Changes from plenary report to adopted text

Article 1 – paragraph 1 – point 1, Article 2 – paragraph 1 – point w b (new): (wb) ‘functionality update’ means an operating system update whose main purpose is to implement new functionalities;

Directive 2005/29/EC

Article 1 – paragraph 1 – point 1, Article 2 – paragraph 1 – point x: (x) ‘consumable’ means any component of a good that is used up recurrently and needs to be replaced or replenished for the good to function as intended;

Directive 2005/29/EC

Article 1 – paragraph 1 – point 1, Article 2 – paragraph 1 – point y a (new): (ya) ‘carbon offsetting’ means the purchase of carbon credits or the provision of financial support for environmental projects, that aim to neutralise, reduce, compensate or inset the purchaser’s own environmental impact, or that of their goods or services.

Directive 2005/29/EC

Article 1 – paragraph 1 – point 2 – point a, 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.;

Directive 2005/29/EC

Article 1 – paragraph 1 – point 2 – point a a (new), 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, with seemingly identical presentation to another good, which is marketed, in other Member States, under the same brand, trademark or designation, while that good presents differences in composition or characteristics, including its sensory profile;’

Article 1 – paragraph 1 – point 2 – point b – introductory part: (b) in paragraph 2, the following points (d) to (ea) are added:

Directive 2005/29/EC

Article 1 – paragraph 1 – point 2 – point b, Article 6 –paragraph 2 – point d: (d) making an environmental claim related to future environmental performance solely based on carbon offsetting schemes or without clear, objective, quantified, science-based and verifiable commitments, without a detailed and realistic implementation plan with reference to budgetary and technological commitments, without feasible targets, and without an independent monitoring system that is based on relevant data;

Directive 2005/29/EC

Article 1 – paragraph 1 – point 2 – point b, Article 6 – paragraph 2 – point e a (new): (ea) practices with the effect or likely effect of distorting or impairing the autonomy, decision-making or choice of the recipients of the service, on purpose or in effect, via the structure, design, or functionalities of an online interface or a part thereof.

Directive 2011/83/EU

Article 2 – paragraph 1 – point 1 – point a, Article 2 – paragraph 1 – point 3a: deleted / (deleted)

Directive 2011/83/EU

Article 2 – paragraph 1 – point 1 – point b, Article 2 – paragraph 1 – point 14d: (14d) ‘reparability score’ means a score expressing the capacity of a good to be repaired, based on a harmonised method established at Union level;

Directive 2011/83/EU

Article 2 – paragraph 1 – point 2 – point a – introductory part: (a) the following points (ea) to (ec) are inserted:

Directive 2011/83/EU

Article 2 – paragraph 1 – point 2 – point a, Article 5 – paragraph 1 – point ea: (ea) for all goods, a label as set out in Annex Z indicating the duration of the legal guarantee of conformity and, if relevant, its voluntary extension in the form of a commercial guarantee of durability;

Directive 2011/83/EU

Article 2 – paragraph 1 – point 2 – point a, Article 5 – paragraph 1 – point eb: deleted

Directive 2011/83/EU

Article 2 – paragraph 1 – point 2 – point a, Article 5 – paragraph 1 – point ec: (ec) for goods with digital elements, the minimum period in units of time, after the date of placement on the market, during which the producer provides software updates, which covers, as a minimum, the period as provided for in Union law and its voluntary extension, where the producer makes such information available for which the updates shall be provided;

Directive 2011/83/EU

Article 2 – paragraph 1 – point 2 – point a, Article 5 – paragraph 1 – point ed: (ed) for digital content and digital services, where their provider is different from the trader, the minimum period, after the date of placement on the market, in units of time during which the provider provides software updates, which covers, as a minimum, the period during which updates shall be provided in accordance with the applicable Union law;

Directive 2011/83/EU

Article 2 – paragraph 1 – point 2 – point b, Article 5 – paragraph 1 – point j: (j) when point (i) is not applicable, information provided by the producer about the availability and maximum price expected of the spare parts necessary to repair goods, including the minimum period, after the purchase of the good, during which spare parts and accessories are available, the procedure of ordering them, and the availability of a user and repair manual, as well as the availability of diagnosis and repair tools and services.’;

Directive 2011/83/EU

Article 2 – paragraph 1 – point 2 – point a, Article 5 – paragraph 1 – subparagraph 1 a (new): Notwithstanding point (ea), when traders offer products in more than one Member State, they may opt to refer to the minimum Union period of two years of legal guarantee of conformity on the label referred to in Annex Z. Under this option, traders shall ensure that the label is accompanied by a statement that reads that ‘a consumer benefits from a minimum legal guarantee of two years, unless a guarantee of more than two years is provided for under the applicable national law’.

