2022/0092(COD) | [ParlTrack]

Proposal for a directive
Recital 28

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

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

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

Amendment 103 #

Proposal for a directive
Recital 29

(29) To promote competition between producers as regards the durability of goods with digital elements the traders selling those goods should inform consumers about the minimum period of time during which the producer commits to provide software updates for such goods. However, to avoid overloading consumers with information, such information should only be provided when this period is longer than the period of the producer’s commercial guarantee of durability, as that guarantee entails the provision of updates, including security updates, that are necessary to maintain the required functions and performance of goods with digital elements. Furthermore, information about the producer’s commitment to provide software updates is relevant only where the sales contract regarding goods with digital elements provides for a single act of supply of the digital content or digital service in respect of which Article 7(3), point (a), of Directive (EU) 2019/771 applies. In contrast, there should be no new obligation to provide that information where the sales contract provides for a continuous supply of the digital content or digital service over a period of time, since for those contracts Article 7(3), point (b), of Directive (EU) 2019/771 specifies, by reference to Article 10 (2) or (5), the period of time during which the seller is to ensure that the consumer is informed of and supplied with updates.Does not affect English version.)

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, ~~commits to~~ provides software updates, including security updates, necessary to keep the digital content and digital services in conformity. Information about the provider’s commitment to provide software updates is relevant only where the contract provides for a single act of supply or a series of individual acts of supply in respect of which Article 8(2), point (b), of Directive 2019/770 applies. In contrast, there should be no new obligation to provide that information where the contract provides for a continuous supply over a period of time, since for these contracts Article 8(2), point (a) of Directive (EU) 2019/770 specifies the period of time during which the trader is to ensure that the consumer is informed of and supplied with updatesAs a minimum, this period should be the one foreseen under Union law.

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, ~~commits to~~will provide software updates, including security updates, necessary to keep the digital content and digital services in conformity. IThis information about the provider’s commitment to provide software updates is relevant only where the contract provides for a single act of supply or a series of individual acts of supply in respect of which Article 8(2), point (b), of Directive 2019/770 applies. In contrast, there should be no new obligation to provide that information where the contract provides for a continuous supply over a period of time, since for these contracts Article 8(2), point (a) of Directive (EU) 2019/770 specifies the period of time during which the trader is to ensure that the consumer is informed of and supplied with updatshall include, as a minimum, the mandatory period for which the updates should be provided in accordance with Union law. The provider will provide this information to the trader in all cases.

Amendment 106 #

Proposal for a directive
Recital 31

Amendment 107 #

Proposal for a directive
Recital 31

Amendment 108 #

Proposal for a directive
Recital 31

Amendment 109 #

Ulrike MÜLLER, Andreas GLÜCK, Martin HOJSÍK, Jan HUITEMA

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), point (m), of Directive 2011/83/EU traders are obliged to provide the consumer before the consumer is bound by the contract with information on the existence and the conditions of after-sales services, including repair services~~, where such services are provided~~. In addition, in order to ensure that consumers are well informed about the reparability of the goods they purchase, where a reparability score is not established ~~in accordance with Union law~~, traders should provide, for all types of goods, other relevant repair information ~~that is made available by the producer, such as information about the availability of spare parts, and a user and repair manual.~~ , such as information about the availability and affordability of the spare parts necessary to repair a good, including the length of the period during which spare parts and accessories are available, the procedure for ordering them, the availability of a user and repair manual as well as repair tools and services. This information should be provided to the respective traders by the producers of the goods.

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

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~~, where the producer or provider of the digital content or digital service, when different from the trader, makes the relevant information available~~. In particular, as regards goods, the trader should convey to consumers the information that the producer has provided to the trader or has otherwise intended to make readily available to the consumer before the conclusion of the contract, by indicating it on the product itself, its packaging or tags and labels that the consumer would normally consult before concluding the contract. The trader should not be required to actively search for such information from the producer, for example, on the product-specific websites. When this information is not made available by the producer, consumers should be informed of it.

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) ~~Since t~~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~~supporting a circular economy with a low carbon footprint, and ensuring a better and consistent application of the Union consumer legal framework, can~~not~~ be sufficiently achieved by the Member States individually but can rather, by reason of the Union-wide character of the problem, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary to achieve those objectives. It is therefore the responsibility of the Member States to alert the Commission of cases of fraud, deception or practices that mislead consumers about products or services claiming to be sustainable.

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 out in that Article, this Directive does not go beyond what is necessary to achieve those objectives.

Amendment 119 #

Ulrike MÜLLER, Martin HOJSÍK

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 #

Ulrike MÜLLER, Andreas GLÜCK

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

~~(p) ‘explicit environmental claim’ means an environmental claim that is in textual form or contained in a sustainability label;~~deleted

Amendment 128 #

Edina TÓTH

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

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

~~(p) ‘explicit environmental claim’ means an environmental claim that is in textual form or contained in a sustainability label;~~deleted

Amendment 129 #

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

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

~~(p) ‘explicit environmental claim’ means an environmental claim that is in textual form or contained in a sustainability label;~~deleted

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 ~~explicit~~ environmental claim, not contained in a sustainability label, where the specification of the claim is ~~not~~based on transparent methods or standards and is provided in clear and prominent terms on the same medium, or displayed to the consumer at the point of purchase digitally;

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 ~~explicit~~ environmental claim in any form, 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 134 #

Edina TÓTH

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

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

Amendment 135 #

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 explicit environmental 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;Does not affect English version.)

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 ~~with reference to its environmental or social aspects or both~~through product- related communications. This does not cover any mandatory label required in accordance with Union or national law nor corporate environmental, Social, and governance (ESG) statements;

Amendment 140 #

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 prom~~Does note a ~~product, a process or a business with reference to its environmental or social aspects or both. This does not cover any mandatory label required in accordance with Union or national law;~~ffect English version.)

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 orand social aspects ~~or both~~. This does not cover any mandatory label required in accordance with Union or national law;

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 ~~that is open under~~accredited in accordance with Regulation (EC) No 765/2008 that is open under publicly accessible, 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 objectively verifiable and publicly accessible requirements, and for which the monitoring of compliance ~~is objective, based on~~and awarding of the certificate are objective, based on transparent and non- discriminatory procedures, as well as international, Union or national standards and procedures and carried out by a party independent from both the scheme owner and the trader and allowing the fair and transparent processing of complaints from external stakeholders with respect to non -compliance and leading to withdrawal of the label in case of non- compliance;

Amendment 145 #

Martin HOJSÍK, Róża THUN UND HOHENSTEIN, Michal WIEZIK

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 requiremen~~are publicly available free of cost, developed in independent processes and reflecting significant improvement compared to baseline legislation and conventional products, and for which the monitoring of compliance is objective, based on international, Union or national standards and procedures ~~and~~impartially carried out by a party independent from both the scheme owner and the trader and allowing the fair and transparent processing of complaints from external stakeholders with respect to non -compliance and leading to withdrawal of the label in case of noncompliance;

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 carried out by a party independent from both the scheme owner and the trader, and which includes system for complaints for external stakeholders focused on possible non-compliance and allows for withdrawal of the label in case of non- compliance;

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- discriminatory terms to ~~all~~the participating 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~~and awarding of the certificate are objective, based on transparent and non- discriminatory procedures, as well as international, Union or national standards and procedures and carried out by a party independent from both the scheme owner and the trader;

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

Amendment 149 #

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~~ validated by recognised international bodies, which certifies, based on clear, verifiable and proportionate methodology, that a product complies with ~~certain~~a pre-defined list of requirements, and for which the monitoring of compliance is objective~~, based on international, Union or national standards and procedures and~~ly carried out by a party independent from both the scheme owner and the trader, aligned with international, Union or national standards and procedures;

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 ~~ope~~established by an uinde~~r transparent, fair and non- discriminat~~pendent third party. The independent third party ory t~~erms to all traders willing and able to comply with the scheme’s requirements, which~~he third- party framework is based on international, Union or national standards and procedures. The certification scheme certifies that a product complies with certain requirements, and ~~for which~~that the monitoring of compliance is objective~~, based on international, Union or national standards and procedures~~ and transparent and carried out by a ~~party~~n independent ~~from both the scheme owner and the trader~~third party;

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; . Any 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 products;

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

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; __________ __ * Regulation (EC) No 66/2010 of the European Parliament and of the Council of 25 November 2009 on the EU Ecolabel (OJ L 27, 30.1.2010, p. 1).

Amendment 156 #

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; __________ * Regulation (EC) No 66/2010 of the European Parliament and of the Council of 25 November 2009 on the EU Ecolabel (OJ L 27, 30.1.2010, p. 1).Does not affect English version.)

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 ~~a free update, including a security~~either a security update or any other functionality or feature update, that is necessary to keep goods with digital elements, digital content and digital services in conformity in accordance with Directives (EU) 2019/770 and (EU) 2019/771;

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 #

Ulrike MÜLLER, Andreas GLÜCK, Jan HUITEMA

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

(2a) Article 5 (2) is amended as follows: (a) the following point is inserted: ” (aa) it is contrary to the requirements of the extended producer responsibility,” Or. en (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A32011L0083)

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- sale customer assistance and complaint handling, method and date of manufacture or provision, delivery, fitness for purpose, usage, quantity, specification, geographical or commercial origin or the results to be expected from its use, or the results and material features of tests or checks carried out on the product.;

Amendment 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- sale customer assistance and complaint handling, method and date of manufacture or provision, delivery, fitness for purpose, usage, quantity, specification, geographical or commercial origin or the results to be expected from its use, or the results and material features of tests or checks carried out on the product.;

Amendment 175 #

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

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

Amendment 176 #

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

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

Amendment 177 #

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

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

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~~, objective and verifiable commitments and targets and without~~ and understandable supplementary information setting out clear objective science-based and verifiable commitments and targets complemented by a realistic and funded implementation plan based on economically and technically viable technologies, and without verification by an independent monitoring system;

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 ~~without clear, objective and verifiable commitments and targets and without an independent monitoring system~~based on offsetting or without publicly available, clear, time- bound, objective, quantified, science- based and verifiable commitments and targets complemented by a realistic, funded and annually updated implementation plan based on economically and technically viable technologies and without pre-approval and annual verification of sufficient progress by an independent monitoring system accredited in accordance with Regulation (EC) No 765/2008;

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 ~~and~~, a detailed and realistic implementation plan with reference to budgetary commitments, based on widely available technologies, without feasible targets and without an independent monitoring system;

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 ~~with~~based on offsetting or without understandable supplementary information setting out clear, objective ~~and~~, verifiable and realistic commitments and targets and without an independent monitoring system;

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 ~~that are~~resulting from a characteristic presented as product-specific but which is considered asto be a common practice in the relevant market.

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 place to keep that information up to date, shall be regarded as material.;

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

~~(3a) ‘energy-using good’ means any good that depends on energy input (electricity, fossil fuels and renewable energy sources) to work as intended;;~~deleted

Amendment 195 #

Ulrike MÜLLER

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 #

Ulrike MÜLLER, Martin HOJSÍK, Jan HUITEMA

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 ~~producer’s~~voluntary commercial guarantee of durability provided by the producer free of charge referred to in Article 17 of Directive (EU) 2019/771, under which the producer is directly liable to the consumer during the entire period of that guarantee for repair or replacement of the goods;

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) ~~for all goods, where the producer makes it available, information that the goods benefit from a commerci~~a label indicating the guaranteed lifespan of a good, digital content and services. This label shall as a minimum inform about the duration of the legal guarantee of ~~durabil~~conformity and ~~its duration in units of time, where that guarantee covers the entire good and has a dura~~related rights, and where applicable, about the existence and conditions of ~~more than two year~~after-sales services and voluntary commercial guarantees;

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

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 itsuch information available, information that the goods benefit from a commercial guarantee of durability and its duration in units of time, where that guarantee covers the entire good and has a duration of more than two years;

Amendment 202 #

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

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

(eb) for energy-using goods, where the producer does not make available the information referred to in point (ea), information that the producer has not provided information on the existence of a commercial guarantee of durability of more than two years. This information shall be at least as prominent as any other information about the existence and the conditions of after-sales services and commercial guarantees provided in accordance with point (e);deleted

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 ~~energy-using~~all goods, where the producer does not make available the information referred to in point (ea), information that the producer has not provided information on the existence of a free commercial guarantee of durability of more than two years. This information shall be at least as prominent as any other information about the existence and the conditions of after- sales services and commercial guarantees provided in accordance with point (e);

Amendment 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, where the producer makes such information available, the minimum period in units of time during which the producer provides software updates, unless the contract provides for a continuous supply of the digital content or digital service over a period of time. Where information about the existence of a commercial guarantee of durability is provided in accordance with point (ea), the information on the updates shall be provided if those updates are supplied for a longer period than the commercial guarantee of durability the minimum period, starting at the time of purchase, stated in units of time during which the producer provides software updates, including the mandatory period foreseen under the relevant Union legislation;

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, where the producer makes such information available, the minimum period in units of time during which the producer provides software updates, unless the contract provides for a continuous supply of the digital content or digital service over a period of time. Where information about the existence of a commercial guarantee of durability is provided in accordance with point (ea), the information on the updates shall be provided if those updates are supplied for a longer period than the commercial guarantee of durabilitythe minimum period from the time of purchase in units of time during which the producer provides software updates, including, as a minimum, the mandatory period for which the updates shall be provided in accordance with the applicable Union law;

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 ifonly in the event that those updates are supplied for a longer period than the commercial guarantee of durability;

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

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 ~~and makes such information available, the minimum period~~, the minimum period, starting at the time of purchase, in units of time during which the provider provides software updates, ~~unless the contract provides for a continuous supply of the digital content or digital service over a period of time~~including the mandatory period foreseen under the relevant Union legislation;

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 ~~and makes such information available~~, the minimum period in units of time during which the provider provides software updates~~, unless the contract provides for a continuous supply of the digital content or digital service over a period of time~~ including, as a minimum, the mandatory period for which the updates shall be provided in accordance with the Union law;

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, ~~where their provider is different from the trader and makes such information available,~~ the minimum period in units of time during which the provider provides software updates, unless the contract provides for a continuous supply of the digital content or digital service over a period of time;

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

(ed) for digital content and digital services, where their provider is different from the trader and makes such information available, the minimum period in units of time during which the provider provides software updates, unless the contract provides for a continuous supply of the digital content or digital service over a period of time;’Does not affect English version.)

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 ~~made available by the producer~~ about the availability of spare parts, including the p~~rocedure of ordering them, and about the availability of a user and repair manual~~eriod during which they will be available, their price and the procedure of ordering them, and about the availability of user and repair manuals, tools, and repair services. When this information is not made available by the producer to the trader, the consumer shall be informed thereof.;

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 ~~made available~~provided by the producer about the availability ~~of spare parts, including~~and affordability of the spare parts necessary to repair a product, including the length of the period during which spare parts and accessories are available, the procedure of ordering them, and about the availability of a user and repair manual. and repair tools and services;

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, necessary for the repair of the device including the procedure of ordering them, and about the availability of a user and repair manual.;

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) ~~for all types of goods, where the producer makes it available, information that the goods benefit from a commercial guarantee of durability and its duration in units of time~~the guaranteed lifespan label expressed in units of time for the goods, digital content and digital services, including, as a minimum, wthe~~re that guarantee covers the entire good and has a duration of more than two years~~ duration of the legal guarantee of conformity;

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) ~~for all types of goods, where the producer makes it available, inform~~the guaranteed lifespan label, which shall include as a minimum display the duration ~~that~~of the ~~goods benefit from a commerci~~legal guarantee of ~~durabil~~conformity and its ~~duration in units of time, where that guarantee covers the entire good and has a duration of more than two years~~related rights, and any voluntary extension by the producer;

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 itsuch information available, information that the goods benefit from a commercial guarantee of durability and its duration in units of time, where that guarantee covers the entire good and has a duration of more than two years;

Amendment 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 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 223 #

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

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

(mb) for energy-using goods, where the producer does not make available information referred to in point (ma), information that the producer has not provided information on the existence of a commercial guarantee of durability of more than two years. This information shall be at least as prominent as any other information about the existence and the conditions of after-sales services and commercial guarantees provided in accordance with point (m);deleted

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 ~~energy-using~~all goods, where the producer does not make available information referred to in point (ma), information that the producer has not provided information on the existence of a commercial guarantee of durability of more than two years. This information shall be at least as prominent as any other information about the existence and the conditions of after-sales services and commercial guarantees provided in accordance with point (m);

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~~, where the producer makes such information available,~~ the minimum period in units of time during which the producer provides software updates, unless the contract provides for a continuous supply of the digital content or digital service over a period of time. Where information about the existence of a commercial guarantee of durability is provided in accordance with point (ma), the information on the updates shall be provided if those updates are supplied for a longer period than the commercial guarantee of durabilityincluding the mandatory period foreseen under the relevant Union legislation;

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, where the producer makes such information available, the minimum period in units of time during which the producer provides software updates, unless the contract provides for a continuous supply of the digital content or digital service over a period of time. Where information about the existence of a commercial guarantee of durability is provided in accordance with point (ma), the information on the updates shall be provided if those updates are supplied for a longer period than the commercial guarantee of durabilitythe minimum period from the time of purchase in units of time during which the producer provides software updates, including, as a minimum, the mandatory period for which the updates shall be provided in accordance with Union law;

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 durability is provided in accordance with point (ma), the information on the updates shall be provided ifonly in the event that those updates are supplied for a longer period than the commercial guarantee of durability;

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

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

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 ~~and makes such information available~~, the minimum period in units of time during which the provider provides software updates, ~~unless the contract provides for a continuous supply of the digital content or digital service over a period of time~~including, as a minimum, the mandatory period for which the updates shall be provided in accordance with Union law;

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

(md) for digital content and digital services, where their provider is different from the trader and makes such information available, the minimum period in units of time during which the provider provides software updates, unless the contract provides for a continuous supply of the digital content or digital service over a period of time;’Does not affect English version.)

