Activities of Anne-Sophie PELLETIER related to 2022/0092(COD)
Plenary speeches (2)
Empowering consumers for the green transition (debate)
Empowering consumers for the green transition (debate)
Shadow reports (1)
REPORT on the proposal for a directive of the European Parliament and of the Council on amending Directives 2005/29/EC and 2011/83/EU as regards empowering consumers for the green transition through better protection against unfair practices and better information
Amendments (43)
Amendment 61 #
Proposal for a directive
Recital -1 (new)
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
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 68 #
Proposal for a directive
Recital 3
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 70 #
Proposal for a directive
Recital 4
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 not supported by clear, objective, evidence- based 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.
Amendment 72 #
Proposal for a directive
Recital 6
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 75 #
Proposal for a directive
Recital 7
Recital 7
(7) The displaying of sustainability labels which are not based on a certification scheme or not established by publicor sustainability information tools which were not pre-approved by a European or national authoritiesy 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 1169/2011ly 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 80 #
Proposal for a directive
Recital 9
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’, ‘biodegradableenergy efficient’, ‘biobased’ or similar statements, as well as broader statements such as ‘conscious’ 'ethical' 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 scientific evidence to it, or whenever the specification of the claim, based on a European-recognised assessment method or standards, 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.
Amendment 82 #
Proposal for a directive
Recital 9 a (new)
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 84 #
Proposal for a directive
Recital 10 a (new)
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 89 #
Proposal for a directive
Recital 15
Recital 15
(15) It should be prohibited to omit to inform the consumer thatsupply 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 95 #
Proposal for a directive
Recital 16
Recital 16
(16) It should also be prohibited to omit to inform the consumer about the existence of a feature of the good introducedintroduce a feature to limit itsthe 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 ofintroducing 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 99 #
Proposal for a directive
Recital 18
Recital 18
(18) Similarly, Annex I to Directive 2005/29/EC should also be amended to prohibit presentmarketing and selling a products as which does not allowing repair when such repair is not possible, as well as omitting to inform consumers that it is not possible to in accordance with legal requirements, especially if traders do not comply with their obligations to provide spare pair goods irts at an accffordance with legal requirementsble cost.
Amendment 102 #
Proposal for a directive
Recital 20
Recital 20
(20) Another practice associated with early obsolescence which should be prohibited and added to the list in Annex I to Directive 2005/29/EC is inducing the consumer intomarketing goods that require replacing the consumables of a product earlier than would otherwise be necessary for technical reasons. Such practices misleads the consumer into believing thato a situation where the goods will no longer function unless their consumables are replaced, thus leading themconsumers 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 107 #
Proposal for a directive
Recital 21
Recital 21
(21) Annex I to Directive 2005/29/EC should also be amended to prohibit omitting to inform the consumer that the goodmarketing 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 131 #
Proposal for a directive
Recital 31
Recital 31
(31) To allow consumers to make an informed transactional decision and choose goods that are easier to repair, traders should provide, before the conclusion of the contract, for all types of goods, where applicable, the reparability score of the good as provided by the producer in accordance with Union or national law.
Amendment 137 #
Proposal for a directive
Recital 32
Recital 32
(32) Pursuant to Article 5(1), point (e), and Article 6(1), point (m), of Directive 2011/83/EU traders are obliged to provide the consumer before the consumer is bound by the contract with information on the existence and the conditions of after-sales services, including repair services, where such services are provided. In addition, in order to ensure that consumers are well informed about the reparability of the goods they purchase, where a reparability score is not 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.
