Proposal for a directive Annex I – paragraph 1 – point 4 Directive 2005/29/EC Annex I – point 23 e 23e.
Amendment 284 #
Proposal for a directive Annex I – paragraph 1 – point 4 Directive 2005/29/EC Annex I – point 23 e 23e.
Amendment 285 #
Proposal for a directive Annex I – paragraph 1 – point 4 Directive 2005/29/EC Annex I – point 23 e 23e.
Amendment 286 #
Proposal for a directive Annex I – paragraph 1 – point 4 Directive 2005/29/EC Annex I – point 23 e a (new) 23ea. Omitting to inform that the seller will refuse to perform a repair on a product that has previously been repaired by an independent professional or non- professionals and users.
Amendment 287 #
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.
Amendment 288 #
Proposal for a directive Annex I – paragraph 1 – point 4 Directive 2005/29/EC Annex I – point 23 e b (new) 23eb. Omitting to inform the consumer about a design or feature which will limit repair by end users or independent professionals.
Amendment 289 #
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.
Amendment 29 #
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 or social claims
Amendment 290 #
Proposal for a directive Annex I – paragraph 1 – point 4 Directive 2005/29/EC Annex I – point 23 g 23g.
Amendment 291 #
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 that the seller will refuse to perform a repair on a product that has previously been repaired by an independent professional or end user.
Amendment 292 #
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.
Amendment 293 #
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 a design or feature limiting its repairment.
Amendment 294 #
Proposal for a directive Annex I – paragraph 1 – point 4 Directive 2005/29/EC Annex I – point 23 g b (new) 23gb. Omitting to inform the consumer about a design or feature which will limit repair by end users or independent professionals.
Amendment 295 #
Proposal for a directive Annex I – paragraph 1 – point 4 Directive 2005/29/EC Annex I – point 23 h 23h. Inducing the consumer into replacing the consumables of a good earlier than for technical reasons is necessary by omitting information about available and adequate repairs.
Amendment 296 #
Proposal for a directive Annex I – paragraph 1 – point 4 Directive 2005/29/EC Annex I – point 23 h 23h.
Amendment 297 #
Proposal for a directive Annex I – paragraph 1 – point 4 Directive 2005/29/EC Annex I – point 23 h 23h.
Amendment 298 #
Proposal for a directive Annex I – paragraph 1 – point 4 Directive 2005/29/EC Annex I – point 23 h 23h.
Amendment 299 #
Proposal for a directive Annex I – paragraph 1 – point 4 Directive 2005/29/EC Annex I – point 23 i 23i.
Amendment 30 #
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”),
Amendment 300 #
Proposal for a directive Annex I – paragraph 1 – point 4 Directive 2005/29/EC Annex I – point 23 i 23i.
Amendment 301 #
Proposal for a directive Annex I – paragraph 1 – point 4 Directive 2005/29/EC Annex I – point 23 i 23i.
Amendment 302 #
Proposal for a directive Annex I – paragraph 1 – point 4 Directive 2005/29 Annex I – point 23 i a (new) 23ia. Without prejudice to the provisions of Article 17 of Directive 2019/771, the offering by the same manufacturer of different warranty and repair conditions for the same product model in different EU Member States in whose territory the good is placed on the market and put into service;
Amendment 303 #
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).
Amendment 304 #
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 Regulation (EU) .../... [Regulation on ecodesign for sustainable products].
Amendment 305 #
Proposal for a directive Annex I – paragraph 1 – point 4 Directive 2005/29/EC Annex I – point 23 i a (new) 23ia. Engaging in practices that lead to shortening a product’s lifespan and stimulate the purchase of a new product.
Amendment 306 #
Proposal for a directive Annex I – paragraph 1 – point 4 Directive 2005/29/EC Annex I – point 23 i a (new) 23ia. Engaging in practices that foreseeably lead to shortening a product’s lifespan.
Amendment 307 #
Proposal for a directive Annex I – paragraph 1 – point 4 Directive 2005/29/EC Annex I – point 23 i b (new) 23ib. Marketing a good without fixing a design issue that leads to an early failure of this good, within a reasonable time after it became known.
