Activities of Malte GALLÉE related to 2022/0092(COD)
Plenary speeches (1)
Empowering consumers for the green transition (debate)
Shadow opinions (1)
OPINION on the proposal for a directive of the European Parliament and of the Council 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 (146)
Amendment 34 #
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 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 37 #
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 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 42 #
Proposal for a directive
Recital 4 a (new)
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 48 #
Proposal for a directive
Recital 7
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 conditionsSustainability 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 54 #
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’, ‘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 there is no excellent environmental performance demonstrated or whenever the specification of the claimy 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 64 #
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 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 66 #
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 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 69 #
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. 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 traderimplementation plan with regard to the commitments and targets.
Amendment 70 #
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 examplurthermore, 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 smartphona 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 72 #
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 introduced to limit its durabilityintroduce 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 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 74 #
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 public, comparison and information tools which were not pre-approved by a national or an EU 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 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 78 #
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 goodthe 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 78 #
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’, '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 there is no excellent environmental performance demonstrated or whenever the specification of the claimy 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’, referrThis 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 prohibitiony 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 81 #
Proposal for a directive
Recital 22
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
Recital 23
(23) A good indicator of a good’s durability is the producer’sduration 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 informdisplay to consumers about the existence of‘a guaranteed lifespan label’ theat producvide 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 85 #
Proposal for a directive
Recital 12
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 #
Proposal for a directive
Recital 14
Recital 14
(14) In order to improve the welfare of consumers, the amendments to Annex I to Directive 2005/29/EC should also address several practices associated with early obsolescence, including planned obsolescence practices,. 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 88 #
Proposal for a directive
Recital 24
Recital 24
Amendment 91 #
Proposal for a directive
Recital 25
Recital 25
Amendment 91 #
Proposal for a directive
Recital 15
Recital 15
(15) It should be prohibited to omit to informprovide 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. 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 urthermore, it should be prohibited to supply security updates together withe functioning of any of ality updates or other features of the smartphone-related upgrades.
Amendment 95 #
Proposal for a directive
Recital 26
Recital 26
Amendment 96 #
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 introduceintroduce 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 consumersintroduction 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 98 #
Proposal for a directive
Recital 27
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 100 #
Proposal for a directive
Recital 28
Recital 28
Amendment 100 #
Proposal for a directive
Recital 18
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 tothe marketing of products that cannot be repair goodsed, in accordance with legal requirements under Regulation EU [Ecodesign for Sustainable Products].
Amendment 101 #
Proposal for a directive
Recital 29
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 104 #
Proposal for a directive
Recital 30
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 104 #
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 intothe marketing of 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 thats to situations 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 105 #
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 good ismarketing of goods that are designed to limit itstheir 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 #
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 108 #
Proposal for a directive
Recital 21 a (new)
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 #
Proposal for a directive
Recital 22
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 111 #
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. When this information is not made available by the producer, consumers should be informed of it.
Amendment 113 #
Proposal for a directive
Recital 33
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 113 #
Proposal for a directive
Recital 23
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 115 #
Proposal for a directive
Recital 24
Recital 24
Amendment 119 #
Proposal for a directive
Recital 25
Recital 25
Amendment 120 #
Proposal for a directive
Recital 26
Recital 26
Amendment 122 #
Proposal for a directive
Recital 28
Recital 28
Amendment 124 #
Proposal for a directive
Recital 29
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 127 #
Proposal for a directive
Recital 30
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 proLikewise, 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 129 #
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 p
Article 2 – paragraph 1 – point p
Amendment 132 #
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 providedisplay, 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
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 2005/29/EC
Article 2 – paragraph 1 – point q
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 136 #
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 q a (new)
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 136 #
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 137 #
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
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 139 #
Proposal for a directive
Recital 33
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 142 #
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 an Union body or competent national authority’
Amendment 144 #
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 s
Article 2 – paragraph 1 – point s
(s) ‘certification scheme’ means a third-party verification scheme that is open underaccredited 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 onand 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 148 #
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 a (new)
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 151 #
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 p
Article 2 – paragraph 1 – point p
Amendment 152 #
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 t
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 154 #
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
(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 157 #
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
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 #
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 w
Article 2 – paragraph 1 – point w
(w) ‘software update’ means a free update, including a securityeither 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 158 #
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 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 #
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 w a (new)
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
Article 1 – paragraph 1 – point 1
Directive 2005/29/EC
Article 2 – paragraph 1 – point s
Article 2 – paragraph 1 – point s
(s) ‘certification scheme’ means a third-party verification scheme that is open underaccredited 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
Article 1 – paragraph 1 – point 1
Directive 2005/29/EC
Article 2 – paragraph 1 – point w b (new)
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 164 #
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 y a (new)
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 166 #
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 t
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 168 #
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 v
Article 2 – paragraph 1 – point v
(v) ‘durability’ means durthe 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 #
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 v a (new)
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 173 #
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 w a (new)
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 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a
Article 1 – paragraph 1 – point 2 – point a
Directive 2005/29/EC
Article 6 – paragraph 1 – point b
Article 6 – paragraph 1 – point b
(b) the main characteristics of the product, such as its availability, benefits, risks, execution, composition, environmental or social impact, accessories, durability, reparability, 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 174 #
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 w b (new)
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 177 #
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 y a (new)
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 179 #
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, objective and verifiable commitments and targets and without an independent monitoring systembased 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 a
Article 1 – paragraph 1 – point 2 – point a
Directive 2005/29/EC
Article 6 – paragraph 1 – point b
Article 6 – paragraph 1 – point b
(b) the main characteristics of the product, such as its availability, benefits, risks, execution, composition, environmental or social impact, accessories, durability, reparability, 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 186 #
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, objectiveof 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 3
Article 1 – paragraph 1 – point 3
Directive 2005/29/EC
Article 7 – paragraph 7 a (new)
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 194 #
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 196 #
Proposal for a directive
Article 2 – paragraph 1 – point 1 – point b
Article 2 – paragraph 1 – point 1 – point b
Directive 2011/83/EU
Article 2 – paragraph 1 – point 14 a
Article 2 – paragraph 1 – point 14 a
(14a) ‘commercial guarantee of durability’ means a producer’svoluntary 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 1 – paragraph 1 – point 3 a (new)
Article 1 – paragraph 1 – point 3 a (new)
Directive 2005/29/EC
Article 12 a (new)
Article 12 a (new)
Amendment 198 #
Proposal for a directive
Article 2 – paragraph 1 – point 2 – point a
Article 2 – paragraph 1 – point 2 – point a
Directive 2011/83/EU
Article 5 – paragraph 1 – point e a
Article 5 – paragraph 1 – point e a
(ea) for all goods, where the producer makes it available, information that the goods benefit from a commercia 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 durabilconformity and its duration in units of time, where that guarantee covers the entire good and has a durarelated rights, and where applicable, about the existence and conditions of more than two yearafter-sales services and voluntary commercial guarantees;
Amendment 198 #
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 202 #
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 202 #
Proposal for a directive
Article 2 – paragraph 1 – point 1 – point b
Article 2 – paragraph 1 – point 1 – point b
Directive 2011/83/EU
Article 2 – paragraph 1 – point 14 a
Article 2 – paragraph 1 – point 14 a
(14a) ‘commercial guarantee of durability’ means a producer’svoluntary commercial guarantee of durability referred to in Article 17 of Directive (EU) 2019/771provided 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 #
Proposal for a directive
Article 2 – paragraph 1 – point 1 – point b
Article 2 – paragraph 1 – point 1 – point b
Directive 2011/83/EU
Article 2 – paragraph 1 – point 14 b
Article 2 – paragraph 1 – point 14 b
(14b) ‘durability’ means durthe ability as defined in Article 2, point (13), of Directive (EU) 2019/771of 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 206 #
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 c
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 208 #
Proposal for a directive
Article 2 – paragraph 1 – point 1 – point b
Article 2 – paragraph 1 – point 1 – point b
Directive 2011/83/EU
Article 2 – paragraph 1 – point 14e a (new)
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 #
Proposal for a directive
Article 2 – paragraph 1 – point 1 – point b
Article 2 – paragraph 1 – point 1 – point b
Directive 2011/83/EU