Amendment 147 #
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 2005/29/EC
Article 2 – paragraph 1 – point o
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 159 #
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 2005/29/EC
Article 2 – paragraph 1 – point r a (new)
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 179 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a
Article 1 – paragraph 1 – point 2 – point a
Directive 2005/29/EC
Article 6 – paragraph 1 – point b
Article 6 – paragraph 1 – point b
(b) the main characteristics of the product, such as its availability, benefits, risks, execution, composition, environmental or social impact 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 184 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a a (new)
Article 1 – paragraph 1 – point 2 – point a a (new)
Directive 2005/29/EC
Article 6 – paragraph 2 – point c
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 bewith seemingly identical to a goodpresentation to another good, which is marketed, in other Member States, while that good has significantlyunder 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 189 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point b
Article 1 – paragraph 1 – point 2 – point b
Directive 2005/29/EC
Article 6 – paragraph 2 – point d
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 194 #
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive 2005/29/EC
Article 7 – paragraph 7
Article 7 – paragraph 7
Amendment 199 #
Proposal for a directive
Article 2 – paragraph 1 – point 1 – point a
Article 2 – paragraph 1 – point 1 – point a
Directive 2011/83/EU
Article 2 – paragraph 1 – point 3 a
Article 2 – paragraph 1 – point 3 a
Amendment 211 #
Proposal for a directive
Article 2 – paragraph 1 – point 2 – point -a (new)
Article 2 – paragraph 1 – point 2 – point -a (new)
Directive 2011/83/EU
Article 5 – paragraph 1 – point e
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 aand duration of the legal guarantee of conformity for goods, the existence and the conditions of after-sales services and commercial guarantees, where applicable;
Amendment 214 #
Proposal for a directive
Article 2 – paragraph 1 – point 2 – point a
Article 2 – paragraph 1 – point 2 – point a
Directive 2011/83/EU
Article 5 – paragraph 1 – point e a
Article 5 – paragraph 1 – point e a
Amendment 219 #
Proposal for a directive
Article 2 – paragraph 1 – point 2 – point a
Article 2 – paragraph 1 – point 2 – point a
Directive 2011/83/EU
Article 5 – paragraph 1 – point e b
Article 5 – paragraph 1 – point e b
Amendment 245 #
Proposal for a directive
Article 2 – paragraph 1 – point 3 – point -a (new)
Article 2 – paragraph 1 – point 3 – point -a (new)
Directive 2011/83/EU
Article 6 – paragraph 1 – point l
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 249 #
Proposal for a directive
Article 2 – paragraph 1 – point 3 – point a
Article 2 – paragraph 1 – point 3 – point a
Directive 2011/83/EU
Article 6 – paragraph 1 – point m a
Article 6 – paragraph 1 – point m a
Amendment 256 #
Proposal for a directive
Article 2 – paragraph 1 – point 3 – point a
Article 2 – paragraph 1 – point 3 – point a
Directive 2011/83/EU
Article 6 – paragraph 1 – point m b
Article 6 – paragraph 1 – point m b
Amendment 271 #
Proposal for a directive
Article 2 – paragraph 1 – point 3 – point b
Article 2 – paragraph 1 – point 3 – point b
Directive 2011/83/EU
Article 6 – paragraph 1 – point u
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 277 #
Proposal for a directive
Article 2 – paragraph 1 – point 3 – point b
Article 2 – paragraph 1 – point 3 – point b
Directive 2011/83/EU
Article 6 – paragraph 1 – point v
Article 6 – paragraph 1 – point v
(v) when point (u) is not applicable, information made 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 284 #
Proposal for a directive
Article 3 – paragraph 1
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
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 288 #
Proposal for a directive
Article 4 – paragraph 1 – subparagraph 2
Article 4 – paragraph 1 – subparagraph 2
They shall apply those provisions from [2418 months from adoption].
Amendment 293 #
Proposal for a directive
Annex I – paragraph 1 – point 1
Annex I – paragraph 1 – point 1
Directive 2005/29/EC
Annex I – point 2 a
Annex I – point 2 a
2a. Displaying a sustainability label which iwas not baspre-approved onby a certification scheme ornational or European authority and not established by public authorities.;
Amendment 300 #
Proposal for a directive
Annex I – paragraph 1 – point 2
Annex I – paragraph 1 – point 2
Directive 2005/29/EC
Annex I – point 4a a (new)
Annex I – point 4a a (new)
4aa. Making a generic social impact claim.;
Amendment 304 #
Proposal for a directive
Annex I – paragraph 1 – point 2
Annex I – paragraph 1 – point 2
Directive2005/29/EC
Annex I – point 4b a (new)
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 313 #
Proposal for a directive
Annex I – paragraph 1 – point 3 a (new)
Annex I – paragraph 1 – point 3 a (new)
Directive 2005/29/EC
Annex I – point 13 a (new)
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 317 #
Proposal for a directive
Annex I – paragraph 1 – point 4
Annex I – paragraph 1 – point 4
Directive 2005/29/EC
Annex I – point 23 d
Annex I – point 23 d
23d. Omitting to inform the consumer thatSupplying a software update willthat 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 325 #
Proposal for a directive
Annex I – paragraph 1 – point 4
Annex I – paragraph 1 – point 4
Directive 2005/29/EC
Annex I – point 23 e
Annex I – point 23 e
23e. Omitting to inform the consumer about the existence of a feature of a good introduced toIntroducing a feature that limit itss the durability of a product.
Amendment 330 #
Proposal for a directive
Annex I – paragraph 1 – point 4
Annex I – paragraph 1 – point 4
Directive 2005/29/EC
Annex I – point 23 g
Annex I – point 23 g
23g. Presenting goods as allowing repair when they do not or omitting to inform the consumer that goods doMarketing a product which does not allow repair in accordance with legal requirements.
Amendment 333 #
Proposal for a directive
Annex I – paragraph 1 – point 4
Annex I – paragraph 1 – point 4
Directive 2005/29/EC
Annex I – point 23 h
Annex I – point 23 h
23h. Inducing the consumer intoMarketing a product that require replacing the consumables of a good earlier than for necessary technical reasons is necessary.
Amendment 336 #
Proposal for a directive
Annex I – paragraph 1 – point 4
Annex I – paragraph 1 – point 4
Directive 2005/29/EC
Annex I – point 23 i
Annex I – point 23 i
23i. Omitting to inform that a goodMarketing 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.