Amendment 308 #
Proposal for a directive Annex I – paragraph 1 – point 4 Directive 2005/29/EC Annex I – point 23 i b (new) 23ib. Marketing a good without remedying a design issue that leads to a reduced lifetime, within a reasonable time after it became known.
Amendment 309 #
Proposal for a directive Annex I – paragraph 1 – point 4 Directive 2005/29/EC Annex I – point 23 i c (new) 23ic. Bundling security updates with functionality, feature or other software updates.
Amendment 31 #
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, clear and understandable, 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.
Amendment 310 #
Proposal for a directive Annex I – paragraph 1 – point 4 Directive 2005/29/EC Annex I – point 23 i c (new) 23ic. Bundling security updates with functionality, feature or other software updates.
Amendment 32 #
Proposal for a directive Recital 1 (1)
Amendment 33 #
Proposal for a directive Recital 3 (3) In order to deter traders from deceiving consumers as regards the environmental or social impact
Amendment 34 #
Proposal for a directive Recital 3 (3) In order to deter traders from deceiving consumers as regards the environmental or social impact, durability or reparability of their products, including through the overall presentation of the products, Article 6(1) of Directive 2005/29/EC should be amended by adding the environmental or social impact, durability and reparability of the product to the list of the main characteristics of the product in respect of which the trader’s practices can be considered misleading, following a case-by-case assessment. Information provided by traders on the social sustainability of products, such as working conditions, charity contributions or animal welfare, should not mislead consumers either. Annex I to Directive 2005/29/EC should be amended to prohibit making generic social claims.
Amendment 35 #
Proposal for a directive Recital 3 a (new) (3a) Where manufacturers face challenges in providing accurate information on durability due to the sourcing of different parts from different sellers or supply chains, sufficient time for implementation is to be foreseen to allow accurate information to be gathered.
Amendment 36 #
Proposal for a directive Recital 3 b (new) (3b) In order to provide the correct amount of information to the consumers, the different degrees of information already provided to the consumers in each Member State should be taken into account.
Amendment 37 #
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
Amendment 38 #
Proposal for a directive Recital 4 (4) Environmental claims, in particular
Amendment 39 #
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
Amendment 40 #
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
Amendment 41 #
Proposal for a directive Recital 4 a (new) (4a) Social claims should take into account compliance with future due diligence requirements set by the Union and be supported by independent monitoring systems. Such claims should cover the entire supply chain and manufacturing process of the products.
Amendment 42 #
Proposal for a directive Recital 4 a (new) (4a) Environmental claims related to future environmental performance should only be used at the trader level and not on the product level.
Amendment 43 #
Proposal for a directive Recital 5 (5) Another potentially misleading commercial practice which should be added to the specific practices targeted by Article 6(2) of Directive 2005/29/EC is advertising benefits for consumers that are actually a common practice in the relevant market. For example, if the absence of a chemical substance is a common practice in a specific product market, its promotion as a distinctive feature of the product could constitute an unfair commercial practice. It is therefore in essence advertising the uniqueness of something that is, in fact, common practice.
Amendment 44 #
Proposal for a directive Recital 6 (6) Comparing products or services based on their environmental or social aspects, including through the use of sustainability information tools or their greenhouse gas emission balance (‘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 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 45 #
Proposal for a directive Recital 7 (7) The displaying of sustainability labels or sustainability information tools which are not based on a certificat
Amendment 46 #
Proposal for a directive Recital 7 (7) The displaying of sustainability labels or sustainability information tools which
Amendment 47 #
Proposal for a directive Recital 7 (7) The displaying of sustainability labels or sustainability information tools which are not based on a certification scheme
Amendment 48 #
Proposal for a directive Recital 7 (7) The displaying of sustainability labels or sustainability information tools which were not pre-approved by a Union body or a national authority and which are not based on an accredited 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.
