Council of theEuropean Union
Brussels, 19 January 2024
(OR. en)5417/24
Interinstitutional File:2022/0092(COD)
CODEC 75
CONSOM 16
MI 38
COMPET 48
ENER 18
ENV 47
SUSTDEV 5
DIGIT 8PE 6
INFORMATION NOTE
From:
To:

General Secretariat of the Council
Permanent Representatives Committee/Council

Subject:

Proposal for a DIRECTIVE 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 better information- Outcome of the European Parliament's first reading(Strasbourg, 15 to 18 January 2024)I.

INTRODUCTION

In accordance with the provisions of Article 294 of the TFEU and the Joint declaration on practicalarrangements for the codecision procedure1, a number of informal contacts have taken place
between the Council, the European Parliament and the Commission with a view to reaching anagreement on this file at first reading.
In this context, the Chair of the Committee on Internal Market and Consumer Protection (IMCO)
Anna CAVAZZINI (Greens/EFA, DE) presented on behalf of IMCO a compromise amendment(amendment number 91) to the abovementioned proposal for a Directive, for which Biljana
BORZAN (S&D, HR) had prepared a draft report. This amendment had been agreed during theinformal contacts referred to above. No other amendments were tabled.
1

OJ C 145, 30.6.2007, p.5.

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II.

VOTE

When it voted on 17 January 2024, the plenary adopted the compromise amendment (amendment
number 91) to the abovementioned proposal for a Directive. The Commission’s proposal as thus
amended constitutes the Parliament's first-reading position which is contained in its legislative
resolution as set out in the Annex hereto2.
The Parliament's position reflects what had been previously agreed between the institutions. The
Council should therefore be in a position to approve the Parliament's position.
The act would then be adopted in the wording which corresponds to the Parliament's position.

2

The version of the Parliament's position in the legislative resolution has been marked up to
indicate the changes made by the amendments to the Commission's proposal. Additions to theCommission's text are highlighted in bold and italics. The symbol " ▌" indicates deleted text.

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ANNEX(17.1.2024)

Empowering consumers for the green transition
European Parliament legislative resolution of 17 January 2024 on the proposal for a directiveof the European Parliament and of the Council on amending Directives 2005/29/EC and2011/83/EU as regards empowering consumers for the green transition through better
protection against unfair practices and better information (COM(2022)0143 – C9-0128/2022 –2022/0092(COD))(Ordinary legislative procedure: first reading)
The European Parliament,–

having regard to the Commission proposal to Parliament and the Council (COM(2022)0143),–

having regard to Article 294(2) and Article 114 of the Treaty on the Functioning of theEuropean Union, pursuant to which the Commission submitted the proposal to Parliament(C9-0128/2022),–

having regard to Article 294(3) of the Treaty on the Functioning of the European Union,–

having regard to the opinion of the European Economic and Social Committee of 13 July
20221,–

having regard to the provisional agreement approved by the committee responsible under
Rule 74(4) of its Rules of Procedure and the undertaking given by the Council representativeby letter of 25 October 2023 to approve Parliament’s position, in accordance with
Article 294(4) of the Treaty on the Functioning of the European Union,–

having regard to Rule 59 of its Rules of Procedure,–

having regard to the opinion of the Committee on the Environment, Public Health and Food
Safety,–having regard to the report of the Committee on the Internal Market and Consumer Protection(A9-0099/2023),

1.

Adopts its position at first reading hereinafter set out2;2.

Calls on the Commission to refer the matter to Parliament again if it replaces, substantiallyamends or intends to substantially amend its proposal;

3.

Instructs its President to forward its position to the Council, the Commission and the national
parliaments.

1

OJ C 443, 22.11.2022, p. 75.
This position replaces the amendments adopted on 11 May 2023 (Texts adopted,
P9_TA(2023)0201).