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

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 ~~made available by the producer~~ about the availability of spare parts, including the period during which they will be available, their price, the procedure of ordering them, and about the availability of a user and repair manual., tools and repair services. When this information is not provided by the producer, the consumer shall be informed thereof;

Amendment 239 #

Ulrike MÜLLER, Andreas GLÜCK, Jan HUITEMA

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

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

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

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 #

Ulrike MÜLLER

Proposal for a directive
Article 4 – paragraph 1 – subparagraph 2

They shall apply those provisions from [2436 months from adoption].

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., except where no adequate certification scheme exists for the issue addressed by the label. In this case, the use of a third party, independent, recognised by authorities system shall be allowed;

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 ~~or not est~~and pre-approved by a national competent authority in accordance with the minimum requirements for sustainabili~~shed by public authorities.~~ty labels laid down by the Commission in a delegated act;

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 ~~which is~~or a sustainability information tool which is not pre-approved and not based on a certification scheme or not established by public authorities.;

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 #

Martin HOJSÍK, Róża THUN UND HOHENSTEIN, Michal WIEZIK

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. ~~Omitting to inform the consumer that~~Supplying a software update ~~will~~that negatively impacts 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 277 #

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

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

23d. ~~Omitting to inform the consumer that~~Supplying a software update that 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 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. TOn the other hand, a transparent and coherent EU-wide consumer information system on the expected durability of purchased goods and their reparability, especially for electronic equipment, will not only help to protect the environment through reduced use of appliances but will also bring real savings for households. In addition, this will encourage competition towards more environmentally sustainable products, thus reducing negative impact on the environment.

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. ~~Omitting to inform the consumer about the existence of a feature of a good introduced to~~Marketing a product with a feature which foreseeably limits its ~~durability~~lifetime.

Amendment 282 #

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

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

23e. ~~Omitting to inform the consumer about the existence of a feature of a good introduced~~Planning the failure of a good by equipping it with functions or properties intended solely to limit its durability.

Amendment 283 #

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

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

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

Amendment 284 #

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

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

23e. ~~Omitting to inform the consumer about the existence of a feature of a good introduced to limit its durability~~Introducing a feature to limit the lifetime of a good.

Amendment 285 #

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

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

23e. ~~Omitting to inform the consumer about the existence of a feature of a good introduced~~Introducing a feature to limit ~~its~~the durability of a good.

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 (“greenwashing” or “social washing”), non-transparent and non- credible sustainability labels or sustainability information tools, specific rules should be introduced in Union consumer law. ~~This would enable nation~~Introducing provisions in this regard in the Union consumer law will enable national, regional and local competent bodies to address those practices effectively. BIn addition, by ensuring that environmental or social claims are fair, consumers will be able to choose products that are genuinely better for the environment and for the protection of human and labour rights than competing products. This will encourage competition towards more environmentally and socially sustainable products, thus reducing negative impact on the environment and on indigenous or vulnerable sectors of the population.

Amendment 290 #

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

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

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

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 #

Martin HOJSÍK, Róża THUN UND HOHENSTEIN, Michal WIEZIK

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 #

Edina TÓTH

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

Amendment 297 #

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

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

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

Amendment 298 #

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

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

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

Amendment 299 #

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

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

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

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”), 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. T~~his will encourage competition towards more environmentally sustainable products, thus reducing negative impact on the environment~~o enable sustainable consumption choices, the products and services offered must be competitive, particularly in terms of their price compared to similar non-sustainable products and services.

Amendment 300 #

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

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

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

Amendment 301 #

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

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

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

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 #

Ulrike MÜLLER, Martin HOJSÍK, Andreas GLÜCK, Jan HUITEMA

Proposal for a directive
Recital 1

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) ~~Whereas:~~ In order to tackle unfair commercial practices which prevent and impede 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~~truthful, 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 33 #

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~~ through the whole production chain, durability, reparability, upgradability, reusability, recyclability, single-use nature and the right to return to the producer 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~~ through the whole production chain, durability, reparability, upgradability, reusability, recyclability, single-use nature, and the right to return to the producer 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. Products should not be considered as single-use unless they are defined and declared to be so. Information provided by traders on the social sustainability of the whole production chain of products, such as working conditions, charity contributions or animal welfare, should not mislead consumers either.

Amendment 34 #

Ulrike MÜLLER, Jan HUITEMA, Andreas GLÜCK

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 #

Ulrike MÜLLER, Andreas GLÜCK, Jan HUITEMA

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 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 not supported by clear, objective and verifiable commitments and targets given by the trader~~. Such claims should also be supported by an independent monitoring system to monitor the progress of the trader with regard to the commitments and target~~ including a realistic implementation plan which should include concrete and verifiable interim targets without relying on offsets, and be based on existing technologies only. That plan should have sufficient budget allocated to it. Such claims should also be supported by an independent monitoring system to monitor the progress of the trader with regard to the commitments and targets. Before making an environmental claim related to future environmental performance, the claim, the underlying commitments and targets and the implementation plan should be verified and approved by an independent monitoring system. The trader making a claim should report on the progress towards the claimed future environmental performance, based on the implementation plan, on an annual basis. The implementation plan and all progress reports should be publicly available. The independent monitoring system should review the annual progress reports and should be enabled to revoke the right to make a certain claim if the progress reports do not show sufficient progress.

Amendment 38 #

Proposal for a directive
Recital 4

(4) Environmental claims, in particular climate-related claims, increasingly relate to future performance such as 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-carbo~~green 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 not supported by clear~~, objective and verifiable commitments and targets given by the trader. Such claims~~ and understandable supplementary information given by the trader setting out clear objective science-based and verifiable commitments and targets and an implementation plan at the trader level that should include implementing actions, concrete and verifiable interim targets which do not rely on offsets and are consistent with achieving long-term commitment. The implementation plan should have sufficient budget allocated and be based only on existent economically and technically viable technologies. The implementation plan as well as the progress achieved should be made publicly available, included in supplementary information to the claim, and regularly reported upon. Claims related to future environmental performance should also be supported by an independent monitoring system to verify the claim and monitor the progress of the trader with regard to the commitments and targets.

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~~. Such claims should also be supported by an independent monitoring system to monitor the progress of the trader with regard to the commitments and targets~~, including a detailed and realistic implementation plan to achieve the objectives set. That plan should include concrete and verifiable interim targets consistent with achieving the trader's long-term commitment, underpinned by a sufficient budget and based only on existing economically and technically viable technologies. The implementation plan, as well as the progress made throughout its implementation, should be made publicly available online and regularly reported upon by the trader. Claims should also be supported by an independent monitoring system to monitor the progress of the implementation plan, the trader’s commitments and targets. Claims related to future environmental performance should not be used on product level, as they could mislead as to the current environmental performance of the concrete product in question.

Amendment 40 #

Proposal for a directive
Recital 4

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~~ion~~e or scheme, pre-approved by a national authority or a Union authority, or not established by public authorities should be prohibited by including such practices in the list in Annex I to Directive 2005/29/EC. The certification scheme should fulfil minimum transparency and credibility conditions. The displaying of sustainability labels remains possible without a certification scheme where such labels are established by a public authority, or in case of additional forms of expression and presentation of food in accordance with Article 35 of Regulation (EU) No 1169/2011. This rule complements point 4 of Annex I to Directive 2005/29/EC which prohibits claiming that a trader, the commercial practices of a trader, or a product has been approved, endorsed or authorised by a public or private body when it has not, or making such a claim without complying with the terms of the approval, endorsement or authorisation.

Amendment 46 #

Proposal for a directive
Recital 7

(7) The displaying of sustainability labels or sustainability information tools which awere not ~~bas~~pre-approved onby a ~~certification scheme or not established by public~~national authority or a Union authorit~~ies~~y should be prohibited by including such practices in the list in Annex I to Directive 2005/29/EC. The certification scheme should fulfil minimum transparency and credibility conditions. The displaying of sustainability labels remains possible without a certification scheme where such labels are established by a public authority, or in caPre-approval of a sustainability label or a sustainability information tool, by a national authority or a Union authority, should be subject to the mutual recognition by all Member States and require conformity with the minimum requirements, such as: award criteria publicly available, developed in independent process and going beyond to what is required by Union legislation, impartial control procedure with third party verification, transparency of the scheme owner, accessibility to all market players, procedural transparency for consumers, outcome transparency for consumers, scientific robustness and stakeholder relevance, compliant and dispute resolution mechanisms put in place and periodic revision of the award criteria. If a label or a sustainability information tool is focused o~~f additional forms of expression and presentation of food in accordance with Article 35 of Regulation (EU) No 1169/2011~~n one environmental aspect, this should be clearly and prominently communicated to consumers. For the sake of transparency, all pre-approved sustainability labels and sustainability information tools should be included in a publicly available register, updated regularly by the national authority and the Union authority. Sustainability labels established by public authorities should be exempted from the pre-approval requirement. This rule complements point 4 of Annex I to Directive 2005/29/EC which prohibits claiming that a trader, the commercial practices of a trader, or a product has been approved, endorsed or authorised by a public or private body when it has not, or making such a claim without complying with the terms of the approval, endorsement or authorisation.

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 ~~or not established by public~~and were not pre-approved by a national authorit~~ies~~y should be prohibited by including such practices in the list in Annex I to Directive 2005/29/EC. Sustainability labels or sustainability information tools that have been pre- approved by a competent national authority should be recognised by all Member States, according to the principle of mutual recognition, and should fulfil certain minimum requirements. The Commission should be empowered to adopt a delegate acts to set out the minimum requirements for such labels and tools. The Commission should be empowered to adopt an implementing act to lay down the procedure for pre- approval of sustainability labels and sustainability information tools. Sustainability labels established by public authorities should be exempt from the pre-approval procedure. The certification scheme should fulfil minimum transparency and credibility conditions. The displaying of sustainability labels remains possible without a certification scheme where such labels are established by a public authority, or in case of additional forms of expression and presentation of food in accordance ~~with Article 35 of Regulation (EU) No 1169/2011~~. This rule complements point 4 of Annex I to Directive 2005/29/EC which prohibits claiming that a trader, the commercial practices of a trader, or a product has been approved, endorsed or authorised by a public or private body when it has not, or making such a claim without complying with the terms of the approval, endorsement or authorisation.

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. ~~The certification scheme should fulfil minimum transparency and credibility conditions~~Sustainability labels or sustainability information tools that have been pre- approved should be recognised by all Member States according to the principle of mutual recognition and should fulfil certain minimum requirements. The Commission should be empowered to adopt a delegate acts to set out the minimum requirements for such labels and tools. The certification scheme should fulfil minimum transparency and credibility conditions consistent with the United Nations Environment Programme guidelines on product sustainability information and should be accredited in accordance with Regulation (EC) No 765/2008 of the European Parliament and of the Council1a. The displaying of sustainability labels remains possible without a certification scheme where such labels are established by a public authority, or in case of additional forms of expression and presentation of food in accordance with Article 35 of Regulation (EU) No 1169/2011. This rule complements point 4 of Annex I to Directive 2005/29/EC which prohibits claiming that a trader, the commercial practices of a trader, or a product has been approved, endorsed or authorised by a public or private body when it has not, or making such a claim without complying with the terms of the approval, endorsement or authorisation. _______ 1a Regulation (EC) No 765/2008 of the European Parliament and of the Council of 9 July 2008 setting out the requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation (EEC) No 339/93 (OJ L 218, 13.8.2008, p. 30).

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 ~~minimum~~adequate transparency and credibility conditions. The displaying of sustainability labels remains possible without a certification scheme where such labels are established by a public authority, or in case of additional forms of expression and presentation of food in accordance with Article 35 of Regulation (EU) No 1169/2011. This rule complements point 4 of Annex I to Directive 2005/29/EC which prohibits claiming that a trader, the commercial practices of a trader, or a product has been approved, endorsed or authorised by a public or private body when it has not, or making such a claim without complying with the terms of the approval, endorsement or authorisation.

Amendment 50 #

Proposal for a directive
Recital 8

(8) In cases where the displaying of a sustainability label involves a commercial communication that s~~uggests or creates the impression~~tates or suggests that a product has a positive, minor or no impact on the environment, or is less damaging to the environment than competing products, that sustainability label also should be considered as constituting an environmental claim.

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. 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 prohibi, and based on methods and communication rules established in Union or national legislation.

Amendment 54 #

Martin HOJSÍK, Róża THUN UND HOHENSTEIN, Michal WIEZIK

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~~re is no excellent environmental performance demonstrated or whenever the specification of the claim~~y are based on offsetting of environmental impacts through, for example purchase of carbon or plastic credits, or whenever there is no excellent environmental performance demonstrated or whenever the specification of the claim, using science- based assessment tools such as the updated Product Environmental Footprint method set out in Commission Recommendation (EU) 2021/22791a or, where relevant, equivalent methods allowed under Regulation (EU) …/... [ecodesign for sustainable products Regulation] or equivalent methods established under Union or national law, is not provided in clear and prominent terms in the immediate proximity of the claim 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. ________ 1a Commission Recommendation (EU) 2021/2279 of 15 December 2021 on the use of the Environmental Footprint methods to measure and communicate the life cycle environmental performance of products and organisations (OJ L 471, 30.12.2021, p. 1).

Amendment 55 #

Proposal for a directive
Recital 9

Amendment 56 #

Proposal for a directive
Recital 9

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 European Parliament and of the Council of 25 November 2009 on the EU Ecolabel (Text with EEA relevance) (OJ L 27, 30.1.2010, p. 1). 23 Regulation (EU) 2017/1369 of the European Parliament and of the Council of 4 July 2017 setting a framework for energy labelling and repealing Directive 2010/30/EU (OJ L 198, 28.7.2017).

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. or when marketed as ‘fair trade product’ regardless of its social impact throughout the entire manufacturing process, labour conditions and the supply chain.

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. 25 COM(2019)640 final, 11 December 2019.

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) ~~In order to improve the welfare of consumers, the amendments to Annex I to Directive 2005/29/EC should also address~~Given that they are perceived as particularly unfair and affect the welfare of consumers, 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, should also be addressed in amendments to Annex I to Directive 2005/29/EC. 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~~is also likely to reduce the amount of waste and the unnecessary consumption of resources, contributing thereby to a more sustainable and fair consumption and production patterns.

Amendment 64 #

Proposal for a directive
Recital 14

Amendment 65 #

Proposal for a directive
Recital 14

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 ~~omit to inform the consumer that~~supply a software update, including a security update, which will negatively impact the use of goods with digital elements or certain features of those goods, even if the update improves the functioning of other features. For example, when inviting consumers to update the operating system on their smartphone, the trader will have to inform the consumer if such an update will negatively impact the functioning of any of the features of the smartphone.

Amendment 69 #

Proposal for a directive
Recital 15

(15) It should be prohibited to omit to inform the consumer ~~that~~of the degree to which a software update, including a security update, will negatively impact the use of goods with digital elements or certain features of those goods, even if the update improves the functioning of other features. For example, when inviting consumers to update the operating system on their smartphone, the trader will have to inform the consumer ifof the degree to which such an update will negatively impact the functioning of any of the features of the smartphone.

Amendment 70 #

Proposal for a directive
Recital 15

(15) It should be prohibited to ~~omit to inform the consumer that~~supply a software update, including a security update, which will negatively impact the use of goods with digital elements or certain features of those goods, even if the update improves the functioning of other features. F~~or exampl~~urthermore, when inviting consumers to update ~~the operating system on their smartphone, the trader will have to inform the consumer if such an update will negatively impact the functioning of any of the features of the smartphon~~a good, the trader should offer consumers to dissociate security and functionality updates, i.e. give them the possibility to only download the security update.

Amendment 71 #

Proposal for a directive
Recital 16

(16) It should also be prohibited to ~~omit to inform the consumer about the existence of~~introduce a feature of the good ~~introduced to~~that limits its durability. For example, such a feature could be software which stops or downgrades the functionality of the good after a particular period of time, or it could be a piece of hardware which is designed to fail after a particular period of time. The prohibition ~~of omitting to inform consumers of~~to introduce such features of the goods ~~complements and~~ does not affect the remedies available to consumers when they constitute a lack of conformity under Directive (EU) 2019/771 of the European Parliament and of the Council26 . For such a commercial practice to be considered unfair, it should not be necessary to demonstrate that the purpose of the feature is to stimulate the replacement of the respective good. The use of features limiting the durability of the goods should be distinguished from manufacturing practices using materials or processes of general low quality resulting in limited durability of the goods. Lack of conformity of a good resulting from the use of low quality materials or processes should continue to be governed by the rules on the conformity of goods set out in Directive (EU) 2019/771. __________________ 26 Directive (EU) 2019/771 of the European Parliament and of the Council of 20 May 2019 on certain aspects concerning contracts for the sale of goods, amending Regulation (EU) 2017/2394 and Directive 2009/22/EC, and repealing Directive 1999/44/EC (OJ L 136, 22.5.2019, p. 28).

Amendment 72 #

Proposal for a directive
Recital 16

(16) It should also be prohibited to ~~omit to inform the consumer about the existence of a feature of the good introduced to limit its durability~~introduce a feature to limit the lifespan of a good. For example, such a feature could be software which stops or downgrades the functionality of the good after a particular period of time, or it could be a piece of hardware which is designed to fail after a particular period of time. The prohibition of ~~omitting to inform consumers of~~introducing such features of the goods complements and does not affect the remedies available to consumers when they constitute a lack of conformity under Directive (EU) 2019/771 of the European Parliament and of the Council26 . For such a commercial practice to be considered unfair, it should not be necessary to demonstrate that the purpose of the feature is to stimulate the replacement of the respective good. The use of features limiting the durability of the goods should be distinguished from manufacturing practices using materials or processes of general low quality resulting in limited durability of the goods. Lack of conformity of a good resulting from the use of low quality materials or processes should continue to be governed by the rules on the conformity of goods set out in Directive (EU) 2019/771. __________________ 26 Directive (EU) 2019/771 of the European Parliament and of the Council of 20 May 2019 on certain aspects concerning contracts for the sale of goods, amending Regulation (EU) 2017/2394 and Directive 2009/22/EC, and repealing Directive 1999/44/EC (OJ L 136, 22.5.2019, p. 28).

Amendment 73 #

Proposal for a directive
Recital 16

(16) It should also be prohibited to ~~omit to inform the consumer about the existence of a feature of the good introduced to limit its durability~~plan equipment failure or intentionally equip a good with functions that specifically limit its useful life. For example, such a feature could be software which stops or downgrades the functionality of the good after a particular period of time, or it could be a piece of hardware which is designed to fail after a particular period of time. ~~The~~Such prohibition ~~of omitting to inform consumers of such features of the goods~~ complements and does not affect the remedies available to consumers when they constitute a lack of conformity under Directive (EU) 2019/771 of the European Parliament and of the Council26 . For such a commercial practice to be considered unfair, it should not be necessary to demonstrate that the purpose of the f~~eature~~unction is to stimulate the replacement of the respective good. The use of features limiting the durability of the goods should be distinguished from manufacturing practices using materials or processes of general low quality resulting in limited durability of the goods. Lack of conformity of a good resulting from the use of low quality materials or processes should continue to be governed by the rules on the conformity of goods set out in Directive (EU) 2019/771. __________________ 26 Directive (EU) 2019/771 of the European Parliament and of the Council of 20 May 2019 on certain aspects concerning contracts for the sale of goods, amending Regulation (EU) 2017/2394 and Directive 2009/22/EC, and repealing Directive 1999/44/EC (OJ L 136, 22.5.2019, p. 28).

Amendment 74 #

Proposal for a directive
Recital 18

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

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 of a product earlier than would otherwise be necessary for technical reasons. Such practices mislead the consumer into believing that the goods will no longer function unless their consumables are replaced, thus leading them to purchase more consumables than necessary. For example, the practice of urging the consumer, via the settings of the printer, to replace the printer ink cartridges before they are actually empty in order to stimulate the purchase of additional ink cartridges would be prohibited. This prohibition must be consistently distinguished from the situation in which the consumer is merely warned that the cartridges will soon be empty, more generally, that the material necessary for the functioning of the goods will be completely consumed.

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 ~~inducing the consumer into~~marketing goods that require replacing the consumables ~~of a product~~ earlier than would otherwise be necessary for technical reasons. Such practices mislead the consumer into believing that the goods will no longer function unless their consumables are replaced, thus leading them to purchase more consumables than necessary. For example, ~~the practice of urging the consumer, via the settings of the print~~marketing a printer that requires consumer,s to replace the printer ink cartridges before they are actually empty in order to stimulate the purchase of additional ink cartridges would be prohibited.

Amendment 77 #

Proposal for a directive
Recital 21

(21) Annex I to Directive 2005/29/EC should also be amended to prohibit ~~omitting to inform the consumer that the good is designed to limit its~~marketing goods that are designed in a way that limits their functionality when using consumables, spare parts or accessories that are not provided by the original producer. For example, the marketing of printers that are designed to limit their functionality when using ink cartridges not provided by the original producer of the printer ~~without disclosing this information to the consumer~~ would be prohibited. This practice could mislead consumers into purchasing an alternative ink cartridge which cannot be used for that printer, thus leading to unnecessary repair costs, waste streams or additional costs due to the obligation to use the original producer’s consumables which the consumer could not foresee at the time of purchase. Similarly, marketing smart devices designed to limit their functionality when using chargers or spare parts that are not provided by the original producer ~~without disclosing this information to the consumer~~ would be prohibited as well.

Amendment 78 #

Proposal for a directive
Recital 21

(21) Annex I to Directive 2005/29/EC should also be amended to prohibit ~~omitting to inform the consumer that the good~~the marketing of a good that is designed to limit its functionality when using consumables, spare parts or accessories that are not provided by the original producer. For example, the marketing of printers that are designed to limit their functionality when using ink cartridges not provided by the original producer of the printer without disclosing this information to the consumer would be prohibited. This practice could mislead consumers into purchasing an alternative ink cartridge which cannot be used for that printer, thus leading to unnecessary repair costs, waste streams or additional costs due to the obligation to use the original producer’s consumables which the consumer could not foresee at the time of purchase. Similarly, marketing smart devices designed to limit their functionality when using chargers or spare parts that are not provided by the original producer ~~without disclosing this information to the consumer~~ would be prohibited as well.

Amendment 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 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. 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. Information on the durability and reparability of a product for all types of goods should be provided in a way that is easily accessible to and understandable for consumers, in the official EU language or languages of the Member State in whose territory the good is placed on the market and put into service. __________________ 27 Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council and repealing Council Directive 85/577/EEC and Directive 97/7/EC of the European Parliament and of the Council (OJ L 304, 22.11.2011, p. 64). 28 Directive 2019/882/EU of the European Parliament and of the Council of 17 April 2019 on the accessibility requirements for products and services (OJ L 151, 7.6.2019, p. 70). 29 Directive (EU) 2019/770 of the European Parliament and of the Council of 20 May 2019 on certain aspects concerning contracts for the supply of digital content and digital services (OJ L 136, 22.5.2019, p. 1). 30 Directive (EU) 2019/771 of the European Parliament and of the Council of 20 May 2019 on certain aspects concerning contracts for the sale of goods, amending Regulation (EU) 2017/2394 and Directive 2009/22/EC, and repealing Directive 1999/44/EC (OJ L 136, 22.5.2019, p. 28).

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 ~~and reparability should be provided for all types of goods before concluding the contract~~, reparability, upgradability, reusability, recyclability, single-use nature and the right to return to the producer should be provided for all types of goods before concluding the contract. Products should not be considered as single-use unless they are defined and declared to be so. 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. 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~~, upgradability, reusability, recyclability, the right to return to the producer, the availability of updates and the possible declaration of single-use nature. Information should be provided to consumers in a clear and comprehensible manner and in line with the accessibility requirements of Directive 2019/88228 . The obligation to provide this information to consumers complements and does not affect the rights of consumers provided in Directives (EU) 2019/77029 and (EU) 2019/77130 of the European Parliament and of the Council. __________________ 27 Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council and repealing Council Directive 85/577/EEC and Directive 97/7/EC of the European Parliament and of the Council (OJ L 304, 22.11.2011, p. 64). 28 Directive 2019/882/EU of the European Parliament and of the Council of 17 April 2019 on the accessibility requirements for products and services (OJ L 151, 7.6.2019, p. 70). 29 Directive (EU) 2019/770 of the European Parliament and of the Council of 20 May 2019 on certain aspects concerning contracts for the supply of digital content and digital services (OJ L 136, 22.5.2019, p. 1). 30 Directive (EU) 2019/771 of the European Parliament and of the Council of 20 May 2019 on certain aspects concerning contracts for the sale of goods, amending Regulation (EU) 2017/2394 and Directive 2009/22/EC, and repealing Directive 1999/44/EC (OJ L 136, 22.5.2019, p. 28).

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 Parliament and of the Council of 25 October 2011 on consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council and repealing Council Directive 85/577/EEC and Directive 97/7/EC of the European Parliament and of the Council (OJ L 304, 22.11.2011, p. 64). 28 Directive 2019/882/EU of the European Parliament and of the Council of 17 April 2019 on the accessibility requirements for products and services (OJ L 151, 7.6.2019, p. 70). 29 Directive (EU) 2019/770 of the European Parliament and of the Council of 20 May 2019 on certain aspects concerning contracts for the supply of digital content and digital services (OJ L 136, 22.5.2019, p. 1). 30 Directive (EU) 2019/771 of the European Parliament and of the Council of 20 May 2019 on certain aspects concerning contracts for the sale of goods, amending Regulation (EU) 2017/2394 and Directive 2009/22/EC, and repealing Directive 1999/44/EC (OJ L 136, 22.5.2019, p. 28).

Amendment 82 #

Proposal for a directive
Recital 23

(23) A good indicator of a good’s durability is the ~~producer’s~~duration of the legal guarantee of conformity, that may include voluntary extensions provided by the trader or the producer without entailing additional costs for consumers. A commercial guarantee of durability within the meaning of Article 17 of Directive (EU) 2019/771 should therefore be provided by the producer free of charge to consumers. Therefore, Directive 2011/83/EU should be amended to specifically require traders selling goods to ~~inform~~display to consumers ~~about the existence of~~‘a guaranteed lifespan label’ theat pro~~duc~~vide consumer’s ~~commercial guarantee of durability for all types of goods, where the producer makes this information available.~~ information on the legal guarantee of conformity as a minimum, and its voluntary extension by the producer at no additional costs. Furthermore, it should be clearly displayed to consumers that a voluntary commercial guarantee by the producer or trader applies on top of the legal guarantee for conformity. Consumers should also be specifically informed about their rights under those guarantees, including on the length of reversed burden of proof.

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 ~~selling goods to inform consumers about the existence of the producer’s commercial guarantee of durability for all types of goods, where the producer makes this information available~~to provide, before the conclusion of the contract, a guaranteed lifespan label. Such a label should, as a minimum, display the length of the legal guarantee of conformity during which the remedies laid down in Article 13 of Directive (EU) 2019/771 will be available to the consumer, as well as any voluntary extension of the guarantee provided without additional cost.

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

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

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

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~~ly for~~sumers of this category of goods~~, consumers should be~~ should be explicitly made aware that the information about the existence of a producer’s commercial guarantee of durability of more than two years has not been provided by the producer.

Amendment 90 #

Proposal for a directive
Recital 25

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

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

(26) In view of the established minimum duration of two years of the seller’s liability for lack of conformity in accordance with Directive (EU) 2019/771 and the fact that many product failures occur after two years, the trader’s obligation to inform consumers about the existence and duration of the producer’s commercial guarantee of durability should apply to guarantees that are of more than two years.deleted

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 ~~should inform consumers about the existence and dur~~and producers should include, on the guaranteed lifespan label, information, ofn the p~~roducer’s commercial guarantee of durability~~eriod of the voluntary extension to the legal guarantee only where it applies for the entire good and not for specific components of the good.

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 #

David CORMAND, Anna CAVAZZINI, Francisco GUERREIRO, Malte GALLÉE

Proposal for a directive
Recital 28

source: 737.299

2022/11/24 IMCO 288 amendments...

Amendment 100 #

Proposal for a directive
Recital 18

(18) Similarly, Annex I to Directive 2005/29/EC should also be amended to prohibit ~~presenting products as allowing repair when such repair is not possible, as well as omitting to inform consumers that it is not possible to~~the marketing of products that cannot be repair ~~goods~~ed, in accordance with legal requirements under Regulation EU [Ecodesign for Sustainable Products].

Amendment 101 #

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 marketing goods that induc~~ing~~e the consumer into replacing the consumables of a product earlier than would otherwise be necessary for technical reasons. Such practices mislead the consumer into believing that the goods will no longer function unless their consumables are replaced, thus leading them to purchase more consumables than necessary. For example, the practice of urging the consumer, via the settings of the printer, to replace the printer ink cartridges before they are actually empty in order to stimulate the purchase of additional ink cartridges would be prohibited. Furthermore, it should also be prohibited to fail to inform the consumer of the actual price of a product which has a component or element that needs to be replaced regularly (printer ink cartridge, battery, etc.).

Amendment 102 #

Proposal for a directive
Recital 20

(20) Another practice associated with early obsolescence which should be prohibited and added to the list in Annex I to Directive 2005/29/EC is ~~inducing the consumer into~~marketing goods that require replacing the consumables of a product earlier than would otherwise be necessary for technical reasons. Such practices ~~mis~~leads t~~he consumer into believing that~~o a situation where the goods will no longer function unless their consumables are replaced, thus leading ~~them~~consumers to purchase more consumables than necessary. For example, the practice of urging the consumer, via the settings of the printer, to replace the printer ink cartridges before they are actually empty in order to stimulate the purchase of additional ink cartridges would be prohibited.

Amendment 103 #

David CORMAND, Anna CAVAZZINI, Francisco GUERREIRO, Malte GALLÉE

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 of a product earlier than would otherwise be necessary for technical reasons. Such practices mislead the consumer into believing that the goods will no longer function unless their consumables are replaced, thus leading them to purchase more consumables than necessary. For example, the practice of urging the consumer, via the settings of the printer, to replace the printer ink cartridges before they are actually empty in order to stimulate the purchase of additional ink cartridges would be prohibited provided that the purpose is only to promote sales.

Amendment 104 #

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~~the marketing of goods that require replacing the consumables of a product earlier than would otherwise be necessary for technical reasons. Such practices ~~mis~~lead ~~the consumer into believing that~~s to situations where the goods will no longer function unless their consumables are replaced, thus leading ~~them~~consumers to purchase more consumables than necessary. For example, the practice of urging the consumer, via the settings of the printer, to replace the printer ink cartridges before they are actually empty in order to stimulate the purchase of additional ink cartridges would be prohibited.

Amendment 105 #

David CORMAND, Anna CAVAZZINI, Francisco GUERREIRO, Malte GALLÉE

Proposal for a directive
Recital 21

(21) Annex I to Directive 2005/29/EC should also be amended to prohibit ~~omitting to inform the consumer that the good is~~marketing of goods that are designed to limit ~~its~~their functionality when using consumables, spare parts or accessories that are not provided by the original producer. For example, the marketing of printers that are designed to limit their functionality when using ink cartridges not provided by the original producer of the printer without disclosing this information to the consumer would be prohibited. This practice could mislead consumers into purchasing an alternative ink cartridge which cannot be used for that printer, thus leading to unnecessary repair costs, waste streams or additional costs due to the obligation to use the original producer’s consumables ~~which the consumer could not foresee at the time of purchase~~. Similarly, marketing smart devices designed to limit their functionality when using chargers or spare parts that are not provided by the original producer ~~without disclosing this information to the consumer~~ would be prohibited as well.

Amendment 106 #

Proposal for a directive
Recital 21

(21) Annex I to Directive 2005/29/EC should also be amended to prohibit ~~omitting to inform the consumer that the~~ the marketing of a good is designed to limit its functionality when using consumables, spare parts or accessories that are not provided by the original producer. For example, the marketing of printers that are designed to limit their functionality when using ink cartridges not provided by the original producer of the printer ~~without disclosing this information to the consumer~~ would be prohibited. This practice could mislead consumers into purchasing an alternative ink cartridge which cannot be used for that printer, thus leading to unnecessary repair costs, waste streams or additional costs due to the obligation to use the original producer’s consumables which the consumer could not foresee at the time of purchase. Similarly, marketing smart devices designed to limit their functionality when using chargers or spare parts that are not provided by the original producer ~~without disclosing this information to the consumer~~ would be prohibited as well.

