Changes from report parliamentary committee draft to plenary report

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;

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

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

Directive 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;

Directive 2011/83/EU

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;’

Directive 2011/83/EU

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.”

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.

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.

Directive 2005/29/EC

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