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P9_TC1-COD(2022)0092
Position of the European Parliament adopted at first reading on 17 January 2024 with a viewto 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 thegreen transition through better protection against unfair practices and through better
information(Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 114
thereof,
Having regard to the proposal from the European Commission,
After transmission of the draft legislative act to the national parliaments,
Having regard to the opinion of the European Economic and Social Committee1,
Acting in accordance with the ordinary legislative procedure2,

1
2

OJ C 443, 22.11.2022, p. 75.
Position of the European Parliament of 17 January 2024.

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In order to contribute to the proper functioning of the internal market, based on a highlevel of consumer protection and environmental protection, and to make progress in thegreen transition, it is essential that consumers can make informed purchasing decisions
and thus contribute to more sustainable consumption patterns. That implies that traders
have a responsibility to provide clear, relevant and reliable information. Therefore,
specific rules should be introduced in Union consumer law to tackle unfair commercial
practices that mislead consumers and prevent them from making sustainable consumption
choices, such as practices associated with the early obsolescence of goods, misleading
environmental claims (‘greenwashing’), misleading information about the social
characteristics of products or traders’ businesses, or non-transparent and non-credible
sustainability labels. Those rules will enable competent national bodies to effectively
address such practices. Ensuring that environmental claims are fair, understandable andreliable will allow traders to operate on a level playing field and will enable consumers
to choose products that are genuinely better for the environment than competing products.
This will encourage competition leading to more environmentally sustainable products,
thereby reducing the negative impact on the environment.

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(2)

Those new rules should be introduced through amending Articles 6 and 7 of Directive
2005/29/EC of the European Parliament and of the Council3 with regard to commercial
practices that are considered to be misleading, and therefore prohibited, on the basis of acase-by-case assessment, and through amending Annex I to Directive 2005/29/EC, withthe addition of specific misleading practices which are in all circumstances considered
unfair, and therefore prohibited. As already laid down in Directive 2005/29/EC, it shouldstill be possible to consider that a commercial practice is unfair on the basis of Articles 5
to 9 of that Directive, even though that particular practice is not listed as an unfair
commercial practice in Annex I to Directive 2005/29/EC.

3

Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005
concerning unfair business-to-consumer commercial practices in the internal market andamending Council Directive 84/450/EEC, Directives 97/7/EC, 98/27/EC and 2002/65/EC of
the European Parliament and of the Council and Regulation (EC) No 2006/2004 of theEuropean Parliament and of the Council (‘Unfair Commercial Practices Directive’) (OJ L
149, 11.6.2005, p. 22).

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(3)

In order for consumers to be empowered to take better-informed decisions and thus
stimulate the demand for, and the supply of, more sustainable goods, they should not be
misled about a product’s environmental or social characteristics or circularity aspects,
such as durability, reparability or recyclability, through the overall presentation of a
product. Article 6(1) of Directive 2005/29/EC should therefore be amended by adding ▌environmental and social characteristics and circularity aspects to the list of the main
characteristics of a product in respect of which a trader’s practices can be considered
misleading, following a case-by-case assessment. Information provided by traders on thesocial characteristics of a product throughout its value chain can relate, for example, tothe quality and fairness of working conditions of the workforce involved, such asadequate wages, social protection, the safety of the work environment and social
dialogue. Such information can also relate to respect for human rights, to equal
treatment and opportunities for all, including gender equality, inclusion and diversity, tocontributions to social initiatives or to ethical commitments, such as animal welfare. The
environmental and social characteristics of a product can be understood in a broad
sense, encompassing the environmental and social aspects, impact and performance of a
product.

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(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, where they are notsupported by clear, objective, publicly available and verifiable commitments and targets
given by the trader and set out in a detailed and realistic implementation plan that shows
how those commitments and targets will be achieved and that allocates resources to that
end. That implementation plan should include all the relevant elements necessary to
fulfil the commitments, such as budgetary resources and technological developments,
where appropriate and in accordance with Union law. Such claims should also beverified by a third party expert, who should be independent from the trader, free fromany conflicts of interest, with experience and competence in environmental issues andwho should be able to monitor the progress of the trader regularly with regard to thecommitments and targets, including the milestones for achieving them. Traders should
ensure that the regular findings of the third party expert are available to consumers.