Amendment 49 #
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
Amendment 50 #
Proposal for a directive Recital 8 (8) In cases where the displaying of a sustainability label involves a commercial communication that s
Amendment 51 #
Proposal for a directive Recital 8 a (new) (8a) To support innovation and investment in sustainable practices and products, industry-led and private-label initiatives which meet high sustainability standards based on third-party certifications will continue to play a key role in the green transition.
Amendment 52 #
Proposal for a directive Recital 9 (9) Annex I to Directive 2005/29/EC should also be amended to prohibit making generic environmental or social claims without recognised excellent environmental or social performance which is relevant to the claim. Examples of such generic environmental or social claims are ‘environmentally friendly’, ‘eco-friendly’, ‘eco’, ‘eco-friendly packaging’, ‘green’, ‘nature’s friend’, ‘ecological’, ‘environmentally correct’, ‘climate friendly’, ‘gentle on the environment’, ‘carbon friendly’, ‘carbon neutral’, ‘carbon positive’, ‘climate neutral’, ‘energy efficient’, ‘biodegradable’, ‘bio based’, ‘deforestation-free’, ‘green-dot’, ‘sustainable’, ‘socially just’, ‘socially aware’, ‘poverty-free’, ‘fair trade product’ or similar statements, as well as broader statements such as ‘conscious’, ‘concerned’ or ‘responsible’ that suggest or create the impression of excellent environmental or social performance. Such generic environmental claims should be prohibited whenever there is no excellent environmental or social performance demonstrated or whenever the specification of the claim is not provided in clear and prominent terms on the same medium, such as the same advertising spot, product’s packaging or online selling interface. For example, the claim ‘biodegradable’, referring to a product, would be a generic claim, whilst claiming that ‘the packaging’ is biodegradable through home composting in one month’ would be a specific claim, which does not fall under this prohibition. The same would apply with social claims: the claim ‘socially just’ would be generic whilst claiming that ‘the manufacturing and trading process of the marketed good complies with Corporate Social Responsibility or Corporate Sustainability Reporting and Governance regulations’, in the framework of due diligence principles, would be a specific claim.
Amendment 53 #
Proposal for a directive Recital 9 (9) Annex I to Directive 2005/29/EC should also be amended to prohibit making generic environmental claims without recognised excellent environmental performance which is relevant to the claim. Examples of such generic environmental claims are ‘environmentally friendly’, ‘eco-friendly’, ‘eco’, ‘green’, ‘nature’s friend’, ‘ecological’, ‘environmentally correct’, ‘climate friendly’, ‘gentle on the environment’, ‘carbon friendly’, ‘carbon neutral’, ‘carbon offset’, ‘carbon compensated’, ‘carbon positive’, ‘climate neutral’, ‘plastic offset’, ‘energy efficient’, ‘bio degradable’, ‘bio based’ or similar statements, as well as broader statements such as ‘conscious’ or ‘responsible’ that suggest or create the impression of excellent environmental performance. Such generic environmental claims should be prohibited whenever on claims neutrality or offsetting through, for example, purchase of carbon credits, or whenever there is no excellent environmental performance demonstrated or whenever the specification of the claim is not provided in clear and prominent terms on the same medium, such as the same advertising spot, product’s packaging or online selling interface
Amendment 54 #
Proposal for a directive Recital 9 (9) Annex I to Directive 2005/29/EC should also be amended to prohibit making generic environmental claims without recognised excellent environmental performance which is relevant to the claim. Examples of such generic environmental claims are ‘environmentally friendly’, ‘eco-friendly’, ‘eco’, ‘green’, ‘nature’s friend’, ‘ecological’, ‘environmentally correct’, ‘climate friendly’, ‘gentle on the environment’, ‘carbon friendly’, ‘carbon neutral’, ‘carbon positive’, ‘climate neutral’, ‘plastic neutral’, ‘energy efficient’, ‘biodegradable’, ‘biobased’ or similar statements, as well as broader statements such as ‘conscious’ or ‘responsible’ that suggest or create the impression of excellent environmental performance. Such generic environmental claims should be prohibited whenever the
Amendment 55 #
