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Changes from report parliamentary committee draft to plenary report

IMCO-PR-736537 → A-9-2023-0099

From
IMCO-PR-736537 report parliamentary committee draft of 29 Sept 2022
To
A-9-2023-0099 Plenary report of 31 Mar 2023
Changes
46 changes to the text
Paragraphs
+81 added · −52 removed · 22 changed
More facts (2)
Title (from)
on the proposal for a directive of the European Parliament and of the Council on amending Directives 2005/29/EC and 2011/83/EU as regards empowering consumers for the green transition through better protection against unfair practices and better information
Title (to)
on the proposal for a directive of the European Parliament and of the Council on amending Directives 2005/29/EC and 2011/83/EU as regards empowering consumers for the green transition through better protection against unfair practices and better information

Changes that matter, 46

Changes to the text in document order — the ones the change notes describe. Cover page, renumbering and punctuation-only edits are left out (see “Every difference”); changes to citations and references stay in and are marked as formal in the notes.

Change 1

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

AddedRecital 1: (1) In order to tackle unfair commercial practices that deceive consumers and prevent them 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, clear, understandable 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. Companies also have a role to play in promoting a green transition and greater sustainability of the products they produce and sell on the internal market.

RemovedRecital 7: (7) The displaying of sustainability labels or sustainability information tools which were not pre-approved by a national authority should be prohibited by including such practices in the list in Annex I to Directive 2005/29/EC. Sustainability labels or sustainability information tools that have been pre-approved by a competent national authority should be recognised by all Member States, according to the principle of mutual recognition, and should fulfil certain minimum requirements. The Commission should set out in a delegated act the minimum requirements for such labels and tools. The Commission should be empowered to adopt an implementing act to lay down the procedure for pre-approval of sustainability labels and sustainability information tools. Sustainability labels established by public authorities should be exempt from the pre-approval procedure. 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.

AddedRecital 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, reusability, recyclability and reparability of the product to the list of the main characteristics of the product in respect of which the trader’s practices can be considered misleading, following a case-by-case assessment. Information provided by traders on the social sustainability of products, such as working conditions, charity contributions or animal welfare, should not mislead consumers either.

RemovedRecital 9 a (new): (9a) Annex I to Directive 2005/29/EC should also be amended to prohibit environmental claims being made that state that a good has a neutral or positive carbon emissions’ impact on the environment. Examples of such environmental claims are ‘carbon neutral’, ‘carbon positive’, ‘climate neutral’, ‘CO2 neutral’, ‘carbon neutral certified’. Such claims should be prohibited as they imply carbon emissions’ neutrality which is scientifically impossible to substantiate. Sustainability labels containing environmental claims should also be prohibited.

AddedRecital 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 solely on carbon offsetting schemes or are not supported by clear, objective, quantified, science-based and verifiable commitments and targets given by the trader, including a detailed and realistic implementation plan to achieve this future environmental performance. That plan should include concrete targets consistent with achieving the trader's long-term commitment, underpinned by a sufficient budget and allocation of sufficient resources. Claims should also be supported by an independent monitoring system to monitor the progress of the implementation plan, the trader’s commitments and targets.

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RemovedRecital 14 a (new): (14a) In order to improve consumer welfare, the amendments to Annex I to Directive 2005/29/EC should also address the way in which software updates are presented to consumers. The bundling of security updates with other types of updates, such as feature or functionality updates, should be prohibited in order to ensure that consumers are protected from unwanted content when making their purchasing decision. To further strengthen consumer information, consumers should in all cases be informed in a clear and understandable manner whether the update is necessary to keep the product in conformity.

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

RemovedRecital 15: (15) It should be prohibited to supply a software update, including a security update, which will negatively impact the use of goods with digital elements or certain features of those goods, even if the update improves the functioning of other features.