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(5)

Another potentially misleading commercial practice to be added to the specific practices
referred to in Article 6(2) of Directive 2005/29/EC is advertising benefits to consumers
that are irrelevant and not directly related to any feature of that specific product orbusiness and which could mislead consumers into believing that they are more beneficial
to consumers, the environment or society than other products or traders’ businesses ofthe same type, for example, claiming that a particular brand of bottled water is glutenfree or claiming that paper sheets do not contain plastic.

(6)

Comparing products based on their environmental or social characteristics or circularity
aspects, such as durability, reparability or recyclability, is an increasingly common
marketing technique that could mislead consumers, who are not always able to assess thereliability 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 traders toprovide consumers with information about the method of 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 relying on such comparisons. It should be ensured that suchcomparisons are objective by, in particular, comparing products which serve the samefunction, using a common method and common assumptions, and comparing material andverifiable features of the products being compared.

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(7)

Sustainability labels can relate to many characteristics of a product, process or business,and it is essential to ensure their transparency and credibility. Therefore, the displaying
of sustainability labels which are not based on a certification scheme, or which have notbeen established by public authorities should be prohibited by including such practices in
the list in Annex I to Directive 2005/29/EC. Before displaying a sustainability label, thetrader should ensure that, according to the publicly available terms of the certification
scheme, it meets minimum conditions of transparency and credibility, including theexistence of objective monitoring of compliance with the requirements of the scheme.
Such monitoring should be carried out by a third party whose competence andindependence from both the scheme owner and the trader are ensured based oninternational, Union or national standards and procedures, for example bydemonstrating compliance with relevant international standards, such as ISO 17065‘Conformity assessment — Requirements for bodies certifying products, processes andservices’ or through the mechanisms provided for in Regulation (EC) No 765/2008 of
the European Parliament and of the Council4. The displaying of sustainability labels
remains possible without a certification scheme when such labels are established by apublic authority, or where additional forms of expression and presentation of food are usedin accordance with Article 35 of Regulation (EU) No 1169/2011 of the European
Parliament and of the Council5. Examples of sustainability labels established by publicauthorities are logos awarded when complying with the requirements of Regulations(EC) No 1221/20096 or (EC) No 66/20107 of the European Parliament and of theCouncil. Some certification marks, as defined in Article 27 of Directive (EU) 2015/2436

4

5

6

7

Regulation (EC) No 765/2008 of the European Parliament and of the Council of 9 July
2008 setting out the requirements for accreditation and repealing Regulation (EEC) No
339/93 (OJ L 218, 13.8.2008, p. 30).
Regulation (EU) No 1169/2011 of the European Parliament and of the Council of 25
October 2011 on the provision of food information to consumers, amending Regulations(EC) No 1924/2006 and (EC) No 1925/2006 of the European Parliament and of theCouncil, and repealing Commission Directive 87/250/EEC, Council Directive 90/496/EEC,
Commission Directive 1999/10/EC, Directive 2000/13/EC of the European Parliament andof the Council, Commission Directives 2002/67/EC and 2008/5/EC and Commission
Regulation (EC) No 608/2004 (OJ L 304, 22.11.2011, p. 18).
Regulation (EC) No 1221/2009 of the European Parliament and of the Council of 25
November 2009 on the voluntary participation by organisations in a Community ecomanagement and audit scheme (EMAS), repealing Regulation (EC) No 761/2001 andCommission Decisions 2001/681/EC and 2006/193/EC (OJ L 342, 22.12.2009, p. 1).
Regulation (EC) No 66/2010 of the European Parliament and of the Council of 25
November 2009 on the EU Ecolabel (OJ L 27, 30.1.2010, p. 1).