Amendment 107 #

David CORMAND, Anna CAVAZZINI, Francisco GUERREIRO, Malte GALLÉE

Proposal for a directive
Recital 21

(21) Annex I to Directive 2005/29/EC should also be amended to prohibit omitting to inform the consumer that ~~the good~~marketing a good that is designed to limit its functionality when using consumables, spare parts or accessories that are not provided by the original producer. For example, the marketing of printers that are designed to limit their functionality when using ink cartridges not provided by the original producer of the printer ~~without disclosing this information to the consumer~~ would be prohibited. This practice could mislead consumers into purchasing an alternative ink cartridge which cannot be used for that printer, thus leading to unnecessary repair costs, waste streams or additional costs due to the obligation to use the original producer’s consumables which the consumer could not foresee at the time of purchase. Similarly, marketing smart devices designed to limit their functionality when using chargers or spare parts that are not provided by the original producer ~~without disclosing this information to the consumer~~ would be prohibited as well.

Amendment 108 #

Proposal for a directive
Recital 21 a (new)

(21a) Audiovisual commercial communication influence consumer behaviour and encourage consumption of displayed products. Commercial communication are responsible for generating transactional decisions that would not have been taken otherwise. In order to engage consumers in the green transition, it is necessary that commercial communication be reserved for goods compatible with our environmental goals. Accordingly, those goods who have the worst environmental impact should be precluded from being promoted through commercial communications.

Amendment 109 #

David CORMAND, Anna CAVAZZINI, Francisco GUERREIRO, Malte GALLÉE

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, through clear and easy-to-understand labels or, when such labels are not required under Union or national law, through minimum information requirements. 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 in accordance with requirements under Union or national law, which is as a minimum, for a period of time that the consumer may reasonably expect. Free software updates should include both security and functionality updates, to be provided independently from each other. Therefore, Directive 2011/83/EU of the European Parliament and of the Council27 should be amended to provide consumers with pre-contractual information about durability, reparability and the availability of updates. Information should be provided to consumers in a clear and comprehensible manner and in line with the accessibility requirements of Directive 2019/88228 . The obligation to provide this information to consumers complements and does not affect the rights of consumers provided in Directives (EU) 2019/77029 and (EU) 2019/77130 of the European Parliament and of the Council. __________________ 27 Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council and repealing Council Directive 85/577/EEC and Directive 97/7/EC of the European Parliament and of the Council (OJ L 304, 22.11.2011, p. 64). 28 Directive 2019/882/EU of the European Parliament and of the Council of 17 April 2019 on the accessibility requirements for products and services (OJ L 151, 7.6.2019, p. 70). 29 Directive (EU) 2019/770 of the European Parliament and of the Council of 20 May 2019 on certain aspects concerning contracts for the supply of digital content and digital services (OJ L 136, 22.5.2019, p. 1). 30 Directive (EU) 2019/771 of the European Parliament and of the Council of 20 May 2019 on certain aspects concerning contracts for the sale of goods, amending Regulation (EU) 2017/2394 and Directive 2009/22/EC, and repealing Directive 1999/44/EC (OJ L 136, 22.5.2019, p. 28).

Amendment 110 #

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, where it can be reasonably assessed, consumers should be informed about the period of time during which free software updates are available. Therefore, Directive 2011/83/EU of the European Parliament and of the Council27 should be amended to provide consumers, including in an official language or in official languages of the Member State where the good is sold, 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 and (EU) 2011/83 of the European Parliament and of the Council. __________________ 27 Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council and repealing Council Directive 85/577/EEC and Directive 97/7/EC of the European Parliament and of the Council (OJ L 304, 22.11.2011, p. 64). 28 Directive 2019/882/EU of the European Parliament and of the Council of 17 April 2019 on the accessibility requirements for products and services (OJ L 151, 7.6.2019, p. 70). 29 Directive (EU) 2019/770 of the European Parliament and of the Council of 20 May 2019 on certain aspects concerning contracts for the supply of digital content and digital services (OJ L 136, 22.5.2019, p. 1). 30 Directive (EU) 2019/771 of the European Parliament and of the Council of 20 May 2019 on certain aspects concerning contracts for the sale of goods, amending Regulation (EU) 2017/2394 and Directive 2009/22/EC, and repealing Directive 1999/44/EC (OJ L 136, 22.5.2019, p. 28).

Amendment 111 #

Proposal for a directive
Recital 22

(22) In order for consumers to take better informed decisions and stimulate the demand for, and the supply of, more durable goods, specific information about a product’s durability and reparability should be provided for all types of goods before concluding the contract. Moreover, as regards goods with digital elements, digital content and digital services, consumers should be informed about the period of time during which free software updates are available, including both security and other, functionality or features updates, which should be provided independently. Therefore, Directive 2011/83/EU of the European Parliament and of the Council27 should be amended to provide consumers with pre-contractual information about durability, reparability and the availability of updates. Information should be provided to consumers in a clear and comprehensible manner and in line with the accessibility requirements of Directive 2019/88228 . The obligation to provide this information to consumers complements and does not affect the rights of consumers provided in Directives (EU) 2019/77029 and (EU) 2019/77130 of the European Parliament and of the Council. __________________ 27 Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council and repealing Council Directive 85/577/EEC and Directive 97/7/EC of the European Parliament and of the Council (OJ L 304, 22.11.2011, p. 64). 28 Directive 2019/882/EU of the European Parliament and of the Council of 17 April 2019 on the accessibility requirements for products and services (OJ L 151, 7.6.2019, p. 70). 29 Directive (EU) 2019/770 of the European Parliament and of the Council of 20 May 2019 on certain aspects concerning contracts for the supply of digital content and digital services (OJ L 136, 22.5.2019, p. 1). 30 Directive (EU) 2019/771 of the European Parliament and of the Council of 20 May 2019 on certain aspects concerning contracts for the sale of goods, amending Regulation (EU) 2017/2394 and Directive 2009/22/EC, and repealing Directive 1999/44/EC (OJ L 136, 22.5.2019, p. 28).

Amendment 112 #

David CORMAND, Anna CAVAZZINI, Francisco GUERREIRO, Malte GALLÉE

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 can be expected to be are available. Therefore, Directive 2011/83/EU of the European Parliament and of the Council27 should be amended to provide consumers with pre- contractual information about durability, reparability and the availability of updates. Information should be provided to consumers in a clear and comprehensible manner and in line with the accessibility requirements of Directive 2019/88228 . The obligation to provide this information to consumers complements and does not affect the rights of consumers provided in Directives (EU) 2019/77029 and (EU) 2019/77130 of the European Parliament and of the Council. __________________ 27 Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council and repealing Council Directive 85/577/EEC and Directive 97/7/EC of the European Parliament and of the Council (OJ L 304, 22.11.2011, p. 64). 28 Directive 2019/882/EU of the European Parliament and of the Council of 17 April 2019 on the accessibility requirements for products and services (OJ L 151, 7.6.2019, p. 70). 29 Directive (EU) 2019/770 of the European Parliament and of the Council of 20 May 2019 on certain aspects concerning contracts for the supply of digital content and digital services (OJ L 136, 22.5.2019, p. 1). 30 Directive (EU) 2019/771 of the European Parliament and of the Council of 20 May 2019 on certain aspects concerning contracts for the sale of goods, amending Regulation (EU) 2017/2394 and Directive 2009/22/EC, and repealing Directive 1999/44/EC (OJ L 136, 22.5.2019, p. 28).

Amendment 113 #

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 iduration of the legal guarantee of conformity, and where available, its voluntary extension provided by the trader or the producer free of charge Therefore, Directive 2011/83/EU should be amended to specifically require traders selling goods to inform consumers before the conclusion of the contract through a label on guaranteed lifetime of a good. Such label should include as a minimum the duration of the legal guarantee of conformity, and where provided on a voluntary basis by the producer, the duration of its extension. Information on availableility of after-sales and repair services should also be provided.

Amendment 114 #

David CORMAND, Anna CAVAZZINI, Francisco GUERREIRO, Malte GALLÉE

Proposal for a directive
Recital 23 a (new)

(23a) Another commercial practice observed, which should be classified as unfair in all circumstances, is when a producer offers a different commercial guarantee and repair conditions for the same model of product depending on the Member State where the product is to be offered. For example, a manufacturer offers a five-year commercial guarantee period for the same model of washing machine in one Member State and only a three-year period in another Member State, which bears the hallmarks of 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 and respecting different periods of legal guarantee and its impact on the total length of the commercial guarantee and the legal guarantee, such practices should be prohibited.

Amendment 115 #

Proposal for a directive
Recital 24

Amendment 116 #

Proposal for a directive
Recital 24

Amendment 117 #

Proposal for a directive
Recital 24

Amendment 118 #

David CORMAND, Anna CAVAZZINI, Francisco GUERREIRO, Malte GALLÉE

Proposal for a directive
Recital 25

Amendment 119 #

Proposal for a directive
Recital 25

Amendment 120 #

David CORMAND, Anna CAVAZZINI, Francisco GUERREIRO, Malte GALLÉE

Proposal for a directive
Recital 26

Amendment 121 #

David CORMAND, Anna CAVAZZINI, Francisco GUERREIRO, Malte GALLÉE

Proposal for a directive
Recital 26

(26) In view of the established minimum duration of two years of the seller’s liability for lack of conformity in accordance with Directive (EU) 2019/771 ~~and~~, of the fact that many product failures occur after two years~~, the trader’s obligation to inform consumers about the existence and duration of the producer’s commercial guarantee of durability should apply to guarantees that are of more than two years~~ and of the fact that Directive (EU) 2019/771 is to be reviewed by 2024, the two-year legal guarantee period should be extended to suit product categories with a longer estimated lifespan.

Amendment 122 #

Proposal for a directive
Recital 28

Amendment 123 #

David CORMAND, Anna CAVAZZINI, Francisco GUERREIRO, Malte GALLÉE

Proposal for a directive
Recital 29

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

Amendment 124 #

Proposal for a directive
Recital 29

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

Amendment 125 #

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

Amendment 126 #

David CORMAND, Anna CAVAZZINI, Francisco GUERREIRO, Malte GALLÉE

Proposal for a directive
Recital 30

(30) Likewise, traders offering digital content and digital services should also inform consumers about the minimum period ~~during which the provider~~ of thime digital content or digital service, where the provider is different from the trader, commits to provide software updates, including security updates, necessary to keep the digital content and digital services in conformity. Information about the provider’s commitment to provide software updates is relevant only where the contract provides for a single act of supply or a series of individual acts of supply in respect of which Article 8(2), point (b), of Directive 2019/770 applies. In contrast, there should be no new obligation to provide that information where the contract provides for a continuous supply over a period of time, since for these contracts Article 8(2), point (a) of Directive (EU) 2019/770 specifies the period of time during which the trader is to ensure that the consumer is informed of and supplied with updatesuring which the producer will provide software updates for such goods including, as a minimum, the mandatory period for which the updates shall be provided in accordance with Directive (EU) 2019/770.

Amendment 127 #

Proposal for a directive
Recital 30

(30) Likewise, traders offering digital content and digital services should also inform consumers about the minimum period during which the provider of the digital content or digital service, where the provider is different from the trader, commits to provide software updates, including security updates, necessary to keep the digital content and digital services in conformity. ~~Information about the provider’s commitment to provide software updates is relevant only where the contract pro~~Likewise, traders offering digital content and digital servidces for a single act of supply or a series of individual acts of supply in respect of which Article 8(2), point (b), of Directive 2019/770 applies. In contrast, there should be no new obligation to provide that information where the contract provides for a continuous supply over a period of time, since for these contracts Article 8(2), point (a) of Directive (EU) 2019/770 specifies the period of time during which the trader is to ensure that the consumer is informed of and supplied witshould 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, will provide software updates, including security updates, necessary to keep the digital content and digital services in conformity. This information should include as a minimum the mandatory period foreseen under EU law to provide such updates.

Amendment 128 #

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, ~~commit~~intends to provide necessary software updates, including security updates, necessary to keep the digital content and digital services in conformity. Information about the provider’s ~~commitment~~intentions to provide software updates is relevant only where the contract provides for a single act of supply or a series of individual acts of supply in respect of which Article 8(2), point (b), of Directive 2019/770 applies. In contrast, there should be no new obligation to provide that information where the contract provides for a continuous supply over a period of time, since for these contracts Article 8(2), point (a) of Directive (EU) 2019/770 specifies the period of time during which the trader is to ensure that the consumer is informed of and supplied with updates.

Amendment 129 #

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 as a first step, the reparability score of the good as provided by the producer in accordance with ~~Union law~~national and Union law. This reparability score shall be established according to several criteria, namely the availability and sale price of spare parts in relation to the price of new equipment, including the ordering procedure, information about the disassembly of and access to parts, the length of availability on the market of spare parts and delivery times, and the availability of a user and repair manual. This reparability score should be affixed directly to the product or its packaging. In shops it should be displayed on or in the immediate vicinity of the product, and on websites in the presentation of the equipment and close to the price. Within two years of this Directive entering into force, this reparability score should be extended to a wider category of goods.

Amendment 130 #

Proposal for a directive
Recital 31

Amendment 131 #

David CORMAND, Anna CAVAZZINI, Francisco GUERREIRO, Malte GALLÉE

Proposal for a directive
Recital 31

Amendment 132 #

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~~display, 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 133 #

Proposal for a directive
Recital 31

Amendment 134 #

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 yet established ~~in accordance with Union law~~, traders should provide, for all types of goods, other relevant ~~repair~~ information ~~that is made available by the producer, such as information about the availability of spare parts, and~~about the availability and sale price of spare parts in relation to the price of new equipment, including the ordering procedure, information about the disassembly of and access to parts, the length of availability on the market of spare parts and delivery times, and the availability of a user and repair manual.

Amendment 135 #

David CORMAND, Anna CAVAZZINI, Francisco GUERREIRO, Malte GALLÉE

Proposal for a directive
Recital 32

Amendment 136 #

Proposal for a directive
Recital 32

Amendment 137 #

Proposal for a directive
Recital 32

Amendment 138 #

David CORMAND, Anna CAVAZZINI, Francisco GUERREIRO, Malte GALLÉE

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,~~necessary updates where the producer or provider of the digital content or digital service, when different from the trader, makes the relevant information available. In particular, as regards goods, the trader should convey to consumers the information that the producer has provided to the trader or has otherwise intended to make readily available to the consumer before the conclusion of the contract, by indicating it on the product itself, its packaging or tags and labels that the consumer would normally consult before concluding the contract. The trader should not be required to actively search for such information from the producer, for example, on the product-specific websiteor through digital means.

Amendment 139 #

Proposal for a directive
Recital 33

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

Amendment 140 #

Proposal for a directive
Recital 33 a (new)

(33a) Given the key role played by small and medium-sized enterprises in the transition to a more local and circular economy, the Member States and the Commission shall take measures to help them face the administrative and financial burdens.

Amendment 141 #

Proposal for a directive
Recital 35

(35) Since the objectives of this Directive, namely, enabling better informed transactional decisions by consumers to promote sustainable consumption, supporting a more local and circular economy, eliminating practices that cause damage to the sustainable economy and mislead consumers away from sustainable consumption choices, and ensuring a better and consistent application of the Union consumer legal framework, cannot be sufficiently achieved by the Member States individually but can rather, by reason of the Union-wide character of the problem, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary to achieve those objectives.

Amendment 142 #

Proposal for a directive
Recital 36 a (new)

(36a) The Commission should present easy-to-understand guidelines for businesses with the requirements of this Regulation. When developing such guidelines, the Commission should take into consideration needs of SMEs so as to keep administrative and financial burdens to a minimum while facilitating their compliance with this Regulation. The Commission should consult relevant stakeholders, with expertise in the field of marketing.

Amendment 143 #

Proposal for a directive
Recital 36 b (new)

(36b) Consumer-led review systems based on clear and transparent process can be considered a part of independent monitoring system.

Amendment 144 #

Proposal for a directive
Recital 36 c (new)

(36c) Sustainability labels established by public authorities should 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 small and medium enterprises should be encouraged.

