Text · Comparison of two versions

Changes from adopted text to adopted text

TA-9-2023-0201 → TA-9-2024-0018

From: TA-9-2023-0201 Adopted text of 11 May 2023
To: TA-9-2024-0018 Adopted text of 17 Jan 2024
Changes: Not comparable
Paragraphs: +16 added · −135 removed · 1 changed

More facts (2)

Title (from): Empowering consumers for the green transition
Title (to): Empowering consumers for the green transition

Title (from): Empowering consumers for the green transition
Title (to): Empowering consumers for the green transition

These two texts have too little in common to be compared paragraph by paragraph (under 15 % of their paragraphs match): they are different documents rather than versions of one — for example a group’s motion and the joint text that was adopted.

Changes that matter, 1

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 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 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.

RemovedRecital 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 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 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 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.

Show 130 more lines

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 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.

RemovedRecital 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.

RemovedRecital 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.

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 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.

RemovedRecital 21: (21) Annex I to Directive 2005/29/EC should also be amended to prohibit marketing goods that are designed in a way that limits their functionality when using consumables, spare parts or accessories that are not provided by the original producer. For example, the marketing of printers that are designed to limit their functionality when using ink cartridges not provided by the original producer of the printer would be prohibited. This practice could mislead consumers into purchasing an alternative ink cartridge which cannot be used for that printer, thus leading to unnecessary repair costs, waste streams or additional costs due to the obligation to use the original producer’s consumables which the consumer could not foresee at the time of purchase. Similarly, marketing smart devices designed to limit their functionality when using chargers or spare parts that are not provided by the original producer would be prohibited as well.

RemovedRecital 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.

AddedP9_TC1-COD(2022)0092

RemovedRecital 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.

AddedPosition of the European Parliament adopted at first reading on 17 January 2024 with a view to the adoption of Directive (EU) 2024/… of the European Parliament and of the Council amending Directives 2005/29/EC and 2011/83/EU as regards empowering consumers for the green transition through better protection against unfair practices and through better information

Removed~~Recital 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.~~

Added(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Directive (EU) 2024/825).

Removed~~Recital 24: deleted~~

Removed~~Recital 25: deleted~~

Removed~~Recital 26: deleted~~

Removed~~Recital 27: deleted~~

RemovedRecital 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.

RemovedRecital 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 period provided for in Union law and its voluntary extension where the producer makes such information available; information should only be provided when this period is longer than the period of the producer’s commercial guarantee.

RemovedRecital 30: (30) Likewise, traders offering digital content and digital services should also inform consumers about the minimum period, 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 should include, as a minimum, the period for which the updates have to be provided for in Union law. The provider will provide this information to the trader in all cases.

RemovedRecital 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 or national law.

RemovedRecital 32: (32) Pursuant to Article 5(1), point (e), and Article 6(1), point (m), of Directive 2011/83/EU traders are obliged to provide the consumer before the consumer is bound by the contract with information on the existence and the conditions of after-sales services, including repair services. 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 maximum price expected of the spare parts necessary to repair a good, including the minimum period after the purchase of the good 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.

RemovedRecital 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 the information that the producer has provided to the trader or has otherwise intended to make readily available to the consumer before the conclusion of the contract, by indicating it on the product itself, its packaging or tags and labels that the consumer would normally consult before concluding the contract. The trader should not be required to actively search for such information from the producer, for example, on the product-specific websites. Where 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 case, the producers should provide the relevant information to traders interacting with consumers. Furthermore, traders should be responsible for further passing on the information to consumers.

RemovedRecital 36 a (new): (36a) The Commission should present easy-to-understand guidelines for businesses with the requirements of this Directive. 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 Directive. The Commission should consult relevant stakeholders, with expertise in the field of marketing.

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

Removed~~Directive 2005/29/EC~~

RemovedArticle 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;

Removed~~Directive 2005/29/EC~~

Removed~~Article 1 – paragraph 1 – point 1, Article 2 – paragraph 1 – point p: deleted~~

Removed~~Directive 2005/29/EC~~

RemovedArticle 1 – paragraph 1 – point 1, Article 2 – paragraph 1 – point q: (q) ‘generic environmental claim’ means an environmental claim, not contained in a sustainability label, where the specification of the claim is not provided in clear and prominent terms on the same medium;

Removed~~Directive 2005/29/EC~~

RemovedArticle 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;

Removed~~Directive 2005/29/EC~~

RemovedArticle 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.

Removed~~Directive 2005/29/EC~~

RemovedArticle 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;

Removed~~Directive 2005/29/EC~~

RemovedArticle 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;

Removed~~Directive 2005/29/EC~~

RemovedArticle 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;

Removed~~Directive 2005/29/EC~~

RemovedArticle 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;

Removed~~Directive 2005/29/EC~~

RemovedArticle 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.