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of the European Parliament and of the Council8, can also operate as sustainability
labels if they promote a product, process or business with reference, for example, to its
environmental or social characteristics or both. The trader should be able to display
such certification marks only if they are established by public authorities or based on acertification scheme. That rule complements Annex I, point (4), to Directive 2005/29/EC,
which prohibits the making of a claim that a trader, the commercial practices of a trader ▌or a product have been approved, endorsed or authorised by a public or private body whenthat is not the case, or the making of such a claim without complying with the terms of theapproval, endorsement or authorisation. Voluntary market-based standards and voluntary
public standards for green and sustainable bonds do not primarily target retail investors
and are subject to specific laws. For those reasons, those standards should not be
considered to be sustainability labels under this Directive. It is important that publicauthorities, as far as possible and in compliance with Union law, promote measures tofacilitate access to sustainability labels for small and medium-sized enterprises.
(8)

In cases where the displaying of a sustainability label involves a commercial
communication that suggests or creates the impression that a product has a positive or zero
impact on the environment, or is less damaging to the environment than competingproducts, that sustainability label should also be considered as constituting anenvironmental claim.

8

Directive (EU) 2015/2436 of the European Parliament and of the Council of 16 December
2015 to approximate the laws of the Member States relating to trade marks (OJ L 336,
23.12.2015, p. 1).

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(9)

Annex I to Directive 2005/29/EC should also be amended to prohibit the making of ageneric environmental claim without recognised excellent environmental performance
which is relevant to the claim. Examples of generic environmental claims include‘environmentally friendly’, ‘eco-friendly’, ‘ ▌green’, ‘nature’s friend’, ‘ecological’,‘environmentally correct’, ‘climate friendly’, ‘gentle on the environment’, ‘carbon
friendly’, ‘ ▌ energy efficient’, ‘biodegradable’, ‘biobased’ or similar statements ▌ thatsuggest or create the impression of excellent environmental performance. Such genericenvironmental claims should be prohibited when ▌ recognised excellent environmental
performance cannot be demonstrated. Whenever the specification of the environmental
claim is ▌ provided in clear and prominent terms on the same medium, such as the same
advertising spot, the product’s packaging or online selling interface, the environmental
claim is not considered to be a generic environmental claim. For example, the claim‘climate-friendly packaging’ would be a generic claim, whilst claiming that ‘100% ofenergy used to produce this packaging comes from renewable sources’ would be a
specific claim, which would not fall under this prohibition, without prejudice to otherprovisions of Directive 2005/29/EC remaining applicable to those specific claims.
Furthermore, a claim made in written form or orally combined with implicit claims suchas colours or images could constitute a generic environmental claim.

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(10)

Recognised excellent environmental performance can be demonstrated by compliance with
Regulation (EC) No 66/2010 or with officially recognised EN ISO 14024 ecolabelling
schemes in the Member States, or ▌ by corresponding to top environmental performancefor a specific environmental characteristic in accordance with other applicable Union
laws, such as class A in accordance with Regulation (EU) 2017/1369 of the European
Parliament and of the Council9. The recognised excellent environmental performance inquestion should be relevant to the entire claim. For example, a generic environmental
claim such as ‘energy efficient’ could be made based on recognised excellent
environmental performance in accordance with Regulation (EU) 2017/1369. By contrast, ageneric environmental claim such as ‘biodegradable’ could not be made based onrecognised excellent environmental performance in accordance with Regulation (EC) No
66/2010, insofar as there are no requirements for biodegradability in the specific EU
Ecolabel criteria related to the product in question. Similarly, a trader should not make ageneric claim such as ‘conscious’, ‘sustainable’ or ‘responsible’ based exclusively onrecognised excellent environmental performance, because such claims relate to othercharacteristics in addition to environmental characteristics, such as social
characteristics.

9

Regulation (EU) 2017/1369 of the European Parliament and of the Council of 4 July 2017setting a framework for energy labelling and repealing Directive 2010/30/EU (OJ L 198,
28.7.2017, p. 1).

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(11)

Another misleading commercial practice, which should be prohibited in all circumstances
and thus added to the list in Annex I to Directive 2005/29/EC, is making an environmental
claim about the entire product or the trader’s entire business when it actually concerns
only a certain aspect of the product or a specific, unrepresentative activity of the trader’sbusiness. That ban would apply, for example, when a product is marketed as ‘made withrecycled material’ giving the impression that the entire product is made of recycledmaterial, when in fact only the packaging is made of recycled material, or when a trader
gives the impression that it is only using renewable energy sources when in fact severalof the trader’s business facilities still use fossil fuels. Accordingly, the ban should notprevent a trader from making environmental claims about its entire business, provided
that those claims are accurate and verifiable and that they do not overstate theenvironmental benefit, such as would be the case in the second of those examples, if that
trader were to report a decrease in the use of fossil fuels for its business as a whole.