Amendment 145 #

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

(1) in Article 2, the following points (o) to (yz) are added:

Amendment 146 #

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 in any form, 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 implies that a product or trader has a positive 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 147 #

David CORMAND, Anna CAVAZZINI, Francisco GUERREIRO, Malte GALLÉE

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 implies that a product, group or category of product, brand or trader has a positive 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 148 #

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

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

(oa) ‘generic social claim’ means any message or representation, which is not mandatory under Union law or national law, or specific and based on a certification scheme, 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 implies that a product or trader has been produced in accordance with social justice issues such as gender or racial equality, or that a trader made specific commitments towards fundamental rights, labour norms' respect or working conditions throughout the conception, the manufacturing process of the product and its components, and its distribution, compared to other products or traders;

Amendment 149 #

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

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

~~(p) ‘explicit environmental claim’ means an environmental claim that is in textual form or contained in a sustainability label;~~deleted

Amendment 150 #

David CORMAND, Anna CAVAZZINI, Francisco GUERREIRO, Malte GALLÉE

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

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

~~(p) ‘explicit environmental claim’ means an environmental claim that is in textual form or contained in a sustainability label;~~deleted

Amendment 151 #

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

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

~~(p) ‘explicit environmental claim’ means an environmental claim that is in textual form or contained in a sustainability label;~~deleted

Amendment 152 #

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

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

~~(q) ‘gener~~‘vague or non-specific environmental claim’ ~~(q)~~ means an~~y explicit~~ environmental claim, in textual form and not contained in a sustainability label, where the specification of the claim is not provided in clear and prominent terms on the same medium; This new definition shall apply throughout the text. The updated text reflects existing ISO 14021:2016 standard.ich is vague or non-specific or generally implies that a product is environmentally beneficial or environmentally benign, and which is not substantiated through robust and science- based criteria or methodologies and definitions, inter alia, existing and recognised international standards; Or. enJustification

Amendment 153 #

David CORMAND, Anna CAVAZZINI, Francisco GUERREIRO, Malte GALLÉE

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

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

Amendment 154 #

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

(q) ‘generic environmental claim’ means an~~y explicit~~ environmental claim in any form, 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 155 #

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 ~~explicit~~ environmental 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 156 #

David CORMAND, Anna CAVAZZINI, Francisco GUERREIRO, Malte GALLÉE

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

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

(qa) ‘substantiated generic environmental claim’ means a generic environmental claim based on clear, verifiable and scientific methods or standards whose specification is provided in clear and prominent terms on the same medium, or made available digitally at the point of purchase.

Amendment 157 #

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 regularly updated through independent processes, while reflecting significant improvements compared to minimum product requirements under Union or national law. This does not cover any mandatory label required in accordance with Union or national law;

Amendment 158 #

David CORMAND, Anna CAVAZZINI, Francisco GUERREIRO, Malte GALLÉE

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 procedure’ means an ex-ante conformity assessment of the environmental claim, sustainability label or sustainability information tool by an EU body or a national competent authority based on requirements and criteria established in accordance with Union or national law;

Amendment 159 #

David CORMAND, Anna CAVAZZINI, Francisco GUERREIRO, Malte GALLÉE

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 European or national authority;

Amendment 160 #

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~~accredited in accordance with Regulation 765/2008 that is open under publicly available transparent, fair and non- discriminatory terms and at reasonable costs to all traders willing and able to comply with the scheme’s requirements, which certifies that a product complies with certain transparent, scientific, verifiable and publicly available requirements, and for which the monitoring of compliance isand award of the certificate are objective, based on international, Union or national standards and procedures and carried out by a party independent from both the scheme owner and the trader;

Amendment 161 #

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

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

(s) ‘certification scheme’ means a third-party verification scheme that is open under transparent, fair and non- discriminatory terms to all traders willing and able to comply with the scheme’s requirements, which certifies that a product, a process, or a business complies with certain requirements, and for which the monitoring of compliance is objective, based on international, Union or national standards and procedures taking into account the nature of the products, processes, or businesses concerned and carried out by a party independent from both the scheme owner and the trader;

Amendment 162 #

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 to the participating traders 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 carried out by a party independent from both the scheme owner and the trader;

Amendment 163 #

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 and entities 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~~ carried out by a party independent from both the scheme owner and the trader; or entity.

Amendment 164 #

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,~~scientifically based, verifiable, transparent and carried out by an independent party 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 carried out by a party independent from both the scheme owner and the trader;~~, or is evaluated by a well-established and reputable Non- Governmental Organisation.

Amendment 165 #

David CORMAND, Anna CAVAZZINI, Francisco GUERREIRO, Malte GALLÉE

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

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

(sa) ‘An independent monitoring system’ is a certified auditing procedure, or is endorsed by a public authority or is validated by a Non-Governmental Organisation.

Amendment 166 #

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

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

(t) ‘sustainability information and comparison 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; . Any comparison shall be objective, by, in particular, comparing products or features of a product which serve the same function, using a common methodology based on verifiable data;

Amendment 167 #

David CORMAND, Anna CAVAZZINI, Francisco GUERREIRO, Malte GALLÉE

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; ______ * Regulation (EC) No 66/2010 of the European Parliament and of the Council of 25 November 2009 on the EU Ecolabel (OJ L 27, 30.1.2010, p. 1).

Amendment 168 #

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

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

(v) ‘durability’ means ~~dur~~the ability as defined in Article 2, point (13), of Directive (EU) 2019/771 of the European Parliament and of the Council**; ______ ** Directive (EU) 2019/771 of the European Parliament and of the Council of 20 May 2019 on certain aspects concerning contracts for the sale of goods, amending Regulation (EU) 2017/2394 and Directive 2009/22/EC, and repealing Directive 1999/44/EC (OJ L 136, 22.5.2019, p. 28).’of a product to function and maintain for a certain period of time its required function and performance under normal conditions of use, maintenance and repair;

Amendment 169 #

David CORMAND, Anna CAVAZZINI, Francisco GUERREIRO, Malte GALLÉE

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

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

(va) ‘premature obsolescence’ means practices that lead to the shortening of a product’s lifespan, either through its design or by not providing essential elements required for the product’s functioning;

Amendment 170 #

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

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

(w) ‘software update’ means a free update, ~~including a security~~either a security update, or any other functionality or feature update, that is necessary to keep goods with digital elements, digital content and digital services in conformity in accordance with Directives (EU) 2019/770 and (EU) 2019/771 or which improves or reduces their durability;

Amendment 171 #

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

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

(w) ‘mandatory software update’ means a free update, including a security update, that is necessary to keep goods with digital elements, digital content and digital services in conformity in accordance with Directives (EU) 2019/770 and (EU) 2019/771; ~~This amendment applies throughout the text.~~Or. enJustification

Amendment 172 #

David CORMAND, Anna CAVAZZINI, Francisco GUERREIRO, Malte GALLÉE

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

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

(w) ‘software update’ means a ~~free~~ update, including a security update, that is necessary to keep goods with digital elements, digital content and digital services in conformity in accordance with Directives (EU) 2019/770 and (EU) 2019/771;

Amendment 173 #

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 good, whose main purpose is to provide enhanced security for the device or bring it into conformity;

Amendment 174 #

David CORMAND, Anna CAVAZZINI, Francisco GUERREIRO, Malte GALLÉE

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 good in conformity and whose main purpose is to improve current functionalities or implement new functionalities;

Amendment 175 #

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

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

(x) ‘consumable’ means any component of a good that is used up recurrently and needs to be replaced or replenished for the good to function as intended;

Amendment 176 #

David CORMAND, Anna CAVAZZINI, Francisco GUERREIRO, Malte GALLÉE

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

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

(ya) "Dark pattern" an interaction design that materially distorts or impairs, either on purpose or in effect, the ability of consumers to make autonomous and informed choices or decisions, and persuades them to engage in unwanted behaviours or into undesired decisions which have negative consequences for them.

Amendment 177 #

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 the purchase of credits, such as carbon or plastic credits, or provision of financial support for environmental projects, such as reforestation and renewable energy installation, to allegedly compensate for the purchaser’s own environmental impact, or of their goods or services.

Amendment 178 #

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 where applicable or required by product-specific legislation, accessories, durability, and reparability where applicable or required by product-specific legislation, after- sale customer assistance and complaint handling, method and date of manufacture or provision, delivery, fitness for purpose, usage, quantity, specification, geographical or commercial origin or the results to be expected from its use, or the results and material features of tests or checks carried out on the product.;

Amendment 179 #

David CORMAND, Anna CAVAZZINI, Francisco GUERREIRO, Malte GALLÉE

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 such as working conditions, origin of the product, charity contributions or animal welfare, accessories, durability, reparability, reusability, recyclability, after- sale customer assistance and complaint handling, method and date of manufacture or provision, delivery, fitness for purpose, usage, quantity, specification, geographical or commercial origin or the results to be expected from its use, or the results and material features of tests or checks carried out on the product.;

Amendment 180 #

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

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

Amendment 181 #

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, recyclability, after- sale customer assistance and complaint handling, method and date of manufacture or provision, delivery, fitness for purpose, usage, quantity, specification, geographical or commercial origin or the results to be expected from its use, or the results and material features of tests or checks carried out on the product.;

Amendment 182 #

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

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

Amendment 183 #

Arba KOKALARI

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

(b) the main characteristics of the product, such as its availability, benefits, risks, execution, composition, environmental or ~~social impact,~~ accessories, durability, reparability, reusability, recyclability, after- sale customer assistance and complaint handling, method and date of manufacture or provision, delivery, fitness for purpose, usage, quantity, specification, geographical or commercial origin or the results to be expected from its use, or the results and material features of tests or checks carried out on the product.;

Amendment 184 #

Róża THUN UND HOHENSTEIN, Sandro GOZI, Krzysztof HETMAN, Anne-Sophie PELLETIER, Andrus ANSIP, Morten LØKKEGAARD, David CORMAND, Maria GRAPINI, Leszek MILLER, René REPASI, Claude GRUFFAT, Marcel KOLAJA, Kateřina KONEČNÁ, Malte GALLÉE

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

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

(aa) in paragraph 2, point (c) is replaced by the following: ‘(c) any marketing of a good, in one Member State, ~~as be~~with seemingly identical ~~to a good~~presentation to another good, which is marketed, in other Member States, ~~while that good has significantly~~under the same brand, trademark or designation, while that good presents differentces in composition or characteristics, ~~unless justified by legitimate and objective factors.~~including its sensory profile;’

Amendment 185 #

David CORMAND, Anna CAVAZZINI, Francisco GUERREIRO, Malte GALLÉE

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

(b) in paragraph 2, the following points (d), (e) and (ef) are added:

Amendment 186 #

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~~of a trader based on offsetting schemes or without publicly available, clear, time-bound, objective, quantified, science-based and verifiable commitments and targets, and without an independent monitoring system; accredited in accordance with Regulation (EC) N°765/2008. Commitments and targets shall be complemented by a implementation plan to be updated annually based on economically and technically-viable technologies.

Amendment 187 #

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, such an independent monitoring system can be carried out by consumers who review, provided that it is based on a clear and transparent methodology;

Amendment 188 #

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

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

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

Amendment 189 #

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, evidence- based, objective and verifiable commitments and targets and without an independent monitoring system;

Amendment 190 #

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

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

(e) advertising as a distinctive part of the product benefits for consumers that are considered as a common practice in the relevant market according to Union and national law and public authorities guidelines.

Amendment 191 #

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

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

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

Amendment 192 #

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

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

(e) advertising benefits for consumers that are considered as a common practice in the relevant market, provided it is used as a unique selling point.

Amendment 193 #

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) any designs or practices of dark pattern.

Amendment 194 #

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

Directive 2005/29/EC
Article 7 – paragraph 7

(3) in Article 7, the following paragraph (7) is added: ‘7. which compares products, including through a sustainability information tool, information about the method of comparison, the products which are the object of comparison and the suppliers of those products, as well as the measures in place to keep that information up to date, shall be regarded as material.’;deleted Where a trader provides a service

Amendment 195 #

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

Directive 2005/29/EC
Article 7 – paragraph 7

7. Where a trader provides a service which compares or rates products, including through a sustainability information tool, information about the method of comparison or evaluation, the products which are the object of comparison or rating and the suppliers of those products, as well as the measures in place to keep that information up to date, shall be regarded as material.;

Amendment 196 #

David CORMAND, Anna CAVAZZINI, Francisco GUERREIRO, Malte GALLÉE

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

Directive 2005/29/EC
Article 9 – paragraph 1 – point e a (new)

(3a) In Article 9, the following point is added: ‘(ea) the use of dark patterns.’

Amendment 197 #

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

Directive 2005/29/EC
Article 12 a (new)

(3a) A new Article 12a is added : Article 12a Pre-approval and substantiation of environmental claims, sustainability labels and information tools 1. Member States shall take appropriate measures to ensure that any environmental claim, sustainability label or sustainability information tool put on the market by a trader has been pre- approved based on criteria and minimum requirements established in accordance with Union or national law. Environmental claims shall be based on and substantiated by generally accepted evidence. 2. Appropriate measures shall include the following: (i) Designation of a national competent authority in charge of receiving application for authorization and supporting evidence and take a decision whether to grant the authorization or not; (ii) Notification to the Commission on the applications received and decisions taken by the national competent authority; (iii) where appropriate, request additional information needed for the substantiation of the environmental claim. 3. The Commission shall establish a public registry of permitted environmental claims. Any use of non-permitted environmental claims by a trader shall be regarded as unfair in accordance with Annex I of this Directive. All previous decisions shall have an erga omnes effect to traders using a similar claim. 4. For the purpose of supporting national competent authorities in enforcing the provisions under this Directive, the Commission shall adopt a delegated act to further specify the rules for the preparation and presentation of an authorisation application.

Amendment 198 #

David CORMAND, Anna CAVAZZINI, Francisco GUERREIRO, Malte GALLÉE

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

Directive 2011/83/EU
Article 2 – paragraph 1 – point 3 a

~~(3a) ‘energy-using good’ means any good that depends on energy input (electricity, fossil fuels and renewable energy sources) to work as intended;;~~deleted

Amendment 199 #

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

Directive 2011/83/EU
Article 2 – paragraph 1 – point 3 a

~~(3a) ‘energy-using good’ means any good that depends on energy input (electricity, fossil fuels and renewable energy sources) to work as intended;;~~deleted

Amendment 200 #

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

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

(aa) point 14 is amended as follows: ‘(14) ‘commercial guarantee’ means any undertaking by the trader or a producer (to the ~~guarantor) to the consumer~~consumer, including regarding durability of the product as referred to in Article 17 of Directive (EU) 2019/771, in addition to his legal obligation relating to the guarantee of conformity, to reimburse the price paid or to replace, repair or service goods in any way if they do not meet the specifications or any other requirements not related to conformity set out in the guarantee statement or in the relevant advertising available at the time of, or before the conclusion of the contract;’;

Amendment 201 #

David CORMAND, Anna CAVAZZINI, Francisco GUERREIRO, Malte GALLÉE

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 producer’s commercial guarantee of durability referred to in Article 17 of Directive (EU) 2019/771, under which the producer is directly liable to the consumer during the entire period of that guarantee for repair or replacement of the goods;deleted

Amendment 202 #

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 ~~producer’s~~voluntary commercial guarantee of durability ~~referred to in Article 17 of Directive (EU) 2019/771~~provided by the producer free of charge, under which the producer is directly liable to the consumer during the entire period of that guarantee for repair or replacement of the goods;

Amendment 203 #

David CORMAND, Anna CAVAZZINI, Francisco GUERREIRO, Malte GALLÉE

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

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

(14b) ‘durability’ means ~~dur~~the ability ~~as defined in Article 2, point (13), of Directive (EU) 2019/771~~of a product to function and maintain for a certain period of time its required function and performance under normal conditions of use, maintenance and repair;

Amendment 204 #

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 method established in accordance with Union law;~~deleted

Amendment 205 #

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 to be made known to the consumer when they are purchasing new equipment, expressing the capacity of a good to be repaired, based on a method established in accordance with Union law;

Amendment 206 #

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

(14d) ‘reparability score’ means a score expressing the capacity of a good to be repaired, based on a method established ~~in accordance with~~and harmonised at Union lawevel;

Amendment 207 #

David CORMAND, Anna CAVAZZINI, Francisco GUERREIRO, Malte GALLÉE

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

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

(14e) ‘software update’ means a free update, ~~including~~either a security update or any other functionality or feature update, that is necessary to keep goods with digital elements, digital content and digital services in conformity in accordance with Directives (EU) 2019/770 and (EU) 2019/771; or which improves or reduces their durability;

Amendment 208 #

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

Directive 2011/83/EU
Article 2 – paragraph 1 – point 14e a (new)

(14ea) ‘security update’ means an operating system update, including security patches, if relevant for a given good, whose main purpose is to provide enhanced security for the device or bring it into conformity;

Amendment 209 #

David CORMAND, Anna CAVAZZINI, Francisco GUERREIRO, Malte GALLÉE

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

Directive 2011/83/EU
Article 2 – paragraph 1 – point 14e b (new)

(14eb) ‘functionality update’ means an operating system update that is not necessary to keep the good in conformity and whose main purpose is to improve current functionalities or implement new functionalities;

Amendment 210 #

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

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

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

Amendment 211 #

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

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

(~~e) in addition to~~-a) in paragraph 1, point (e) is replaced by the following: (e) in addition to the guaranteed lifespan label for the goods, digital content and digital services, including as a minimum, a reminder of the existence ~~of a~~and duration of the legal guarantee of conformity ~~for goods~~, the existence and the conditions of after-sales services and commercial guarantees, where applicable;

Amendment 212 #

David CORMAND, Anna CAVAZZINI, Francisco GUERREIRO, Malte GALLÉE

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

(a) the following points (ea) to (ede) are inserted:

Amendment 213 #

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

(a) the ~~following~~ points (ea) ~~to (ed) are insert~~is replaced:

Amendment 214 #

Sandro GOZI, Karen MELCHIOR

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

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

(ea) for all goods, where the producer makes it available, information that the goods benefit from a 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;deleted

Amendment 215 #

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

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

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

Amendment 216 #

David CORMAND, Anna CAVAZZINI, Francisco GUERREIRO, Malte GALLÉE

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

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

(ea) for all goods, ~~where the producer makes it available,~~ information that the goods benefit from a commercial guarantee of durability and its duration in units of time~~, where that guarantee covers the entire good and has a duration of more than two years~~;

Amendment 217 #

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,~~a label indicating the guaranteed lifetime of the good, which should include information ~~tha~~about the ~~goods benefit from a commerci~~duration of the legal guarantee of ~~durabil~~conformity, and ~~its duration in units of time, where that guarantee covers the entire good and has a duration of more than two year~~where applicable, about the existence and duration of a voluntary commercial guarantee of durability by the producer, as well as information about the existence and conditions of after-sales services;

Amendment 218 #

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

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

(ea) for all goods, where the producer makes it available, information that the goods benefit from a commercial guarantee ~~of durability~~ and its duration in units of time, where that guarantee covers the entire good and has a duration of more than two years;

Amendment 219 #

David CORMAND, Anna CAVAZZINI, Francisco GUERREIRO, Malte GALLÉE

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

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

Amendment 220 #

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

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

Amendment 221 #

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

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

Amendment 222 #

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

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

Amendment 223 #

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

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

(eb) for energy-using goods, where the producer does not make available the information referred to in point (ea), information that the producer has not provided information on the existence of a commercial guarantee of ~~durability of~~ more than two years. This information shall be at least as prominent as any other information about the existence and the conditions of after- sales services and commercial guarantees provided in accordance with point (e);

Amendment 224 #

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

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

(eb) for energy-using goods, where the producer does not make available the information referred to in point (ea), information that the producer has not provided information on the existence of a commercial guarantee of durability ~~of more than two years~~. This information shall be at least as prominent as any other information about the existence and the conditions of after-sales services and commercial guarantees provided in accordance with point (e);

Amendment 225 #

David CORMAND, Anna CAVAZZINI, Francisco GUERREIRO, Malte GALLÉE

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

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

(ec) for goods with digital elements, where ~~the producer makes such information avail~~applicable, the minimum period in units of time during which the producer provides software updates, unless the contract provides for a continuous supply of the digital content or digital service over a period of time. Where information about the existence of a commercial guarantee of durability is provided in accordance with point (ea), the information on the updates shall be provided if those updates are supplied for a longer period than the commercial guarantee of durability;

Amendment 226 #

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

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

(ec) for goods with digital elements, ~~where the producer makes such information available, the minimum perio~~the minimum period, starting at the time of purchase, stated in units of time during which the producer provides software updates, unless the contract provides for a continuous supply of the digital content or digital service over a period of time. Where information about the existence of a commercial guarantee of durability is provided in accordance with point (ea), the information on the updates shall be provided if those updates are supplied for a longer period than the commercial guarantee of durabilityincluding the mandatory period foreseen under relevant Union law;

Amendment 227 #

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

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

(ec) for goods with digital elements, ~~where the producer makes such information available,~~ the minimum period in units of time during which the producer provides software updates, unless the contract provides for a continuous supply of the digital content or digital service over a period of time. Where information about the existence of a commercial guarantee of durability is provided in accordance with point (ea), the information on the updates shall be provided if those updatesincluding, as a minimum, the mandatory period for which the updates shall be provided in accordance with Directive (EU) 2019/771, and taking into account the information that the seller was able to collect from the producer in a re ~~supplied for a longer period than the commercial guarantee of durability~~asonable and proportionate manner;

Amendment 228 #

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

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

(ec) for goods with digital elements, where the producer makes such information available, the minimum period in units of time during which the producer ~~provides~~intends to provide necessary software updates, unless the contract provides for a continuous supply of the digital content or digital service over a period of time. Where information about the existence of a commercial guarantee of durability is provided in accordance with point (ea), the information on the updates shall be provided if those updates are supplied for a longer period than the commercial guarantee of durability;

Amendment 229 #

David CORMAND, Anna CAVAZZINI, Francisco GUERREIRO, Malte GALLÉE

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

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

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

Amendment 230 #

Arba KOKALARI

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

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

(ed) for digital content and digital services, where their provider is different from the trader and makes such information available, the minimum period in units of time during which the provider ~~provides~~intends to provide necessary software updates, unless the contract provides for a continuous supply of the digital content or digital service over a period of time;

Amendment 231 #

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

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

(ed) for digital content and digital services, where their provider is different from the trader ~~and makes such information available, the minimum perio~~, the minimum period, starting at the time of purchase, stated in units of time during which the provider provides software updates, ~~unless the contract provides for a continuous supply of the digital content or digital service over a period of time~~including the mandatory period of time foreseen under relevant Union law;

Amendment 232 #

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

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

(ed) for digital content and digital services, where their provider ~~is different from the trader and~~ makes such information available, the reasonably expected minimum period in units of time during which the provider provides software updates, unless the contract provides for a continuous supply of the digital content or digital service over a period of time;

Amendment 233 #

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

Directive 2011/83/EU
Article 5 – paragraph 1 – point ed a (new)

(eda) The manufacturer of the product shall provide the relevant information on sustainable consumption choices to all other traders interacting with the customers for the purpose of delivering such an information to customers. The traders who do not act as the manufacturers of the product shall be responsible for presenting all required information. The manufacturer shall be responsible for the accuracy and correctness of the information unless it concerns an obvious or otherwise easy to discover false claim for a diligent economic operator.

Amendment 234 #

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

Directive 2011/83/EU
Article 5 – paragraph 1 – point ed a (new)

(eda) The producer shall make available the information referred to in paragraph 1(ea), 1(eb) 1(ec) and 1(ed) to the trader. The producer shall make reasonable efforts to inform the trader of any changes or updates thereof. Where the producer does not make available the information or fails to inform the trader of any changes or updates, the trader shall not be held liable for failing to comply with paragraph 1(ea), 1(eb) 1(ec) and 1(ed).

Amendment 235 #

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

(b) the following point~~s (i) and~~ (j) ~~are~~is added:

Amendment 236 #

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 for the goods;~~deleted

Amendment 237 #

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 and where the provider makes such information available, the reparability score for the goods;

Amendment 238 #

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

Directive 2011/83/EU
Article 5 – paragraph 1 – point i a (new)

(ia) where the producer does not make available the information referred to in point (i), information that the producer has not provided information on the reparability score. This information shall be displayed in a prominent way;

Amendment 239 #

David CORMAND, Anna CAVAZZINI, Francisco GUERREIRO, Malte GALLÉE

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

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

(j) when point (i) is not applicable, information ~~made available~~provided by the producer about the availability ~~of spare parts, including the procedure of ordering them, and about the availability of a user and repair manual.;~~ and sale price of spare parts in relation to the price of new equipment, including the procedure of ordering them, information about the disassembly of and access to parts, the length of availability on the market of spare parts and delivery times, and about the availability of a user and repair manual: when this information is not provided by the producer, the consumer shall be informed thereof; support shall be provided to small and medium-sized enterprises to enable them to provide such information;

Amendment 240 #

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

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

(j) when point (i) is not applicable, information made available by the producer about the availability of spare parts, including the period during which they shall be available and the procedure of ordering them, ~~and about~~their price, the availability of a user and repair manual. as well as availability and access to diagnosis and repair tools. When this information is not provided by the producer, the consumer shall be informed thereof;

Amendment 241 #

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

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

(j) when point (i) is not applicable, information made available 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, where this is required by product-specific legislation.;

Amendment 242 #

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~~applicable and relevant, 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.;

Amendment 243 #

David CORMAND, Anna CAVAZZINI, Francisco GUERREIRO, Malte GALLÉE

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

Directive 2011/83/EU
Article 5 – paragraph 1 – point j a (new)

(ja) where applicable, the information that the producer makes it possible, and provides access to the third party producers to information that facilitates manufacturing of replacement parts.

Amendment 244 #

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

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

(-a) point (g) is replaced by the following: ‘(g) the arrangements for payment, delivery, performance, the time by which the trader undertakes to deliver the goods or to perform the services, the environmental impact of the delivery and the existence of more sustainable delivery options and, where applicable, the trader’s complaint handling policy;’;

Amendment 245 #

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

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

(~~l) a reminder of the existence of a legal guarantee of conformity for goods, digital content and digital services;~~ -a) in paragraph 1, point (l) is replaced by the following: ‘(l) 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 246 #

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

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

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

Amendment 247 #

David CORMAND, Anna CAVAZZINI, Francisco GUERREIRO, Malte GALLÉE

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

(a) the following points (ma) to (mde) are inserted:

Amendment 248 #

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

(a) ~~the following~~ points (~~ma) to (md) are insert~~l) is replaced:

Amendment 249 #

Sandro GOZI, Karen MELCHIOR

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

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

(ma) for all types of goods, where the producer makes it available, information that the goods benefit from a 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;deleted

Amendment 250 #

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

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

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

Amendment 251 #

David CORMAND, Anna CAVAZZINI, Francisco GUERREIRO, Malte GALLÉE

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,~~a label indicating the guaranteed lifetime of the good, which should include information ~~tha~~about the ~~goods benefit from a commerci~~duration of the legal guarantee of ~~durabil~~conformity, and ~~its duration in units of time, where that guarantee covers the entire good and has a duration of more than two year~~where applicable, about the existence and duration of a voluntary commercial guarantee of durability by the producer, as well as information about the existence and conditions of after-sales services;

Amendment 252 #

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

(ma) for all types of goods, where the producer makes it available, information that the goods benefit from a commercial guarantee of durability and its duration ~~in units of tim~~expected under normal use in units of time in operating hours or in cycles of use, where that guarantee covers the entire good and has a duration of more than two years;

Amendment 253 #

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

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

(ma) for all types of goods, ~~where the producer makes it available,~~ information that the goods benefit from a commercial guarantee of durability and its duration in units of time, where that guarantee covers the entire good and has a duration of more than two years;

Amendment 254 #

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

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

(ma) for all types of goods, where the producer makes it available, information that the goods benefit from a commercial guarantee ~~of durability~~ and its duration in units of time, where that guarantee covers the entire good and has a duration of more than two years;

Amendment 255 #

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

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

Amendment 256 #

David CORMAND, Anna CAVAZZINI, Francisco GUERREIRO, Malte GALLÉE

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

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

Amendment 257 #

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

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

Amendment 258 #

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

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

(mb) for energy-using goods, where the producer does not make available information referred to in point (ma), information that the producer has not provided information on the existence of a commercial guarantee of ~~durability of~~ more than two years. This information shall be at least as prominent as any other information about the existence and the conditions of after- sales services and commercial guarantees provided in accordance with point (m);

Amendment 259 #

David CORMAND, Anna CAVAZZINI, Francisco GUERREIRO, Malte GALLÉE

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 avail~~applicable, the minimum period in units of time during which the producer provides software updates, unless the contract provides for a continuous supply of the digital content or digital service over a period of time. Where information about the existence of a commercial guarantee of durability is provided in accordance with point (ma), the information on the updates shall be provided if those updates are supplied for a longer period than the commercial guarantee of durabilityvider provides software updates;

Amendment 260 #

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

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

(mc) for goods with digital elements, ~~where the producer makes such information available,~~ the minimum period in units of time during which the producer provides software updates, unless the contract provides for a continuous supply of the digital content or digital service over a period of time. Where information about the existence of a commercial guarantee of durability is provided in accordance with point (ma), the information on the updates shall be provided if those updates are supplied for a longer period than the commercial guarantee of durability;including the mandatory period of time foreseen under relevant EU legislation.

Amendment 261 #

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

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

(mc) for goods with digital elements, ~~where the producer makes such information available,~~ the minimum period in units of time during which the producer provides software updates, unless the contract provides for a continuous supply of the digital content or digital service over a period of time. Where information about the existence of a commercial guarantee of durability is provided in accordance with point (ma), the information on the updates shall be provided if those updatesincluding, as a minimum, the mandatory period for which the updates shall be provided in accordance with Directive (EU) 2019/771, and taking into account the information that the seller was able to collect from the producer in a re ~~supplied for a longer period than the commercial guarantee of durability~~asonable and proportionate manner;

Amendment 262 #

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 necessary software updates, unless the contract provides for a continuous supply of the digital content or digital service over a period of time. Where information about the existence of a commercial guarantee of durability is provided in accordance with point (ma), the information on the updates shall be provided if those updates are supplied for a longer period than the commercial guarantee of durability;

Amendment 263 #

David CORMAND, Anna CAVAZZINI, Francisco GUERREIRO, Malte GALLÉE

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

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

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

Amendment 264 #

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

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

Amendment 265 #

Arba KOKALARI

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

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

(md) for digital content and digital services, where their provider is different from the trader and makes such information available, the minimum period in units of time during which the provider ~~provides~~intends to provide necessary software updates, unless the contract provides for a continuous supply of the digital content or digital service over a period of time;

Amendment 266 #

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

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

(md) for digital content and digital services, where their provider ~~is different from the trader and~~ makes such information available, the reasonably expected minimum period in units of time during which the provider provides software updates, unless the contract provides for a continuous supply of the digital content or digital service over a period of time;

Amendment 267 #

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

Directive 2011/83/EU
Article 6 – paragraph 1 – point md a (new)

(mda) The manufacturer of the product shall provide the relevant information on sustainable consumption choices to all other traders interacting with the customers for the purpose of delivering such an information to customers. The traders who do not act as the manufacturers of the product shall be responsible for presenting all required information. The manufacturer shall be responsible for the accuracy and correctness of the information unless it concerns an obvious or otherwise easy to discover false claim for a diligent economic operator.

Amendment 268 #

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

Directive 2011/83/EU
Article 6 – paragraph 1 – point md a (new)

(mda) The producer shall make available the information referred to in paragraph 1(ea), 1(eb) 1(ec) and 1(ed) to the trader. The producer shall make reasonable efforts to inform the trader of any changes or updates thereof. Where the producer does not make available the information or fails to inform the trader of any changes or updates, the trader shall not be held liable for failing to comply with paragraph 1(ea), 1(eb) 1(ec) and 1(ed).

Amendment 269 #

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

(b) the following point~~s (u) and~~ (v) ~~are~~is added:

Amendment 270 #

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 for the goods;~~deleted

Amendment 271 #

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 for the goods, including information on the availability of spare part and their cost;

Amendment 272 #

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, and where the provider makes such information available the reparability score for the goods;

Amendment 273 #

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

Directive 2011/83/EU
Article 6 – paragraph 1 – point u a (new)

(ua) where the producer does not make available the information referred to in point (u), information that the producer has not provided information on the reparability score. This information shall be displayed in a prominent way.

Amendment 274 #

David CORMAND, Anna CAVAZZINI, Francisco GUERREIRO, Malte GALLÉE

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

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

(v) when point (u) is not applicable, information ~~made available~~provided by the producer about the availability ~~of spare parts, including the procedure of ordering them, and about the availability of a user and repair manual.~~and sale price of spare parts in relation to the price of new equipment, including the procedure of ordering them, information about the disassembly of and access to parts, the length of availability on the market of spare parts and delivery times, and about the availability of a user and repair manual; when this information is not provided by the producer, the consumer shall be informed thereof; support shall be provided to small and medium-sized enterprises to enable them to provide such information;

Amendment 275 #

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

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

(v) when point (u) is not applicable, information ~~made available by the producer~~ about the availability of spare parts, including the period during which they shall be available and the procedure of ordering them, ~~and about~~their price, the availability of a user and repair manual.; as well as availability and access to diagnosis and repair tools. When this information is not provided by the producer, the consumer shall be informed thereof

Amendment 276 #

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

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

(v) when point (u) is not applicable, information made available 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, where this is required by product-specific legislation.;

Amendment 277 #

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

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

(v) when point (u) is not applicable, information made available by the producer about the availability of spare parts and their cost, including the procedure of ordering them, and about the availability of a user and repair manual.;

Amendment 278 #

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~~applicable and relevant, 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.;

Amendment 279 #

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

Directive 2011/83/EU
Article 6 – paragraph 1 – point v a (new)

(va) where applicable, the information that the producer makes it possible, and provides access to the third party producers to information that facilitates manufacturing of replacement parts.

Amendment 280 #

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

Directive 2011/83/EU
Article 6 – paragraph 1 – point v a (new)

(va) the place where the goods shall, where applicable, be returned to by the customer.