Proposal for a directive Recital 9 (9) Annex I to Directive 2005/29/EC should also be amended to prohibit making generic environmental claims without recognised excellent environmental performance which is relevant to the claim. Examples of such generic environmental claims are ‘environmentally friendly’, ‘eco-friendly’, ‘eco’, ‘green’, ‘nature’s friend’, ‘ecological’, ‘environmentally correct’, ‘climate friendly’, ‘gentle on the environment’, ‘carbon friendly’, ‘carbon neutral’, ‘carbon positive’, ‘carbon offset’, ‘carbon compensated’, ‘climate neutral’, ‘energy efficient’, ‘plastic offset’, ‘plastic neutral’, ‘biodegradable’, ‘biobased’ or similar statements, as well as broader statements such as ‘conscious’, ‘offset’ or ‘responsible’ that suggest or create the impression of excellent environmental performance. Such generic environmental claims should be prohibited whenever there is no excellent environmental performance demonstrated based on applicable rules established in the Union or national legislation, or whenever the specification of the claim
Amendment 56 #
Proposal for a directive Recital 9 (9) Annex I to Directive 2005/29/EC should also be amended to prohibit making generic environmental claims without recognised excellent environmental performance which is relevant to the claim. Examples of such generic environmental claims are ‘sustainable’, ‘environmentally friendly’, ‘eco-friendly’, ‘eco’, ‘green’, ‘nature’s friend’, ‘ecological’, ‘environmentally correct’, ‘climate friendly’, ‘gentle on the environment’, ‘cruelty-free’, ‘carbon friendly’, ‘carbon neutral’, ‘carbon positive’, ‘climate neutral’, ‘energy efficient’, ‘biodegradable’, ‘biobased’ or similar statements, as well as broader statements such as ‘conscious’ or ‘responsible’ that suggest or create the impression of excellent environmental performance. Such generic environmental claims should be
Amendment 57 #
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.
Amendment 58 #
Proposal for a directive Recital 10 (10) Excellent environmental performance can be demonstrated by compliance with Regulation (EC) No 66/2010 of the European Parliament and of the Council22 , or officially recognised type 1 ecolabelling schemes in the Member States, or compliance with top environmental performance for a specific environmental aspect in accordance with other applicable Union laws, such as a class A in accordance with Regulation (EU) 2017/1369 of the European Parliament and of the Council23 . The excellent environmental performance in question should be relevant to the claim. For example, a generic claim ‘energy efficient’ could be made based on excellent environmental performance in accordance with Regulation (EU) 2017/1369. By contrast, a generic claim ‘biodegradable’ could not be made based on excellent environmental performance in accordance with Regulation (EC) No 66/2010, insofar as there are no requirements for biodegradability in the specific EU Ecolabel criteria related to the product in question. __________________ 22 Regulation (EC) No 66/2010 of the
Amendment 59 #
Proposal for a directive Recital 10 a (new) (10a) Excellent social performance can be demonstrated by compliance with applicable Union law on the subject, especially with the regulations to be set on due diligence as well as on sustainable corporate governance.
Amendment 60 #
Proposal for a directive Recital 11 (11) Another misleading commercial practice which should be prohibited in all circumstances and thus added to the list in Annex I to Directive 2005/29/EC is making an environmental or social claim about the entire product when it actually concerns only a certain aspect of the product. This would be the case for example when a product is marketed as ‘made with recycled material’ giving the impression that the entire product is made of recycled material, when in fact it is only the packaging that is made of recycled material
Amendment 61 #
Proposal for a directive Recital 12 (12) The Circular Economy Action Plan24 provides for the need to set the rules on environmental claims using Product and Organisation Environmental Footprint methods. Additional requirements on environmental claims will have to be set in specific Union legislation. Those new requirements will contribute to the Green Deal25 objective of enabling buyers to make more sustainable and fair decisions and reduce the risk of greenwashing through reliable, comparable and verifiable information. __________________ 24 COM(2020)98 final, 11 March 2020.
Amendment 62 #
Proposal for a directive Recital 13 (13) Presenting requirements imposed by law on all products within the relevant product category on the Union market, including imported products, as a distinctive feature of the trader’s offer, should also be prohibited in all circumstances and added to the list in Annex I to Directive 2005/29/EC. This prohibition could apply, for example, when a trader is advertising that a given product does not include a specific chemical substance while that substance is already forbidden by law for all products within that product category in the Union, and this prohibition is sufficiently well known to the general public. Conversely, the prohibition should not cover commercial practices promoting traders’ or products’ compliance with legal requirements that only apply to some products but not to other competing products of the same category on the Union market, such as products of non-EU origin.
Amendment 63 #
Proposal for a directive Recital 14 (14)
Amendment 64 #
Proposal for a directive 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,
Amendment 65 #
Proposal for a directive 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 and the unnecessary consumption of resources, contributing thereby to a more sustainable consumption.
Amendment 66 #
Proposal for a directive Recital 14 (14) In order to improve the welfare of consumers and contribute to the achievement of the European Green Deal’s objectives, 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.
Amendment 67 #
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.
Amendment 68 #
Proposal for a directive Recital 15 (15) It should be prohibited to
Amendment 69 #
Proposal for a directive Recital 15 (15) It should be prohibited to omit to inform the consumer
Amendment 70 #
Proposal for a directive Recital 15 (15) It should be prohibited to
Amendment 71 #
Proposal for a directive Recital 16 (16) It should also be prohibited to
Amendment 72 #
Proposal for a directive Recital 16 (16) It should also be prohibited to
Amendment 73 #
Proposal for a directive Recital 16 (16) It should also be prohibited to
Amendment 74 #
Proposal for a directive Recital 18 (18) Similarly, Annex I to Directive 2005/29/EC should also be amended to prohibit
Amendment 75 #
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 replacing the consumables
Amendment 76 #
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
Amendment 77 #
Proposal for a directive Recital 21 (21) Annex I to Directive 2005/29/EC should also be amended to prohibit
Amendment 78 #
Proposal for a directive Recital 21 (21) Annex I to Directive 2005/29/EC should also be amended to prohibit
Amendment 79 #
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
Amendment 80 #
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
Amendment 81 #
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. It should include separate information about availability of security updates and about functionality updates that 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
Amendment 82 #
Proposal for a directive Recital 23 (23) A good indicator of a good’s durability is the
Amendment 83 #
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
Amendment 84 #
Proposal for a directive Recital 23 (23) A good indicator of a good’s durability is the producer’s commercial guarantee of durability within the meaning of Article 17 of Directive (EU) 2019/771. 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. 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.
Amendment 85 #
Proposal for a directive Recital 23 (23) A good indicator of a good’s durability is the producer’s commercial guarantee of durability within the meaning of Article 17 of Directive (EU) 2019/771. Therefore, Directive 2011/83/EU should be
Amendment 86 #
Proposal for a directive Recital 23 a (new) (23a) Another observed commercial practice which should be classified as unfair in all circumstances is where the manufacturer applies different warranty and repair conditions for the same product model depending on the Member State in which the product is to be placed on the market; for example, for the same washing machine model a manufacturer offers a five-year warranty in one Member State and only three years in another, which creates 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, such practices should be prohibited;
Amendment 87 #
Proposal for a directive Recital 24 Amendment 88 #
Proposal for a directive Recital 24 Amendment 89 #
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, con
Amendment 90 #
Proposal for a directive Recital 25 Amendment 91 #
Proposal for a directive Recital 25 Amendment 92 #
Proposal for a directive Recital 25 (
Amendment 93 #
Proposal for a directive Recital 25 a (new) (25a) The second-hand market plays a contributory role in the green transition, therefore to facilitate its specificities the legal and commercial guarantees of durability should be attached to the products, not the sellers.
Amendment 94 #
Proposal for a directive Recital 26 Amendment 95 #
Proposal for a directive Recital 26 Amendment 96 #
Proposal for a directive Recital 26 Amendment 97 #
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
Amendment 98 #
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 duration, of the producer’s voluntary commercial guarantee of durability for the entire good and not for specific components of the good.
Amendment 99 #
Proposal for a directive Recital 28 source: 737.299
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