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(12)

It is particularly important to prohibit the making of claims, based on the offsetting ofgreenhouse gas emissions, that a product, either a good or service has a neutral,
reduced, or positive impact on the environment in terms of greenhouse gas emissions.
Such claims should be prohibited in all circumstances and added to the list in Annex I to
Directive 2005/29/EC as they mislead consumers by making them believe that suchclaims relate to the product itself or to the supply and production of that product, or as
they give the false impression to consumers that the consumption of that product does
not have an environmental impact. Examples of such claims are ‘climate neutral’, ‘CO2
neutral certified’, ‘carbon positive’, ‘climate net zero’, ‘climate compensated’, ‘reduced
climate impact’ and ‘limited CO2 footprint’. Such claims should only be allowed when
they are based on the actual lifecycle impact of the product in question, and not based on
the offsetting of greenhouse gas emissions outside the product’s value chain, as theformer and the latter are not equivalent. Such a prohibition should not prevent
companies from advertising their investments in environmental initiatives, including
carbon credit projects, as long as they provide such information in a way that is not
misleading and that complies with the requirements laid down in Union law.

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(13)

▌ Additional requirements on environmental claims will have to be set in specific Union
legal acts. Those new requirements will contribute to the objective of the communicationof the Commission of 11 December 2019 on The European Green Deal of enabling buyers
to make more sustainable decisions and reduce the risk of greenwashing through reliable,comparable and verifiable information.

(14)

Marketing across the Member States of goods as being identical when, in reality, they
have a significantly different composition or significantly different characteristics could
mislead consumers and cause them to take a transactional decision that they would nototherwise have taken. Such marketing practices are expressly addressed in Article 6(2),point (c), of Directive 2005/29/EC, introduced by Directive (EU) 2019/2161 of theEuropean Parliament and of the Council10 that Member States have had to apply as of
28 May 2022. The Commission will assess and report in 2024 on the application of
Directive (EU) 2019/2161, including Article 6(2), point (c), of Directive 2005/29/EC andwhether those practices should be subject to more stringent requirements, includingprohibition in Annex I. The new provisions against greenwashing practices in thisDirective should also apply to such practices where versions of the same product aremarketed as being identical in different Member States despite having significant
differences as referred to in Article 6(2), point (c), of Directive 2005/29/EC.

10

Directive (EU) 2019/2161 of the European Parliament and of the Council of 27 November
2019 amending Council Directive 93/13/EEC and Directives 98/6/EC, 2005/29/EC and2011/83/EU of the European Parliament and of the Council as regards the better
enforcement and modernisation of Union consumer protection rules (OJ L 328,
18.12.2019, p. 7).

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(15)

Presenting requirements that are imposed by law on all products within the relevant
product category on the Union market, including imported products, as a distinctive featureof the trader’s offer, should ▌ be prohibited in all circumstances and thus added to the list
in Annex I to Directive 2005/29/EC. This prohibition should apply, for example, where a
trader advertises a given product as not including a specific chemical substance when that
substance is already forbidden by law for all products within that product category in theUnion. Conversely, the prohibition should not cover commercial practices promoting
traders’ or products’ compliance with legal requirements that only apply to some products
but not to other competing products of the same category on the Union market, such as
products of non-Union origin. It could be the case that certain products on the market are
required to comply with certain legal requirements while other products in the same
product category are not required to comply with those requirements. For example, as
regards fish products produced sustainably in accordance with Union law, it would beallowed to promote the sustainability characteristics of those products that comply with
Union legal requirements, if fish products of third country origin offered on the Union
market are not required to comply with those Union legal requirements.