Amendment 281 #

Proposal for a directive
Article 2 – paragraph 1 – point 4 a (new)

Directive 2011/83/EU
Article 11 a (new)

(4a) Article 11a is inserted: (1) With respect to distance contracts where it is made possible for the consumer to conclude a contract via a website or a mobile application and the consumer assumes the obligation to pay a price, the trader shall additionally ensure that the consumer can withdraw from the contract on that same website or via that mobile application by activating a button or via a similar function. (2) The button or similar function shall be labelled in an easily legible manner only with the words "withdraw from contracts here" or a corresponding unambiguous formulation. The button shall lead the consumer directly to a confirmation page which 1. invites and enables the consumer to provide information which (a) enables his unambiguous identification (b) unambiguously identifies the contract to which the withdrawal applies (c) enables the confirmation of withdrawal to be sent to him swiftly by electronic means and 2. contains a confirmation button labelled in an easily legible manner only with the words "withdraw now" or a corresponding unambiguous formulation and which the consumer may activate in order to submit the declaration of withdrawal. (3) The button and confirmation page shall be permanently available and directly and easily accessible. (4) The consumer shall be able to store the declaration of withdrawal, submitted by activating the confirmation button or via a similar function, including the date and time of its submission, on a durable medium and in a way that makes it clear that the declaration of withdrawal was submitted by activating the confirmation button or via a similar function. (5) The trader shall immediately confirm to the consumer the content of the declaration of withdrawal, as well as the date and time of its receipt, on a durable medium. (6) Where the buttons and confirmation page are not made available in accordance with paragraphs (1) to (3), a consumer may withdraw from the distance contract concluded by electronic means after the end of the withdrawal period in accordance with Article 9(2) or Article 16b(1)1a, respectively. The withdrawal period shall then expire [x days/months] after the end of the original withdrawal period in accordance with Article 9(2) or Article 16b(1), respectively. __________________ 1a To be introduced by DMFSD.

Amendment 282 #

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

Proposal for a directive
Article 3 – paragraph 1

By [5 years from adoption], the Commission shall submit a report on the application of this Directive to the European Parliament and to the Council. That report shall contain an assessment if the Directive contributed to the removal of the non-tariff barriers to the trade of sustainable products and services in the internal market and achieved the objective of enhancing the protection of consumers against unfair commercial practices and misleading advertising of products advertised as sustainable as well as a summary of positive and negative effects on businesses, and in particular on small and medium-sized enterprises.

Amendment 283 #

Proposal for a directive
Article 3 – paragraph 1

By [5 years from adoption], the Commission shall submit a report on the application of this Directive to the European Parliament and to the Council. The Commission shall assess the necessity for developing and introducing mandatory labelling on the estimated lifetime and reparability of a product, which could take the form of an environmental performance index, taking into account multiple criteria throughout the life cycle of products according to product category.

Amendment 284 #

Proposal for a directive
Article 3 – paragraph 1

By [53 years from adoption], the Commission shall submit a report on the application of this Directive to the European Parliament and to the Council.

Amendment 285 #

Proposal for a directive
Article 4 – paragraph 1 – subparagraph 1

Member States shall adopt and publish by [182 months from adoption] at the latest, the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of those provisions.

Amendment 286 #

David CORMAND, Anna CAVAZZINI, Francisco GUERREIRO, Malte GALLÉE

Proposal for a directive
Article 4 – paragraph 1 – subparagraph 1

Member States shall adopt and publish by [1824 months from adoption] at the latest, the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of those provisions.

Amendment 287 #

Proposal for a directive
Article 4 – paragraph 1 – subparagraph 1

Amendment 288 #

Proposal for a directive
Article 4 – paragraph 1 – subparagraph 2

They shall apply those provisions from [2418 months from adoption].

Amendment 289 #

David CORMAND, Anna CAVAZZINI, Francisco GUERREIRO, Malte GALLÉE

Proposal for a directive
Article 4 – paragraph 1 – subparagraph 2

They shall apply those provisions from [2430 months from adoption].

Amendment 290 #

Proposal for a directive
Article 4 – paragraph 1 – subparagraph 2

They shall apply those provisions from [2418 months from adoption].

Amendment 291 #

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

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

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

Amendment 292 #

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

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

2a. Displaying a sustainability label which is not based on a certification scheme or not established by public authorities or well-established Non- Governmental Organisation; or standards organisation.;

Amendment 293 #

David CORMAND, Anna CAVAZZINI, Francisco GUERREIRO, Malte GALLÉE

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

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

2a. Displaying a sustainability label which iwas not ~~bas~~pre-approved onby a ~~certification scheme or~~national or European authority and not established by public authorities.;

Amendment 294 #

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

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

2a. Displaying a sustainability label which iwas not ~~bas~~pre-approved onby a ~~certification scheme or not established by public~~national or EU authorit~~ies~~y.;

Amendment 295 #

David CORMAND, Anna CAVAZZINI, Francisco GUERREIRO, Malte GALLÉE

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

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

2b. Displaying a sustainability information or comparison tool that was not pre-approved by a national or EU authority;

Amendment 296 #

David CORMAND, Anna CAVAZZINI, Francisco GUERREIRO, Malte GALLÉE

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

(2) the following points 4a ~~and~~to 4bh are inserted:

Amendment 297 #

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

(2) the following points 4a ~~and~~to 4bc are inserted:

Amendment 298 #

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 that does refer to recognised excellent environmental performance and for which the trader idoes not ~~able to demonstrat~~provide evidence of the recognised excellent environmental performance relevant to the claim.

Amendment 299 #

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~~vague or non-specific environmental claim.

Amendment 300 #

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

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

4aa. Making a generic social impact claim.;

Amendment 301 #

David CORMAND, Anna CAVAZZINI, Francisco GUERREIRO, Malte GALLÉE

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 when it actually concerns only a certain aspect of the product and which overall value for the environment does not exceed other elements of the product.;

Amendment 302 #

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

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

Amendment 303 #

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

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

4ba. Making a generic environmental claim that does not refer to recognised excellent environmental performance and for which 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 304 #

David CORMAND, Anna CAVAZZINI, Francisco GUERREIRO, Malte GALLÉE

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

Directive2005/29/EC
Annex I – point 4b a (new)

4ba. Claiming that a good or a service has a neutral or positive greenhouse gas emissions’ impact on the environment.

Amendment 305 #

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

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

4ba. Claiming that a good or a service has a neutral or positive greenhouse gas emissions’ impact on the environment;

Amendment 306 #

David CORMAND, Anna CAVAZZINI, Francisco GUERREIRO, Malte GALLÉE

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

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

4bb. Making an environmental claim in relation to a product or service that promotes fossil fuels or highly polluting industries;

Amendment 307 #

David CORMAND, Anna CAVAZZINI, Francisco GUERREIRO, Malte GALLÉE

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

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

4bc. Making an environmental claim that was not pre-approved in accordance with the minimum requirements established in accordance with national or Union law;

Amendment 308 #

David CORMAND, Anna CAVAZZINI, Francisco GUERREIRO, Malte GALLÉE

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

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

4bd. Making an environmental claim related to future environmental performance at the level of a product;

Amendment 309 #

David CORMAND, Anna CAVAZZINI, Francisco GUERREIRO, Malte GALLÉE

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

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

4be. Making a generic social claim;

Amendment 310 #

David CORMAND, Anna CAVAZZINI, Francisco GUERREIRO, Malte GALLÉE

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

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

4bf. Claiming that a product is biodegradable and omitting to inform the consumer about the conditions under which biodegradability can be achieved based on recognised standards;

Amendment 311 #

Proposal for a directive
Annex I – paragraph 1 – point 2 a (new)

Directive 2005/29/EC
Annex I – point 7 a (new)

(2a) the following point 7a is inserted: 7a. Falsely stating that a product will only be available in limited qualities, in order to elicit an immediate decision and deprive consumers of sufficient opportunity or time to make an informed choice.

Amendment 312 #

David CORMAND, Anna CAVAZZINI, Francisco GUERREIRO, Malte GALLÉE

Proposal for a directive
Annex I – paragraph 1 – point 2 b (new)

Directive 2005/29/EC
Annex I – point 7 b (new)

(2b) The following points 7b (i) to (v) are inserted: 7b. Specifically, the use of any of the following practices of dark pattern: (i) giving more visual prominence to any of the consent options when asking the recipient of an online service for a decision; (ii) installation wherein clicking a button leads to a different result than normally expected; (iii) installation wherein selections have already been taken, especially with check marks set; (iv) making the procedure of terminating a service significantly more cumbersome than signing up to it; or (v) direct display of fake reviews or the supposed behaviour of others.

Amendment 313 #

Róża THUN UND HOHENSTEIN, Krzysztof HETMAN, Anne-Sophie PELLETIER, Andrus ANSIP, Morten LØKKEGAARD, David CORMAND, Maria GRAPINI, Leszek MILLER, René REPASI, Claude GRUFFAT, Marcel KOLAJA, Kateřina KONEČNÁ, Malte GALLÉE, Sandro GOZI

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

Directive 2005/29/EC
Annex I – point 13 a (new)

(3a) the following point 13a is inserted: 13a. Any marketing of a good as being identical or seemingly identical to the other good marketed in one or various Member State, while those goods have different composition or characteristics which have not been clearly marked on the packaging, so as to be visible to the consumer.

Amendment 314 #

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

(4) the following points 23d to 23im are inserted:

Amendment 315 #

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

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

23d. Omitting to inform the consumer that a mandatory software update will have reasonably predictable consequences and as a result 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 316 #

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

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

Amendment 317 #

David CORMAND, Anna CAVAZZINI, Francisco GUERREIRO, Malte GALLÉE

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

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

Amendment 318 #

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

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

23d. O~~mitting to inform the consumer that~~ffering a software update that 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 319 #

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

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

23d. ~~Omitting to inform the consumer that~~Imposing a software update that will negatively impact the use of goods with digital elements or certain feature of those goods even if the software update improves the function of other features.

Amendment 320 #

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

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

23da. Failing to inform the consumer of the actual price of a product which has a component or element that needs to be replaced regularly (printer ink cartridge, battery, etc.).

Amendment 321 #

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

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

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

23db. Manufacturers not providing, free of charge, the updates needed to keep the good in conformity for a period corresponding to the estimated lifespan.

Amendment 322 #

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

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

23e. ~~Omitting to inform the consumer about the existence of a feature of a good introduced~~Introducing a feature to limit ~~its~~the durability of a good.

Amendment 323 #

David CORMAND, Anna CAVAZZINI, Francisco GUERREIRO, Malte GALLÉE

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

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

23e. ~~Omitting to inform the consumer about the existence of a feature of a good introduced~~Introducing a feature to limit ~~its~~the durability of a good.

Amendment 324 #

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

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

23e. Omitting to inform the consumer about the existence of a feature of a good intentionally introduced to limit its durability.

Amendment 325 #

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

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

23e. ~~Omitting to inform the consumer about the existence of a feature of a good introduced to~~Introducing a feature that limit ~~its~~s the durability of a product.

Amendment 326 #

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

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

23ea. Any marketing of a good where the trader is aware that this product has a feature introduced to limit its durability.

Amendment 327 #

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

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

23f. Claiming that a good has a certain durability in terms of usage time or intensity when it evidently does not.

Amendment 328 #

David CORMAND, Anna CAVAZZINI, Francisco GUERREIRO, Malte GALLÉE

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

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

23g. Presenting goods as allowing repair when they do not or omitting to inform the consumer that goods do not allow repair in accordance with legal requirements or failing to inform that these goods are repairable.

Amendment 329 #

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

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

23g. Presenting goods ~~as allowing repair when they do not or omitting to inform the consumer that goods~~that do not allow repair in accordance with legal requirements.

Amendment 330 #

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

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

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

Amendment 331 #

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

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

23g. Presenting goods as allowing repair when they do not or repair is significantly hindered, or omitting to inform the consumer that goods do not allow repair in accordance with legal requirements.

Amendment 332 #

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, expect for precautions to ensure the appropriate levels of hygiene, safety and performance of a good.

Amendment 333 #

David CORMAND, Anna CAVAZZINI, Francisco GUERREIRO, Malte GALLÉE

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

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

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

Amendment 334 #

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

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

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

Amendment 335 #

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

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

23ha. The person responsible for placing a product on the market employing stratagems seeking to reduce its lifespan and encourage the consumer to buy a one.

Amendment 336 #

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

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

23i. ~~Omitting to inform that a good~~Marketing a product that is designed to limit its functionality when using consumables, spare parts or accessories that are not provided by the original producer. 23j. Engaging in practices that lead to shortening a product’s lifespan and stimulate the purchase of a new product. 23k. Marketing a product which is not compliant with the requirements under the Ecodesign Directive. 23l. Marketing a product without fixing a design issue that leads to an early failure of this product, within a reasonable time after it became known. 23m. Bundling security updates with functionality, feature or other software updates.

Amendment 337 #

David CORMAND, Anna CAVAZZINI, Francisco GUERREIRO, Malte GALLÉE

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

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

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

Amendment 338 #

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

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

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

Amendment 339 #

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

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

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

Amendment 340 #

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

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

23ia. Offering by the same producer or trader of disadvantageous terms or of a shorter period of commercial guarantee for the same product in one or more Member States resulting in a disadvantageous situation when comparing the situations in different Member States.

Amendment 341 #

David CORMAND, Anna CAVAZZINI, Francisco GUERREIRO, Malte GALLÉE

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

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

23ia. Any marketing of a good, which is not compliant with the requirements under the Union products legislation.

Amendment 342 #

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

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

23ia. Engaging in practices that lead to shortening of a product’s lifespan

Amendment 343 #

David CORMAND, Anna CAVAZZINI, Francisco GUERREIRO, Malte GALLÉE

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

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

23ib. Any marketing of 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 344 #

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

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

23ib. Marketing a good without fixing a known design issue that leads to an early failure of the good in question;

Amendment 345 #

David CORMAND, Anna CAVAZZINI, Francisco GUERREIRO, Malte GALLÉE

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

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

23ic. Bundling security updates with functionality, feature or other software updates.

Amendment 346 #

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

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

23ic. Supplying security updates together with functionality updates or other software updates;

Amendment 347 #

David CORMAND, Anna CAVAZZINI, Francisco GUERREIRO, Malte GALLÉE

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

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

23id. Marketing a good that is not compliant with ecodesign requirements set in Regulation EU [Ecodesign for Sustainable Products]

Amendment 348 #

Proposal for a directive
Annex I – paragraph 1 – point 4 a (new)

Directive 2005/29/EC
Annex I – point 31 a (new)

(4a) the following point 31 a is added: 31a. repeated (aggressive) request to perform a certain action ("nagging").

Amendment 61 #

Proposal for a directive
Recital -1 (new)

(-1) Consumers can often be harmed and lured by false environmental claims, greenwashing and deceptive practices in their purchases, which is a serious problem in terms of consumer protection that must be addressed at a European level.

Amendment 62 #

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, 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. Companies also have a role to play in promoting a green transition and greater sustainability of the products they produce and sell on the internal market, by respecting the environment and being transparent in their business practices all along their value chains.

Amendment 63 #

David CORMAND, Anna CAVAZZINI, Francisco GUERREIRO, Malte GALLÉE

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, consumers will be able to choose products that are genuinely better for the environment than competing products. This will encourage competition towards more environmentally sustainable products, thus reducing negative impact on the environment. To enable sustainable consumption choices, the products offered must be competitive, particularly in terms of their price compared to similar non- sustainable products.

Amendment 64 #

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 or false environmental claims (“greenwashing”), non-transparent, non-certified 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 reliable and fair, consumers will be able to choose products that are genuinely better for the environment than competing products. This will encourage competition towards more environmentally sustainable products, thus reducing negative impact on the environment.

Amendment 65 #

David CORMAND, Anna CAVAZZINI, Francisco GUERREIRO, Malte GALLÉE

Proposal for a directive
Recital 1

Amendment 66 #

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. This includes statements such as “fairly produced”, “sustainable sound production”, "socially just". Making generic social claim should therefore be added to the Annex I of this Directive.

Amendment 67 #

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, dur~~durability, reusability, recyclability 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.~~

Amendment 68 #

David CORMAND, Anna CAVAZZINI, Francisco GUERREIRO, Malte GALLÉE

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 orand 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, origin of the product, charity contributions or animal welfare, should not mislead consumers either and shall be detailed in Article 6(1) of Directive 2005/29/EC.

Amendment 69 #

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. In the same vein, fossil fuel advertising suggests absolute environmental benefit of fossil fuels that are likely to be understood as factual statements by consumers whereas this is misleading. 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 based on offsetting schemes or when they are not supported by clear, objective and verifiable commitments and targets given by the trader~~. S~~ as well as complemented by a realistic implementation plan to achieve this future environmental performance through the establishment of interim targets, based on existent and economically viable technologies, and allocation of sufficient resources. Those plans should be made publicly available and regularly reviewed and updated. Traders relying on such claims should also be supported by an accredited independent monitoring system to monitor the progress of the ~~trader~~implementation plan with regard to the commitments and targets.