AddedRecital 7: (7) The displaying of sustainability labels which are not based on a certification scheme or not established by public authorities should be prohibited by including such practices in the list in Annex I to Directive 2005/29/EC. The certification scheme should fulfil minimum transparency and credibility conditions. The monitoring of compliance of the certification scheme should be supported by methods that are proportionate and relevant to the nature of the products, processes and businesses that are subject to the scheme. It should be carried out by a third party whose competencies and independence, from both the scheme owner and the trader, have been verified by the Member States. Furthermore, certification schemes should include a complaints system that is available to consumers and other external stakeholders, focuses on non-compliance and ensures the withdrawal of the sustainability label in cases of non-compliance. 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…

RemovedRecital 16: (16) It should also be prohibited to introduce a feature of the good that limits its durability. For example, such a feature could be software which stops or downgrades the functionality of the good after a particular period of time, or it could be a piece of hardware which is designed to fail after a particular period of time. The prohibition to introduce such features of the goods 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.

AddedRecital 9: (9) Annex I to Directive 2005/29/EC should also be amended to prohibit making generic environmental claims without providing evidence of the 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’, ‘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 they are based on offsetting of environmental impacts, such as purchasing of carbon credits, or whenever there is no excellent environmental performance demonstrated or scientific evidence to it, or whenever the specification of the claim is not provided in clear and prominent terms on the same medium, such as the same advertising spot, product’s packaging or online selling interface. For example, the claim ‘biodegradable’, referring to a product, would be a generic claim, whilst claiming that ‘the packaging is biodegradable through home composting in one month’ would be a specific claim, which does not fall under this prohibiti…

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

AddedRecital 14: (14) In order to improve the welfare of consumers, the amendments to Annex I to Directive 2005/29/EC should also address several practices associated with early obsolescence, including planned obsolescence practices, understood as a commercial policy involving deliberately planning or designing a product with a limited useful life so that it prematurely becomes obsolete or non-functional after a certain period of time. Engaging in practices that lead to the shortening of a product’s lifespan or 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.

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

AddedRecital 16: (16) It should also be prohibited to introduce a feature of the good that limits its durability. For example, such a feature could be software which stops or downgrades the functionality of the good after a particular period of time, or it could be a piece of hardware which is designed to fail after a particular period of time. The prohibition to introduce such features of the goods 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 Council 26 . 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.

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

AddedRecital 18: (18) Similarly, Annex I to Directive 2005/29/EC should also be amended to prohibit marketing a good which does not allow repair in accordance with legal requirements or failing to inform the consumer that a good is unrepairable. In addition, Annex I to Directive 2005/29/EC should also be amended to ensure that the consumer is always informed of repair restrictions such as the unavailability of repair services, the unavailability of spare parts or the refusal to repair in the event that the product has been repaired by an independent professional, a non-professional or a user.

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

Change 2

RemovedRecital 23: (23) A good indicator of a good’s durability is the duration of the legal guarantee of conformity, including the voluntary extensions provided by the trader or the producer without additional cost to the consumer, as well as the producer’s commercial guarantee of durability within the meaning of Article 17 of Directive (EU) 2019/771 if provided without additional cost. Therefore, Directive 2011/83/EU should be amended to specifically require traders to provide, before the conclusion of the contract, a guaranteed lifespan label. Such a label should, as a minimum, display the length of the legal guarantee of conformity during which the remedies laid down in Article 13 of Directive (EU) 2019/771 will be available to the consumer, as well as any voluntary extension of the guarantee provided without additional cost.

AddedRecital 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 in accordance with requirements under Union or national law, which covers as a minimum, the period as specified in Union law and its voluntary extension, where the producer makes such information available. Therefore, Directive 2011/83/EU of the European Parliament and of the Council 27 should be amended to provide consumers with pre-contractual information about durability, reparability and the availability of updates. Information should be provided to consumers, including in an official language or in official languages of the Member State where the good is offered, 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, (EU) 2019/77130 and (EU) 2011/83 of the European Parliament and of the Council.

AddedRecital 23: (23) A good indicator of a good’s durability is the duration of the legal guarantee of conformity, as well as its voluntary extension in the form of the equivalent producer’s commercial guarantee of durability within the meaning of Article 17 of Directive (EU) 2019/771, covering the entire good and provided without an additional cost. Therefore, Directive 2011/83/EU should be amended to specifically require traders to provide, before the conclusion of the contract, a label indicating, as a minimum, a reminder of the legal guarantee of conformity, and if relevant, its voluntary extension in the form of a commercial guarantee of durability.

AddedRecital 23 a (new): (23a) When the goods are made available to consumers and other end-users, the label should be displayed prominently and in a clearly legible way.

Change 3

RemovedRecital 27: (27) In order to make it easier for consumers to take an informed transactional decision when comparing goods before concluding a contract, traders and producers should include, on the guaranteed lifespan label, information on the period of the voluntary extension to the legal guarantee , only where it applies for the entire good and not for specific components of the good.

AddedRecital 27: deleted

RemovedRecital 28: deleted

AddedRecital 28: (28) The producer and the seller should remain free to offer other types of commercial guarantees and after-sales services of any duration. However, the information provided to the consumer about such other commercial guarantees or services should not confuse the consumer.

Change 4

ChangedRecital 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 will provide software updates for such goods including, as a minimum, the mandatory period provided for whichin Union law and its voluntary extension where the updatesproducer makes such information available; information should only be provided inwhen accordancethis withperiod Unionis law.longer than the period of the producer’s commercial guarantee.

Change 5

ChangedRecital 30: (30) Likewise, traders offering digital content and digital services should also inform consumers about the minimum periodperiod, after the date of placement on the market, 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 shallshould include, as a minimum, the mandatory period for which the updates shouldhave to be provided in accordancefor within Union law. The provider will provide this information to the trader in all cases.

Change 6

ChangedRecital 31: (31) To allow consumers to make an informed transactional decision and choose goods that are easier to repair, traders should provide, before the conclusion of the contract, for all types of goods, where applicable, the reparability score of the good as provided by the producer in accordance with Union law. Until such a reparability score is established under Union law, national law providing for reparabilityor scoresnational applies.law.

Change 7

ChangedRecital 32: (32) Pursuant to Article 5(1), point (e), and Article 6(1),point6(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. 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, traders should provide, for all types of goods, other relevant repair information, such as information about the availability and affordabilitymaximum price expected of the spare parts necessary to repair a good, including the lengthminimum period after the purchase of the periodgood during which spare parts and accessories are available, the procedure for ordering them, the availability of a user and repair manual as well as the availability of diagnosis and repair tools and services. This information should be provided to the respective traders by the producers of the goods.

Change 8

ChangedRecital 33: (33) Traders should provide consumers with information about the existence of the label, 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 thisthe 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 commitmentssuch information from the producerproducer, for example, on the product-specific websites. Where traders are not producers of goods, their influence on the design of the products and their input regarding any information accompanying the products might be limited. In that gocase, beyondthe whatproducers isshould requiredprovide bythe Unionrelevant law,information to traders interacting with consumers. Furthermore, traders should be responsible for example,further passing on the product-specificinformation websites.to consumers.

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Change 9

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

AddedArticle 1 – paragraph 1 – point 1 – introductory part: (1) in Article 2, the following points (o) to (ya) are added:

Change 10

RemovedArticle 1 – paragraph 1 – point 1, Article 2 – paragraph 1 – point r a (new): (ra) ‘pre-approval of sustainability labels or sustainability information tools’ means an ex-ante conformity assessment to be performed by a competent national authority;

AddedArticle 1 – paragraph 1 – point 1, Article 2 – paragraph 1 – point o: (o) ‘environmental claim’ means any message or representation which is not mandatory under Union law or national law, including text, pictorial, graphic or symbolic representation, in any form, including labels, brand names, company names or product names, in the context of a commercial communication, and which states or implies that a product, product category, brand or trader has a positive or no impact on the environment or is less damaging to the environment than other products, brands or traders, respectively, or has improved their impact over time;

Change 11

RemovedArticle 1 – paragraph 1 – point 1, Article 2 – paragraph 1 – point s: (s) ‘certification scheme’ means a third-party verification scheme that is open under transparent, fair and non-discriminatory terms to all traders willing and able to comply with the scheme’s requirements, which certifies that a product complies with certain publicly available and independently developed requirements reflecting a significant improvement on the otherwise applicable product law, and for which the monitoring of compliance is objective, based on international, Union or national standards and procedures and carried out by a party independent from both the scheme owner and the trader;

AddedArticle 1 – paragraph 1 – point 1, Article 2 – paragraph 1 – point p: deleted

Change 12

ChangedArticle 1 – paragraph 1 – point 1, Article 2 – paragraph 1 – point w aq: (new):(q) (wa)‘generic ‘securityenvironmental update’claim’ means securityan updateenvironmental asclaim, definednot contained in pointa 35sustainability label, where the specification of the Annexclaim tois Commissionnot Regulationprovided (EU).../...in [ecodesignclear implementingand Regulationprominent forterms tabletson andthe smartphones];same medium;

Change 13

RemovedArticle 1 – paragraph 1 – point 1, Article 2 – paragraph 1 – point w b (new): (wb) ‘functionality update’ means a security update as defined in point (36) of Annex to Commission Regulation (EU).../... [ecodesign implementing Regulation for tablets and smartphones];

AddedArticle 1 – paragraph 1 – point 1, Article 2 – paragraph 1 – point s: (s) ‘certification scheme’ means a third-party verification scheme: / (i) that is open under publicly available, transparent, fair and non-discriminatory terms and at a reasonable cost to traders and entities willing and able to comply with the scheme’s requirements; / (ii) that certifies that a product, a process or a business complies with certain publicly available and independently developed requirements; / (iii) for which the monitoring of compliance and the award of the certification are objective, based on international, Union or national standards and procedures taking into account the nature of the products, processes, or businesses concerned; / (iv) that ensures that the monitoring of compliance referred to in point (iii) is carried out by a third party, whose competencies and independence, from both the scheme owner and the trader, have been verified by the Member States; and / (v) that includes a complaints system that is available to consumers and other external stakeholders, focuses on non-compliance and ensures the withdrawal of the sustainability label in cases of non-compliance;

Change 14

RemovedArticle 1 – paragraph 1 – point 1, Article 2 – paragraph 1 – point y a (new): (ya) ‘carbon offsetting’ means financially participating in an action or project in order to compensate for the purchaser’s own carbon dioxide emissions.

AddedArticle 1 – paragraph 1 – point 1, 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.

Change 15

RemovedArticle 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.;

AddedArticle 1 – paragraph 1 – point 1, Article 2 – paragraph 1 – point w: (w) ‘software update’ means a free update, including either a security update or a functionality or feature update, that is necessary to keep goods with digital elements, digital content and digital services in conformity in accordance with Directives (EU) 2019/770 and (EU) 2019/771 or which improves or reduces their durability;

Change 16

RemovedArticle 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 and verifiable reduction commitments, a detailed and realistic implementation plan with reference to budgetary and technological commitments, without feasible targets and without an independent monitoring system;

AddedArticle 1 – paragraph 1 – point 1, 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;

RemovedCarbon offsetting schemes are currently unregulated and consumers have no means to verify whether they are really robust and reliable. Claims based on such schemes can also mislead the consumer about the product in question. Therefore, claims on future environmental performance based solely on such claims should be banned. Other claims related to future performance must be sufficiently substantiated.

Change 17

RemovedArticle 1 – paragraph 1 – point 3, Article 7 – paragraph 7: 7. Where a trader provides a service which compares products, including through a sustainability information tool, information about whether that tool has been pre-approved in accordance with minimum requirements, the method of comparison, the products which are the object of comparison and the suppliers of those products, as well as the measures in place to keep that information up to date, shall be regarded as material.;

AddedArticle 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;

Change 18

RemovedArticle 1 – paragraph 1 – point 3, Article 7 – paragraph 7 a (new): 7a. The Commission is empowered to adopt delegated acts in accordance with Article 16 a to supplement this Directive by establishing minimum requirements in relation to sustainability labels and sustainability information tools. When adopting the delegated act, the Commission shall take into account publicly available award criteria, developed in an independent process and going beyond what is required by Union law 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 put in place compliance and dispute resolution mechanisms as well as a periodic revision of the award criteria. If a sustainability label or a sustainability information tool is focused on one particular environmental aspect, this shall be clearly and prominently communicated to consumers. For the sake of transparency, all pre-approved sustainability labels and sustainability information tools shall be published in a publicly available online register, which is to be updated regularly by the competent national authorities.

AddedArticle 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;

Change 19

RemovedArticle 1 – paragraph 1 – point 3, Article 7 – paragraph 7 b (new): 7b. The Commission shall adopt an implementing act specifying the details of the approval procedure for sustainability labels and sustainability information tools referred to in paragraph 8. / This implementing act shall be adopted in accordance with the advisory procedure referred to in Article 16b.

AddedArticle 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.

Change 20

RemovedArticle 1 – paragraph 1 – point 3 a (new), Article 16 a (new): (3a) The following Article 16a is inserted: / ‘Article 16a / Exercise of the delegation / 1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article. / 2. The power to adopt delegated acts referred to in Article 7(8) shall be conferred on the Commission for a period of 6 years from [one month after entry into force of this act]. / 3. The delegation of power referred to in Article 7(8) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force. / 4. Before adopting a delegated act, the Commission shall consult experts designated by each Member State acting in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making. / 5. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council. / 6. A delegated act adopted pursuant to Article 7(8) shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the…

AddedArticle 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.;

Change 21

RemovedArticle 1 – paragraph 1 – point 3 b (new), Article 16 b (new): (3b) The following Article 16b is inserted: / ‘Article 16b / Committee procedure / 1. The Commission shall be assisted by a Committee. That Committee shall be a committee within the meaning of Regulation (EU) No 182/2011. / 2. Where reference is made to this paragraph, Article 4 of Regulation (EU) No 182/2011 shall apply.’

AddedArticle 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;’

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

AddedDirective 2005/29/EC

AddedArticle 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;

AddedDirective 2005/29/EC

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AddedArticle 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.

Change 22

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

Change 23

RemovedArticle 2 – paragraph 1 – point 1 – point b, Article 2 – paragraph 1 – point 14e: (14e) ‘software update’ means a free update, either a security update or any other functionality or feature update, that is necessary to keep goods with digital elements, digital content and digital services in conformity in accordance with Directives (EU) 2019/770 and (EU) 2019/771;;

AddedArticle 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;

Change 24

ChangedArticle 2 – paragraph 1 – point 2 – point -a (new),a, Article 52 – paragraph 1 – point e: (-a) In-a Article(new): 5,(-a) point (e) of paragraph 1 is deleted.deleted;

Change 25

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

Change 26

ChangedArticle 2 – paragraph 1 – point 2 – point a, Article 5 – paragraph 1 – point ea: (ea) a label indicating the guaranteed lifespan offor theall goods, the digital contenta andlabel theas digitalset services,out including,in asAnnex aZ minimum,indicating the duration of the legal guarantee of conformity,conformity andand, whereif applicable,relevant, theits existencevoluntary andextension in the conditionsform of after-salesa servicescommercial andguarantee commercialof guarantees;durability;

Change 27

RemovedThe commercial guarantee is not sufficient to properly inform consumers about the durability of products as it is voluntary and under unregulated conditions left to the discretion of the producer. Moreover, 2015 European Commission study on legal and commercial guarantees found that only 41 % of respondents knew the length of the legal guarantee period was 2 years. With this amendment, the Rapporteur wants to align durability information with guarantee under which consumer has rights without additional cost. By guaranteed lifespan label the consumer will be informed both on durability and consumer's rights. It will also encourage competition among producers to expand the duration of the minimum legal guarantee of conformity.

Change 28

ChangedArticle 2 – paragraph 1 – point 2 – point a, Article 5 – paragraph 1 – point ec: (ec) for goods with digital elements, the minimum period from thein timeunits of purchasetime, inafter unitsthe date of timeplacement on the market, during which the producer provides software updates, including,which covers, as a minimum, the mandatory period as provided for whichin Union law and its voluntary extension, where the updatesproducer shallmakes besuch providedinformation inavailable accordancefor withwhich the applicableupdates Unionshall law;be provided;

Change 29

ChangedArticle 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 periodperiod, after the date of placement on the market, in units of time during which the provider provides software updatesupdates, including,which covers, as a minimum, the mandatory period forduring which the updates shall be provided in accordance with the applicable Union law;

Change 30

ChangedArticle 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 affordabilitymaximum price expected of the spare parts necessary to repair a product,goods, including the lengthminimum period, after the purchase of the periodgood, during which spare parts and accessories are available, the procedure of ordering them, and about the availability of a user and repair manualmanual, as well as the availability of diagnosis and repair tools and services;services.’;

Change 31

RemovedArticle 2 – paragraph 1 – point 3 – point a, Article 6 – paragraph 1 – point ma: (ma) the guaranteed lifespan label expressed in units of time for the goods, digital content and digital services, including, as a minimum, the duration of the legal guarantee of conformity;

AddedArticle 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’.

Change 32

AddedArticle 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.’;

AddedDirective 2011/83/EU

AddedArticle 2 – paragraph 1 – point 2 – point b b (new), Article 5 – paragraph 1 b (new): (bb) the following paragraph 1 b is inserted: / “1b. The producer shall make all relevant information, including information listed in points ea, eb, ec, i and j, 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.”

AddedDirective 2011/83/EU

AddedArticle 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;’;

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

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AddedDirective 2011/83/EU

AddedArticle 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;

AddedDirective 2011/83/EU

Change 33

ChangedArticle 2 – paragraph 1 – point 3 – point a, Article 6 – paragraph 1 – point mc: (mc) for goods with digital elements, the minimum period from thein timeunits of purchasetime, inafter unitsthe date of timeplacement on the market, during which the producer provides software updates, including,which covers as a minimum, the mandatory period as provided for whichin Union law and its voluntary extension, where the updatesproducer shallmakes besuch providedinformation inavailable, accordancefor withwhich Unionthe law;updates shall be provided;

Change 34

ChangedArticle 2 – paragraph 1 – point 3 – point a, Article 6 – paragraph 1 – point md: (md)(mc) for digital content and digital services, where their provider is different from the trader, the minimum periodperiod, after the date of placement on the market, in units of time during which the provider provides software updates, including,which covers, as a minimum, the mandatory period forduring which the updates shall be provided in accordance with the applicable Union law;law;’

Change 35

ChangedArticle 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 affordabilitymaximum price expected of the spare parts necessary to repair goods, including the lengthminimum period, after the purchase of the periodgood, during which spare parts and accessories are available, the procedure of ordering them, and about the availability of a user and repair manualmanual, as well as the availability of diagnosis and repair tools and services.services.’;

Change 36

ChangedDirective 2005/29/EC2011/83/EU

Change 37

RemovedAnnex I – paragraph 1 – point 1, Annex I – point 2a: 2a. Displaying a sustainability label or using sustainability information tools which were not pre-approved by a national competent authority in accordance with the minimum requirements for sustainability labels and sustainability information tools laid down by the Commission in a delegated act.

AddedArticle 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.

RemovedIn order to effectively remove all misleading, unclear and unsubstantiated labels and sustainability information tools used on the EU market and at the same significantly increase consumers’ confidence and trust in these labels, a requirement for a pre-approval of sustainability labels and sustainability information tools shall be introduced. According to the Impact Assessment such scheme would have a significant positive impact not only on consumers but also on business. Such approach would increase legal certainty and enable more efficient market surveillance.

AddedDirective 2011/83/EU

RemovedDirective 2005/29/EC

AddedArticle 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.”

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RemovedAnnex I – paragraph 1 – point 2, Annex I – point 4b: 4b. Making an environmental claim about the entire product or the trader’s business when it actually concerns only a certain aspect of the product or of the trader’s business;

AddedArticle 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.

RemovedDirective 2005/29/EC

AddedArticle 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.

RemovedAnnex I – paragraph 1 – point 2, Annex I – point 4c (new): 4c. Making an environmental claim which cannot be substantiated in accordance with legal requirements;

AddedAnnex 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.

RemovedDirective 2005/29/EC

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

RemovedAnnex I – paragraph 1 – point 2, Annex I – point 4 d (new): 4d. Claiming that a good has a neutral or positive greenhouse gas emissions’ impact on the environment;

AddedDirective 2005/29/EU

RemovedCarbon neutral claims are highly misleading to consumers as they imply neutrality and no impact of goods on the environment which is impossible to achieve from the scientific point of view. They are often being justified by the company’s involvement in carbon offsetting projects, which are currently unregulated and about which consumers are not sufficiently informed about and have no means to verify whether they are really robust and reliable.

AddedAnnex I – paragraph 1 – point 2, Annex I – point 4a: 4a. Making a generic environmental claim for which the trader does not provide evidence of the recognised excellent environmental performance relevant to the claim.

Change 38

ChangedDirective 2005/29/EC2005/29/EU

Change 39

RemovedAnnex I – paragraph 1 – point 4, Annex I – point 23d: 23d. Bundling security updates with other software updates.

AddedAnnex I – paragraph 1 – point 2, Annex I – point 4b: 4b. Making an environmental claim about the entire product or the trader’s business when it actually concerns only a certain aspect of the product or of the trader’s business.

RemovedSecurity updates are crucial to keep consumers safe, they don't degrade the functionality or performanse of devices and are subject to cybersecurity guidelines or legislative measures. On the other hand, functionality and other updates can negatively impact the functionality of the device. Therefore, consumer should always be able to download them separately from other types of updates, which they might wish to abstain from.

AddedDirective 2005/29/EU

RemovedDirective 2005/29/EC

AddedAnnex I – paragraph 1 – point 2, Annex I – point 4ba (new): 4ba. Claiming, based on carbon offsetting, that a product has a neutral, reduced, compensated or positive greenhouse gas emissions’ impact on the environment.

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RemovedAnnex I – paragraph 1 – point 4, Annex I – point 23d a (new): 23da. Supplying a software update which will negatively impact the use of goods with digital elements or certain features of those goods even if the software update improves the functioning of other features.

AddedDirective 2005/29/EU

RemovedDirective 2005/29/EC

AddedAnnex I – paragraph 1 – point 2, Annex I – point 4bb (new): 4bb. Making an environmental claim which cannot be substantiated in accordance with legal requirements.

RemovedAnnex I – paragraph 1 – point 4, Annex I – point 23d b (new): 23db. Omitting to inform the consumer in a clear and understandable manner that the update is not necessary to keep the product in conformity.

AddedDirective 2005/29/EU

RemovedDirective 2005/29/EC

AddedAnnex I – paragraph 1 – point 2 a (new), Annex I – point 7a (new): (2 a) the following point7a inserted: / ‘7a. (i) Giving more prominence to certain choices when asking the recipient of an online service for a decision. / (ii) Making the procedure of terminating a service significantly more burdensome than signing up to it.’

RemovedAnnex I – paragraph 1 – point 4, Annex I – point 23e: 23e. Introducing a feature that limits the durability of a good.

RemovedDirective 2005/29/EC

RemovedAnnex I – paragraph 1 – point 4, Annex I – point 23 e a (new): 23ea. Engaging in practices that lead to shortening a product’s lifespan and stimulate the purchase of a new product.

RemovedDirective 2005/29/EC

RemovedAnnex I – paragraph 1 – point 4, Annex I – 23e b (new): 23eb. Marketing a good without fixing, within a reasonable time, a design issue that leads to an early failure of this good.

RemovedExperience has shown that producers and traders are slow to react on complaint against early obsolescence. To ensure highest level of consumer protection, it is crucial that producers and traders discontinue to sell products with feature that limits their durability as soon as possible.

RemovedDirective 2005/29/EC

RemovedAnnex I – paragraph 1 – point 4, Annex I – point 23g: 23g. Marketing a good which does not allow repair in accordance with legal requirements.

Change 40

AddedAnnex I – paragraph 1 – point 3 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 States, 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.’

AddedDirective 2005/29/EU

AddedAnnex I – paragraph 1 – point 4 – introductory part, Annex I – point 4: (4) the following points 23d to 23ib are inserted:

AddedDirective 2005/29/EU

AddedAnnex I – paragraph 1 – point 4, Annex I – point 23d a (new): 23da. Omitting to inform the consumer in a clear and understandable manner that the functionality update is not necessary to keep the product in conformity.

AddedDirective 2005/29/EU

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AddedAnnex I – paragraph 1 – point 4, Annex I – point 23e: 23e. Introducing a feature to limit the durability of a good.

AddedDirective 2005/29/EU

AddedAnnex I – paragraph 1 – point 4, Annex I – point 23e a (new): 23ea. Marketing a good without fixing a design issue, within a reasonable time after it became known, thus leading to the early failure of that good.

AddedDirective 2005/29/EU

AddedAnnex I – paragraph 1 – point 4, Annex I – point 23g: 23g. Marketing a good which does not allow repair in accordance with legal requirements or failing to inform the consumer that a good is not repairable.

AddedDirective 2005/29/EU

Change 41

ChangedDirective 2005/29/EC2005/29/EU

Change 42

RemovedAnnex I – paragraph 1 – point 4, Annex I – point 23h: 23h. Marketing a good that requires replacing the consumables earlier than is necessary for technical reasons.

AddedAnnex I – paragraph 1 – point 4, Annex I – point 23g b (new): 23gb. Omitting to inform the consumer that the trader will refuse to repair a product that has previously been repaired by an independent professional, a non-professional or a user.

Change 43

ChangedDirective 2005/29/EC2005/29/EU

Change 44

ChangedAnnex I – paragraph 1 – point 4, Annex I – point 23i:23h: 23i.23h. Marketing a good that is designed to limit its functionality when using consumables, spare parts orrequires accessoriesreplacing thatthe areconsumables notearlier providedthan bynecessary thefor originaltechnical producer.reasons.

Change 45

ChangedDirective 2005/29/EC2005/29/EU

Change 46

RemovedAnnex I – paragraph 1 – point 4, Annex I – point 23i a (new): 23ia. Marketing a good which is not compliant with the requirements under Directive 2009/125/EC of the European Parliament and of the Council1a. / 1a Directive 2009/125/EC of the European Parliament and of the Council of 21 October 2009 establishing a framework for the setting of ecodesign requirements for energy-related products (OJ L 285 31.10.2009, p. 10).

AddedAnnex I – paragraph 1 – point 4, Annex I – point 23i: 23i. Marketing a product that is designed to limit its functionality when using consumables, spare parts or accessories that are not provided by the original producer.

AddedDirective 2005/29/EU

AddedAnnex I – paragraph 1 – point 4, Annex I – point 23i a (new): 23ia. The same producer or trader offering the same product with disadvantageous terms or a shorter period of commercial guarantee in one or more Member States resulting in a disadvantageous situation for consumers.

AddedDirective 2005/29/EU

AddedAnnex I – paragraph 1 – point 4, Annex I – point 23i b (new): 23ib. Marketing a good which is not compliant with the requirements under Union product legislation.’

Sources & citation

Where the facts on this page come from, and how to cite it.

Data source
Licensed CC BY 4.0.
Retrieved
25 September 2026

Cite as

European Parliament (2023). “Changes between IMCO-PR-736537 and A-9-2023-0099”. Text, 31 March 2023. from IMCO-PR-736537, to A-9-2023-0099. EU Parl Watch Research. https://news.eu-parl.st-solutions.dev/texts/IMCO-PR-736537/compare/A-9-2023-0099 (retrieved 25 September 2026). Data: European Parliament Open Data, https://data.europarl.europa.eu/ (CC BY 4.0).
BibTeX
@misc{epw-text-2023-03-31,
  author = {{European Parliament}},
  title = {{Changes between IMCO-PR-736537 and A-9-2023-0099}},
  year = {2023},
  date = {2023-03-31},
  howpublished = {\url{https://news.eu-parl.st-solutions.dev/texts/IMCO-PR-736537/compare/A-9-2023-0099}},
  url = {https://news.eu-parl.st-solutions.dev/texts/IMCO-PR-736537/compare/A-9-2023-0099},
  urldate = {2026-09-25},
  publisher = {EU Parl Watch Research},
  note = {Text. from IMCO-PR-736537, to A-9-2023-0099. Data: European Parliament Open Data (CC BY 4.0)}
}