Removed~~Directive 2005/29/EC~~

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.;

Removed~~Directive 2005/29/EC~~

RemovedArticle 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;’

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

Removed~~Directive 2005/29/EC~~

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, 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;

Removed~~Directive 2005/29/EC~~

RemovedArticle 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.

Removed~~Directive 2011/83/EU~~

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

Removed~~Directive 2011/83/EU~~

RemovedArticle 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;

Removed~~Directive 2011/83/EU~~

Removed~~Article 2 – paragraph 1 – point 2 – point a, Article 5 – paragraph 1 – point -a (new): (-a) point (e) is deleted;~~

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

Removed~~Directive 2011/83/EU~~

RemovedArticle 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;

Removed~~Directive 2011/83/EU~~

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

Removed~~Directive 2011/83/EU~~

RemovedArticle 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;

Removed~~Directive 2011/83/EU~~

RemovedArticle 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;

Removed~~Directive 2011/83/EU~~

RemovedArticle 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.’;

Removed~~Directive 2011/83/EU~~

RemovedArticle 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’.

Removed~~Directive 2011/83/EU~~

RemovedArticle 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.’;

Removed~~Directive 2011/83/EU~~

RemovedArticle 2 – paragraph 1 – point 2 – point b b (new), Article 5 – paragraph 1 b (new): (bb) the following paragraph 1b 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.”

Removed~~Directive 2011/83/EU~~

RemovedArticle 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;’;

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

Removed~~Directive 2011/83/EU~~

RemovedArticle 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;

Removed~~Directive 2011/83/EU~~

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

Removed~~Directive 2011/83/EU~~

RemovedArticle 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;

Removed~~Directive 2011/83/EU~~

RemovedArticle 2 – paragraph 1 – point 3 – point a, Article 6 – paragraph 1 – point md: (md) 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;’

Removed~~Directive 2011/83/EU~~

RemovedArticle 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.’;

Removed~~Directive 2011/83/EU~~

RemovedArticle 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.

Removed~~Directive 2011/83/EU~~

RemovedArticle 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.”

RemovedArticle 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.

RemovedArticle 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 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.

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

Removed~~Directive 2005/29/EC~~

RemovedAnnex 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.

Removed~~Directive 2005/29/EC~~

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.

Removed~~Directive 2005/29/EC~~

RemovedAnnex 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.

Removed~~Directive 2005/29/EC~~

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

Removed~~Directive 2005/29/EC~~

RemovedAnnex 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.’

Removed~~Directive 2005/29/EC~~

RemovedAnnex 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.’

Removed~~Directive 2005/29/EC~~

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

Removed~~Directive 2005/29/EC~~

RemovedAnnex 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.

Removed~~Directive 2005/29/EC~~

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

Removed~~Directive 2005/29/EC~~

RemovedAnnex 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.

Removed~~Directive 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 or failing to inform the consumer that a good is not repairable.

Removed~~Directive 2005/29/EC~~

Removed~~Annex I – paragraph 1 – point 4, Annex I – point 23g a (new): 23ga. Omitting to inform the consumer about the unavailability of spare parts and other repair restrictions.~~

Removed~~Directive 2005/29/EC~~

RemovedAnnex 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.

Removed~~Directive 2005/29/EC~~

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

Removed~~Directive 2005/29/EC~~

RemovedAnnex 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.

Removed~~Directive 2005/29/EC~~

RemovedAnnex 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.

Removed~~Directive 2005/29/EC~~

Removed~~Annex 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.

Permalink: https://news.eu-parl.st-solutions.dev/texts/TA-9-2023-0201/compare/TA-9-2024-0018
Data source: European Parliament Open Data
Licensed CC BY 4.0.
Retrieved: 25 September 2026

Cite as

European Parliament (2024). “Changes between TA-9-2023-0201 and TA-9-2024-0018”. Text, 17 January 2024. from TA-9-2023-0201, to TA-9-2024-0018. EU Parl Watch Research. https://news.eu-parl.st-solutions.dev/texts/TA-9-2023-0201/compare/TA-9-2024-0018 (retrieved 25 September 2026). Data: European Parliament Open Data, https://data.europarl.europa.eu/ (CC BY 4.0).

BibTeX

@misc{epw-text-2024-01-17,
  author = {{European Parliament}},
  title = {{Changes between TA-9-2023-0201 and TA-9-2024-0018}},
  year = {2024},
  date = {2024-01-17},
  howpublished = {\url{https://news.eu-parl.st-solutions.dev/texts/TA-9-2023-0201/compare/TA-9-2024-0018}},
  url = {https://news.eu-parl.st-solutions.dev/texts/TA-9-2023-0201/compare/TA-9-2024-0018},
  urldate = {2026-09-25},
  publisher = {EU Parl Watch Research},
  note = {Text. from TA-9-2023-0201, to TA-9-2024-0018. Data: European Parliament Open Data (CC BY 4.0)}
}