Directive 2011/83/EU

Article 2 – paragraph 1 – point 2 – point b a (new), Article 5 – paragraph 1 a (new): (ba) the following paragraph 1 a is inserted: / ‘1a. The Commission is empowered to adopt delegated acts in accordance with Article XXX in order to amend Annex Z by introducing, modifying, adding or removing any details in relation to the information or textual elements set out in this Article.’;

Directive 2011/83/EU

Directive 2011/83/EU

Article 2 – paragraph 1 – point 3 – point -a (new), 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, and where applicable, the existence of delivery options that emit less CO2, and, where applicable, the trader’s complaint handling policy;’;

Article 2 – paragraph 1 – point 3 – point -aa (new): (-aa) points (l) and (m) are deleted;

Directive 2011/83/EU

Article 2 – paragraph 1 – point 3 – point a, Article 6 – paragraph 1 – point ma: (ma) for all goods a label as set out in Annex Z indicating the duration of the legal guarantee of conformity and, if relevant, its voluntary extension in the form of a commercial guarantee of durability;

Directive 2011/83/EU

Article 2 – paragraph 1 – point 3 – point a, Article 6 – paragraph 1 – point mb: deleted

Directive 2011/83/EU

Article 2 – paragraph 1 – point 3 – point a, Article 6 – paragraph 1 – point mc: (mc) for goods with digital elements, the minimum period in units of time, after the date of placement on the market, during which the producer provides software updates, which covers as a minimum, the period as provided for in Union law and its voluntary extension, where the producer makes such information available, for which the updates shall be provided;

Directive 2011/83/EU

Directive 2011/83/EU

Article 2 – paragraph 1 – point 3 – point b, Article 6 – paragraph 1 – point v: (v) when point (u) is not applicable, information provided by the producer about the availability and maximum price expected of the spare parts necessary to repair goods, including the minimum period, after the purchase of the good, during which spare parts and accessories are available, the procedure of ordering them, and the availability of a user and repair manual, as well as the availability of diagnosis and repair tools and services.’;

Directive 2011/83/EU

Article 2 – paragraph 1 – point 3 – point b, Article 6 – paragraph 1 – point v a (new): (va) the address of the available repair centres where the goods shall be returned to by the consumer for the purpose of repair.

Directive 2011/83/EU

Article 2 – paragraph 1 – point 3 – point b b (new), Article 6 – paragraph 1 a (new): (bb) the following paragraph 1a is inserted: / “1a. The producer shall make all relevant information, including information listed in points ea, eb, ec, i and j of paragraph 1, available to the trader, in order to ensure that the trader is able to comply with the relevant information obligations set out in paragraph 1.”

Article 3 – paragraph 1: By [5 years from adoption], the Commission shall submit a report on the application of this Directive and on the level of progress achieved to the European Parliament and to the Council.

Article 3 – paragraph 1 a (new): That report shall contain an assessment regarding whether the Directive contributed to enhancing the protection of consumers against unfair commercial practices and misleading advertising of products advertised as sustainable as well as a summary of positive and negative effects on businesses, and in particular on small and medium-sized enterprises.

Annex Z: Annex Z / Content and format of the label / 1. The label shall have the following format: / XX Years + YY Years / 2. The letters ‘XX’ shall be replaced by the figure corresponding to the duration of the legal guarantee of conformity. The letters YY shall be replaced by the figure corresponding to the voluntary extension of the legal guarantee of conformity in the form of an equivalent commercial guarantee of durability. / 3. The label shall be displayed prominently and in a way that is clearly legible to the consumer.

Annex I – paragraph 1 – point 2 – introductory part: (2) the following points 4a to 4bb are inserted: