Changes from report parliamentary committee draft to plenary report

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;

Directive 2005/29/EC

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;

Directive 2005/29/EC

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.

Directive 2005/29/EC

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;

Directive 2005/29/EC

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.

Directive 2005/29/EC

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;

Directive 2005/29/EC

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;

Directive 2005/29/EC

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.

Directive 2005/29/EC

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.;

Directive 2005/29/EC

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

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.

Directive 2011/83/EU

Change 22

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

Directive 2011/83/EU

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;

Directive 2011/83/EU

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:

Directive 2011/83/EU

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.

Directive 2011/83/EU

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

Directive 2011/83/EU

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;

Directive 2011/83/EU

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;

Directive 2011/83/EU

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.’;

Directive 2011/83/EU

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’.

Directive 2011/83/EU

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.”