Article 2 – paragraph 1 – point 14e b (new)
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
Article 2 – paragraph 1 – point 2 – point a
Directive 2011/83/EU
Article 5 – paragraph 1 – point e d
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 timeincluding the mandatory period foreseen under the relevant Union legislation;
Amendment 213 #
Proposal for a directive
Article 2 – paragraph 1 – point 2 – point a – introductory part
Article 2 – paragraph 1 – point 2 – point a – introductory part
(a) the following points (ea) to (ed) are insertis replaced:
Amendment 216 #
Proposal for a directive
Article 2 – paragraph 1 – point 2 – point b
Article 2 – paragraph 1 – point 2 – point b
Directive 2011/83/EU
Article 5 – paragraph 1 – point j
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 manualeriod 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 a
Article 2 – paragraph 1 – point 2 – point a
Directive 2011/83/EU
Article 5 – paragraph 1 – point e a
Article 5 – paragraph 1 – point e a
(ea) for all goods, where the producer makes it available,a label indicating the guaranteed lifetime of the good, which should include information thaabout the goods benefit from a commerciduration of the legal guarantee of durabilconformity, and its duration in units of time, where that guarantee covers the entire good and has a duration of more than two yearwhere 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 220 #
Proposal for a directive
Article 2 – paragraph 1 – point 3 – point a
Article 2 – paragraph 1 – point 3 – point a
Directive 2011/83/EU
Article 6 – paragraph 1 – point m a
Article 6 – paragraph 1 – point m a
(ma) for all types of goods, where the producer makes it available, informthe guaranteed lifespan label, which shall include as a minimum display the duration thatof the goods benefit from a commercilegal guarantee of durabilconformity and its duration in units of time, where that guarantee covers the entire good and has a duration of more than two yearsrelated rights, and any voluntary extension by the producer;
Amendment 220 #
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 224 #
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 226 #
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 c
Article 5 – paragraph 1 – point e c
(ec) for goods with digital elements, where the producer makes such information available, the minimum periothe 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 3 – point a
Article 2 – paragraph 1 – point 3 – point a
Directive 2011/83/EU
Article 6 – paragraph 1 – point m c
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 231 #
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 d
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 timeincluding the mandatory period foreseen under the relevant Union legislation;
Amendment 231 #
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 d
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 timeincluding the mandatory period of time foreseen under relevant Union law;
Amendment 238 #
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, 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 240 #
Proposal for a directive
Article 2 – paragraph 1 – point 2 – point b
Article 2 – paragraph 1 – point 2 – point b
Directive 2011/83/EU
Article 5 – paragraph 1 – point j
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 abouttheir 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 244 #
Proposal for a directive
Article 3 – paragraph 1 a (new)
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 244 #
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 g
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 248 #
Proposal for a directive
Article 2 – paragraph 1 – point 3 – point a – introductory part
Article 2 – paragraph 1 – point 3 – point a – introductory part
(a) the following points (ma) to (md) are insertl) is replaced:
Amendment 249 #
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 isor a sustainability information tool which is not pre-approved and not based on a certification scheme or not established by public authorities.;
Amendment 251 #
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 a (new)
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 251 #
Proposal for a directive
Article 2 – paragraph 1 – point 3 – point a
Article 2 – paragraph 1 – point 3 – point a
Directive 2011/83/EU
Article 6 – paragraph 1 – point m a
Article 6 – paragraph 1 – point m a
(ma) for all types of goods, where the producer makes it available,a label indicating the guaranteed lifetime of the good, which should include information thaabout the goods benefit from a commerciduration of the legal guarantee of durabilconformity, and its duration in units of time, where that guarantee covers the entire good and has a duration of more than two yearwhere 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 253 #
Proposal for a directive
Annex I – paragraph 1 – point 2
Annex I – paragraph 1 – point 2
Directive 2005/29/EC
Annex I – point 4 a
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
Annex I – paragraph 1 – point 2
Directive 2005/29/EC
Annex I – point 4 a a (new)
Annex I – point 4 a a (new)
4aa. Making a generic social impact claim.
Amendment 257 #
Proposal for a directive
Annex I – paragraph 1 – point 2
Annex I – paragraph 1 – point 2
Directive 2005/29/EC
Annex I – point 4 b
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 257 #
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 260 #
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 c
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
Annex I – paragraph 1 – point 2
Annex I – paragraph 1 – point 2
Directive 2005/29/EC
Annex I – point 4 b a (new)
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 264 #
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 d
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 foreseen under relevant Union law;
Amendment 265 #
Proposal for a directive
Annex I – paragraph 1 – point 2
Annex I – paragraph 1 – point 2
Directive 2005/29/EC
Annex I – point 4 b b (new)
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 269 #
Proposal for a directive
Annex I – paragraph 1 – point 2
Annex I – paragraph 1 – point 2
Directive 2005/29/EC
Annex I – point 4 b c (new)
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
Annex I – paragraph 1 – point 2
Directive 2005/29/EC
Annex I – point 4 b d (new)
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 275 #
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, including the period during which they shall be available and the procedure of ordering them, and abouttheir 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 277 #
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 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 284 #
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 to limit its durabilityIntroducing a feature to limit the lifetime of a good.
Amendment 287 #
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 290 #
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 291 #
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 a (new)
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 294 #
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 b (new)
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 294 #
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 or not established by publicnational or EU authoritiesy.;
Amendment 295 #
Proposal for a directive
Annex I – paragraph 1 – point 1
Annex I – paragraph 1 – point 1
Directive 2005/29/EC
Annex I – point 2 b (new)
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 #
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 good that requires replacing the consumables of a good earlier than for technical reasons is necessary.
Amendment 296 #
Proposal for a directive
Annex I – paragraph 1 – point 2 – introductory part
Annex I – paragraph 1 – point 2 – introductory part
(2) the following points 4a andto 4bh are inserted:
Amendment 300 #
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 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 2
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 304 #
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 a (new)
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 2
Annex I – paragraph 1 – point 2
Directive 2005/29/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 306 #
Proposal for a directive
Annex I – paragraph 1 – point 2
Annex I – paragraph 1 – point 2
Directive 2005/29/EC
Annex I – point 4b b (new)
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 #
Proposal for a directive
Annex I – paragraph 1 – point 2
Annex I – paragraph 1 – point 2
Directive 2005/29/EC
Annex I – point 4b c (new)
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 #
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 b (new)
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 308 #
Proposal for a directive
Annex I – paragraph 1 – point 2
Annex I – paragraph 1 – point 2
Directive 2005/29/EC
Annex I – point 4b d (new)
Annex I – point 4b d (new)
4bd. Making an environmental claim related to future environmental performance at the level of a product;
Amendment 309 #
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 c (new)
Annex I – point 23 i c (new)
23ic. Bundling security updates with functionality, feature or other software updates.
Amendment 309 #
Proposal for a directive
Annex I – paragraph 1 – point 2
Annex I – paragraph 1 – point 2
Directive 2005/29/EC
Annex I – point 4b e (new)
Annex I – point 4b e (new)
4be. Making a generic social claim;
Amendment 310 #
Proposal for a directive
Annex I – paragraph 1 – point 2
Annex I – paragraph 1 – point 2
Directive 2005/29/EC
Annex I – point 4b f (new)
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 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 314 #
Proposal for a directive
Annex I – paragraph 1 – point 4 – introductory part
Annex I – paragraph 1 – point 4 – introductory part
(4) the following points 23d to 23im are inserted:
Amendment 318 #
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 thatffering 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 323 #
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 introducedIntroducing a feature to limit itsthe durability of a good.
Amendment 329 #
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 goodsthat do not allow repair in accordance with legal requirements.
Amendment 334 #
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 good that require replacing of the consumables of a good earlier than necessary for technical reasons is necessary.
Amendment 338 #
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 good that is designed to limit its functionality when using consumables, spare parts or accessories that are not provided by the original producer..
Amendment 342 #
Proposal for a directive
Annex I – paragraph 1 – point 4
Annex I – paragraph 1 – point 4
Directive 2005/29/EC
Annex I – point 23i a (new)
Annex I – point 23i a (new)
23ia. Engaging in practices that lead to shortening of a product’s lifespan
Amendment 344 #
Proposal for a directive
Annex I – paragraph 1 – point 4
Annex I – paragraph 1 – point 4
Directive 2005/29/EC
Annex I – point 23i b (new)
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 346 #
Proposal for a directive
Annex I – paragraph 1 – point 4
Annex I – paragraph 1 – point 4
Directive 2005/29/EC
Annex I – point 23i c (new)
Annex I – point 23i c (new)
23ic. Supplying security updates together with functionality updates or other software updates;
Amendment 347 #
Proposal for a directive
Annex I – paragraph 1 – point 4
Annex I – paragraph 1 – point 4
Directive 2005/29/EC
Annex I – point 23i d (new)
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]