Amendment 70 #

Proposal for a directive
Recital 4

Amendment 71 #

Proposal for a directive
Recital 6

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

Amendment 72 #

Proposal for a directive
Recital 6

(6) Comparing products based on their environmental or social aspects, including through the use of sustainability information tools, is an increasingly common marketing technique that could be misleading to consumers, who are not always able to assess the reliability of these information. 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 73 #

David CORMAND, Anna CAVAZZINI, Francisco GUERREIRO, Malte GALLÉE

Proposal for a directive
Recital 6

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

Amendment 74 #

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~~, comparison and information tools which were not pre-approved by a national or an EU authorit~~ies~~y should be prohibited by including such practices in the list in Annex I to Directive 2005/29/EC. The certification scheme should fulfil minimum transparency and credibility conditions. The displaying of sustainability labels remains possible without a certification scheme where such labels are established by a public authority, or in case of additional forms of expression and presentation of food in accordance with Article 35 of Regulation (EU) No 1169/2011Such pre-approval of sustainability label, comparison and information tools should be subject to minimum requirements such as publicly available award criteria, developed through independent processes and going beyond what is required by EU legislation, impartial control procedures through accredited third-party verification schemes; accessibility and affordability for all market players, transparency for consumers on both processes and decision-taking; scientific robustness and stakeholder relevance, availability of compliance and dispute resolution mechanisms, regular review and update of award criteria. In case a sustainability label or an information and comparison tool concerns one environmental aspect of a product or service, this should be clearly displayed to consumers. All pre-approved sustainability labels and information and comparison tools should be registered in a database available to the public. Sustainability labels established by public authorities should not undergo a pre- approval procedure. This rule complements point 4 of Annex I to Directive 2005/29/EC which prohibits claiming that a trader, the commercial practices of a trader, or a product has been approved, endorsed or authorised by a public or private body when it has not, or making such a claim without complying with the terms of the approval, endorsement or authorisation.

Amendment 75 #

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~~or sustainability information tools which were not pre-approved by a European or national authorit~~ies~~y should be prohibited by including such practices in the list in Annex I to Directive 2005/29/EC. The certification scheme should fulfil minimum transparency and credibility conditions. The displaying of sustainability labels remains possible without a certification scheme where such labels are establishPre-approval of a sustainability label or a sustainability information tool, by a national or a European authority, shall be subject to the mutual recognition by all Member states and require compliance with the minimum requirements defined by the European Commission by means of a delegated act. If a label or a sustainability information tool is focused on one environmental aspect only, this should be clearly and prominently communicated to consumers. For the sake of transparency, all pre-approved sustainability labels and sustainability information tools shall be included byin a public ~~authority, or in case of additional forms of expression and presentation of food in accordance with Article 35 of Regulation (EU) No 1169/2011~~ly available register, accessible to all and regularly updated by the European and national authorities. Sustainability labels established by public authorities shall be exempted from the pre-approval requirement. This rule complements point 4 of Annex I to Directive 2005/29/EC which prohibits claiming that a trader, the commercial practices of a trader, or a product has been approved, endorsed or authorised by a public or private body when it has not, or making such a claim without complying with the terms of the approval, endorsement or authorisation.

Amendment 76 #

Proposal for a directive
Recital 7

(7) The displaying of sustainability labels which are not based on a certification scheme or not established by public authorities should be prohibited by including such practices in the list in Annex I to Directive 2005/29/EC. The certification scheme should fulfil minimum transparency and credibility conditions and be supported by methods to monitor compliance that are proportionate and relevant to the nature of the products, processes, or businesses that are subject to the scheme. The displaying of sustainability labels remains possible without a certification scheme where such labels are established by a public authority, or in case of additional forms of expression and presentation of food in accordance with Article 35 of Regulation (EU) No 1169/2011. This rule complements point 4 of Annex I to Directive 2005/29/EC which prohibits claiming that a trader, the commercial practices of a trader, or a product has been approved, endorsed or authorised by a public or private body when it has not, or making such a claim without complying with the terms of the approval, endorsement or authorisation.

Amendment 77 #

David CORMAND, Anna CAVAZZINI, Francisco GUERREIRO, Malte GALLÉE

Proposal for a directive
Recital 7 a (new)

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

Amendment 78 #

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’, 'natural', 'animal-friendly', 'cruelty-free', 'sustainable', ‘ecological’, ‘environmentally correct’, ‘climate friendly’, ‘gentle on the environment’, 'deforestation-free', ‘carbon friendly’, ‘carbon neutral’, ‘carbon positive’, ‘carbon-proof certified’, ‘carbon neutral certified’, ‘climate neutral’, ‘energy efficient’, ‘biodegradable’, ‘plastic neutral’, ‘plastic-free’, ‘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~~re is no excellent environmental performance demonstrated or whenever the specification of the claim~~y are based on offsetting of environmental impacts such as purchase of carbon or plastic credits, or whenever there is no excellent environmental performance demonstrated or whenever the specification of the claim, based on scientific and objective methodologies such as the Product Environmental Footprint set out in the Commission Recommendation(EU)2021/2279 or equivalent methods established under Union or national law, 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’, referr~~This is particularly important to prohibit claims suggesting tohat a product~~, would be a generic claim, whilst claiming~~ or service has a neutral or positive carbon emissions’ impact on the environment in the sense that ‘the ~~packaging is biodegradable through home composting in one month’ would be a specific claim, which does not fall under this prohibition~~y mislead consumers by making them believe that the product they buy has no impact on the environment while it cannot be substantiated by scientific evidence.

Amendment 79 #

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’, ‘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 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. Where space limitations on the same medium exist, it should be possible to provide the specification through digital means. 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. It should not be considered a generic environmental claim or a sustainability label when an aggregator program, a filtering functionality, badges or visual representations in online selling interfaces provide consumers the possibility to access or to filter for products or services that are covered by sustainability labels or certification schemes.

Amendment 80 #

Proposal for a directive
Recital 9

Amendment 81 #

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~~vague or non-specific environmental claim.s Examples of such ~~gener~~vague or non- specific 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’, ‘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 ~~gener~~vague or non-specific environmental claims should be prohibited 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 or through digital means, 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 ~~gener~~vague or non-specific 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.

Amendment 82 #

Proposal for a directive
Recital 9 a (new)

(9a) Annex I to Directive 2005/29/EC should also be amended to prohibit making claims that a good or a service 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’ or similar statements. Such claims implying carbon emissions’ neutrality to consumers should be prohibited as they are impossible to substantiate from a scientifically point of view. They should be also prohibited if displayed to consumers in the form of a sustainability label.

Amendment 83 #

Proposal for a directive
Recital 10

(10) E~~xcellent e~~nvironmental performance can be demonstrated by compliance with Regulation (EC) No 66/2010 of the European Parliament and of the Council22 , or officially recognised 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~~recognised environmental performance that corresponds with the two highest significantly populated classes of energy efficiency 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 ~~gener~~vague or non-specific 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 European Parliament and of the Council of 25 November 2009 on the EU Ecolabel (Text with EEA relevance) (OJ L 27, 30.1.2010, p. 1). 23 Regulation (EU) 2017/1369 of the European Parliament and of the Council of 4 July 2017 setting a framework for energy labelling and repealing Directive 2010/30/EU (OJ L 198, 28.7.2017).

Amendment 84 #

David CORMAND, Anna CAVAZZINI, Francisco GUERREIRO, Malte GALLÉE

Proposal for a directive
Recital 10 a (new)

(10a) The use of generic social impact claims should also be prohibited in all circumstances and therefore added to the list in Annex I to Directive 2005/29/EC. Examples of such generic social impact claims are ‘fairy produced’, 'ethically produced', ‘sustainable sound production’ or similar statements, as well as broader statements such as ‘sustainable’ or ‘fair’. Such generic social impact claims should be prohibited whenever the specification of the claim is not provided in clear and prominent terms on the same medium, such as advertising spot, product’s packaging or online selling interface. Such specification could refer, for example, to ‘no child labour’.

Amendment 85 #

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 onsetting a pre-approval procedure for 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 decisions and reduce the risk of greenwashing through reliable, comparable and verifiable information. __________________ 24 COM(2020)98 final, 11 March 2020. 25 COM(2019)640 final, 11 December 2019.

Amendment 86 #

David CORMAND, Anna CAVAZZINI, Francisco GUERREIRO, Malte GALLÉE

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,. Planned obsolescence is generally 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. Premature obsolescence of products can occur when there is no deliberate intent to limit the lifetime of a product due, for example, to a design issue that leads to early failure. Hence, some minimum durability and reparability requirements for products should be established in Regulation EU [Ecodesign for Sustainable Products]. Marketing products that do not respect these minimum requirements once established should be prohibited and give consumers access to remedies in case of infringement. 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 87 #

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, contributing to a more sustainable consumption. In this respect, the marketing of certain disposable consumer products that generate unnecessary waste, such as disposable electronic cigarettes, should be prohibited.

Amendment 88 #

Sandro GOZI

Proposal for a directive
Recital 14 a (new)

(14a) Where traders are not producers of goods, they may have limited influence on the design of goods and their early obsolescence. Therefore the producers should be liable whenever engaging in such practices, as well as for providing information to traders in this respect. Mere retailers should be responsible for further passing on such information to consumers. In addition, once such practices are established with regards to a specific good, national competent authorities may also require remedial action from the retailers selling the good in question or require them to provide consumers with additional information at the point of sale in this respect.

Amendment 89 #

Proposal for a directive
Recital 15

Amendment 90 #

David CORMAND, Anna CAVAZZINI, Francisco GUERREIRO, Malte GALLÉE

Proposal for a directive
Recital 15

(15) It should be prohibited to ~~omit to in~~formce the consumer t~~hat~~o make a software update, including a security update, that will negatively impact the use of goods with digital elements or certain features of those goods, even if the update improves the functioning of other features. For example, when inviting consumers to update the operating system on their smartphone, the trader will have to inform the consumer if such an update will negatively impact the functioning of any of the features of the smartphone. Furthermore, manufacturers should be required to provide, free of charge, the updates needed to keep the good in conformity for a period corresponding to the estimated lifespan.

Amendment 91 #

Proposal for a directive
Recital 15

(15) It should be prohibited to ~~omit to inform~~provide the consumer ~~that~~ a software update, including a security update, that will negatively impact the use of goods with digital elements or certain features of those goods, even if the update improves the functioning of other features. F~~or example, when inviting consumers to update the operating system on their smartphone, the trader will have to inform the consumer if such an update will negatively impact~~ urthermore, it should be prohibited to supply security updates together withe function~~ing of any of~~ ality updates or other feature~~s of the smartphone~~-related upgrades.

Amendment 92 #

Proposal for a directive
Recital 15

(15) It should be prohibited to omit to inform the consumer that a software update, including a security update, will have a negatively impact ~~the use~~, where relevant, on the durability of goods with digital elements or certain features of those goods, even if the update improves the functioning of other features. For example, when inviting consumers to update the operating system on their smartphone, the trader will have to inform the consumer, where relevant, if such an update will have a negatively impact on the ~~functioning~~durability of any of the features of the smartphone.

Amendment 93 #

Proposal for a directive
Recital 16

(16) It should also be prohibited to omit to inform the consumer about the existence of a feature of the good introduced to limit its durability. For example, such a feature could be software which stops or downgrades the functionality of the good after a particular period of time, or it could be a piece of hardware which is designed to fail after a particular period of time. The prohibition of omitting to inform consumers of such features of the goods complements and does not affect the remedies available to consumers when they constitute a lack of conformity under Directive (EU) 2019/771 of the European Parliament and of the Council26 . For such a commercial practice to be considered unfair, it should not be necessary to demonstrate that the purpose of the feature is to stimulate the replacement of the respective good. The use of features limiting the durability of the goods should be distinguished from manufacturing practices using materials or processes of general low quality resulting in limited durability of the goods. Lack of conformity of a good resulting from the use of low quality materials or processes should continue to be governed by the rules on the conformity of goods set out in Directive (EU) 2019/771. __________________ 26 Directive (EU) 2019/771 of the European Parliament and of the Council of 20 May 2019 on certain aspects concerning contracts for the sale of goods, amending Regulation (EU) 2017/2394 and Directive 2009/22/EC, and repealing Directive 1999/44/EC (OJ L 136, 22.5.2019, p. 28).deleted

Amendment 94 #

Proposal for a directive
Recital 16

(16) It should also be prohibited to ~~omit to inform the consumer about the existence of a feature of the good introduc~~introduce a feature aimed ato limit ~~its~~ing the durability of a product. For example, such a feature could be software which stops or downgrades the functionality of the good after a particular period of time, or it could be a piece of hardware which is designed to fail after a particular period of time. Theis prohibition ~~of omitting to inform consumers of such features of the goods complements and does~~shall not affect the remedies available to consumers when they constitute a lack of conformity under Directive (EU) 2019/771 of the European Parliament and of the Council26. For such a commercial practice to be considered unfair, it should not be necessary to demonstrate that the purpose of the feature is to stimulate the replacement of the respective good. The use of features limiting the durability of the goods should be distinguished from manufacturing practices using materials or processes of general low quality resulting in limited durability of the goods. Lack of conformity of a good resulting from the use of low quality materials or processes should continue to be governed by the rules on the conformity of goods set out in Directive (EU) 2019/771. __________________ 26 Directive (EU) 2019/771 of the European Parliament and of the Council of 20 May 2019 on certain aspects concerning contracts for the sale of goods, amending Regulation (EU) 2017/2394 and Directive 2009/22/EC, and repealing Directive 1999/44/EC (OJ L 136, 22.5.2019, p. 28).;

Amendment 95 #

David CORMAND, Anna CAVAZZINI, Francisco GUERREIRO, Malte GALLÉE

Proposal for a directive
Recital 16

(16) It should also be prohibited to ~~omit to inform the consumer about the existence of a feature of the good introduced~~introduce a feature to limit ~~its~~the durability of a good. For example, such a feature could be software which stops or downgrades the functionality of the good after a particular period of time, or it could be a piece of hardware which is designed to fail after a particular period of time. The prohibition ~~of omitting to inform consumers of~~introducing such features of the goods complements and does not affect the remedies available to consumers when they constitute a lack of conformity under Directive (EU) 2019/771 of the European Parliament and of the Council26 . For such a commercial practice to be considered unfair, it should not be necessary to demonstrate that the purpose of the feature is to stimulate the replacement of the respective good. The use of features limiting the durability of the goods should be distinguished from manufacturing practices using materials or processes of general low quality resulting in limited durability of the goods. Lack of conformity of a good resulting from the use of low quality materials or processes should continue to be governed by the rules on the conformity of goods set out in Directive (EU) 2019/771. __________________ 26 Directive (EU) 2019/771 of the European Parliament and of the Council of 20 May 2019 on certain aspects concerning contracts for the sale of goods, amending Regulation (EU) 2017/2394 and Directive 2009/22/EC, and repealing Directive 1999/44/EC (OJ L 136, 22.5.2019, p. 28).

Amendment 96 #

Proposal for a directive
Recital 16

(16) It should also be prohibited to ~~omit to inform the consumer about the existence of a feature of the good introduce~~introduce feature into the design of the good to limit its durability. For example, such a feature could be software which stops or downgrades the functionality of the good after a particular period of time, or it could be a piece of hardware which is designed to fail after a particular period of time. The prohibition of ~~omitting to inform consumers~~introduction of such features of the goods complements and does not affect the remedies available to consumers when they constitute a lack of conformity under Directive (EU) 2019/771 of the European Parliament and of the Council26 . For such a commercial practice to be considered unfair, it should not be necessary to demonstrate that the purpose of the feature is to stimulate the replacement of the respective good. The use of features limiting the durability of the goods should be distinguished from manufacturing practices using materials or processes of general low quality resulting in limited durability of the goods. Lack of conformity of a good resulting from the use of low quality materials or processes should continue to be governed by the rules on the conformity of goods set out in Directive (EU) 2019/771. __________________ 26 Directive (EU) 2019/771 of the European Parliament and of the Council of 20 May 2019 on certain aspects concerning contracts for the sale of goods, amending Regulation (EU) 2017/2394 and Directive 2009/22/EC, and repealing Directive 1999/44/EC (OJ L 136, 22.5.2019, p. 28).

Amendment 97 #

Proposal for a directive
Recital 17

(17) Another practice which should be prohibited under Annex I to Directive 2005/29/EC is the practice of claiming that a good has a certain durability when it does not. That would be the case, for instance, when a trader informs consumers that a washing machine is expected to last a certain number of washing cycles, with normal expected use in accordance with instructions while the actual use of washing machine shows this is not the case.

Amendment 98 #

Proposal for a directive
Recital 18

(18) Similarly, Annex I to Directive 2005/29/EC should also be amended to prohibit presenting products as allowing repair when such repair is not possible provided the product has been used in accordance with expected as normal use, as well as omitting to inform consumers that it is not possible to repair goods in accordance with legal requirements.

Amendment 99 #