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(16)

In order to improve the welfare of consumers, the amendments to ▌ Directive 2005/29/EC
should also address several practices associated with early obsolescence, including planned
early obsolescence practices, understood as a commercial policy involving deliberately
planning or designing a product with a limited lifespan so that it prematurely becomesobsolete or non-functional after a certain period or after a predetermined intensity of use.
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 ▌ waste and increased use of energy andmaterials. Therefore, addressing information related to early obsolescence practices isalso likely to reduce the amount of waste, contributing to a more sustainable consumption.

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(17)

It should also be prohibited under Annex I to Directive 2005/29/EC to withhold
information from consumers about the fact that a software update ▌ will negatively
impact the functioning of goods with digital elements or the use of digital content ordigital services. In general, traders responsible for the development of software updates
are expected to have such information, while in other cases traders can rely on reliable
information provided by, for example, software developers, suppliers or competent
national authorities. For example, when inviting consumers to update the operating
system on their smartphone, the trader should not withhold information from theconsumer that such an update will negatively impact the functioning of any of the featuresof the smartphone, such as the battery, the performance of certain applications or cause
a complete slowdown of the smartphone. The prohibition should apply to any update,including security and functionality updates. For updates, including security updates,that are necessary to keep the good, digital content and digital service in conformity,
Article 8 of Directive (EU) 2019/770 of the European Parliament and of the Council
11and Article 7 of Directive (EU) 2019/771 of the European Parliament and of theCouncil12 should also apply. This is without prejudice to Article 19 of Directive (EU)2019/770.
(18)

Software updates that are security updates are necessary for the secure use of the
product while updates related to enhancing functionality features are not. Therefore,
Directive 2005/29/EC should prohibit the presentation of a software update as necessary
to keep the product in conformity where that update only enhances functionality
features.

1112

Directive (EU) 2019/770 of the European Parliament and of the Council of 20 May 2019
on certain aspects concerning contracts for the supply of digital content and digital services(OJ L 136, 22.5.2019, p. 1).
Directive (EU) 2019/771 of the European Parliament and of the Council of 20 May 2019
on certain aspects concerning contracts for the sale of goods, amending Regulation (EU)2017/2394 and Directive 2009/22/EC, and repealing Directive 1999/44/EC (OJ L 136,
22.5.2019, p. 28).

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(19)

Commercial communications for goods that contain a feature introduced to limit
their durability is a commercial practice that is detrimental to consumers and theenvironment as they encourage the sale of such goods which leads to higher costs
for consumers and unnecessary use of resources, waste production andgreenhouse gas emissions. Such commercial communications should therefore beprohibited when information on the feature and its effects on the durability of thegood are available to the trader. Examples of such features could be software which
stops or downgrades the functionality of the good after a particular period, or ▌ apiece of hardware which is designed to fail after a particular period. It could also be
a design or manufacturing flaw which, although not introduced as a feature forthat purpose, leads to the premature failure of the good, if it is not fixed once
information about the existence and effect of the feature has become available tothe trader. In the context of that prohibition, commercial communications include
communications designed to promote, directly or indirectly, the goods. The
manufacturing of goods and making them available on the market do notconstitute commercial communications. That prohibition should aim to covermainly traders who are also the producers of the goods, as it is they who determine
the durability of the goods. Therefore, in general, when a good is identified as
containing a feature to limit the durability, the producer of that good should be
expected to be aware of that feature and its effect on the durability of that good.
Nevertheless, traders who are not the producers of the goods, such as the sellers,should be targeted by that prohibition where reliable information is available tothem about the feature and its effects on durability, such as a statement from acompetent national authority or information provided by the producer. Therefore,
as soon as such information is available to the trader, the prohibition should apply
irrespective of whether the trader is actually aware or unaware of that
information, for example by neglecting it. For such a commercial practice to beconsidered unfair, it should not be necessary to demonstrate that the purpose of thefeature is to stimulate the replacement of the respective good, but it would be
sufficient to prove that the feature has been introduced to limit the durability of
the good. This prohibition complements and does not affect the remedies available
to consumers in the event of a lack of conformity under Directive (EU) 2019/771.
The use of features limiting the durability of the goods should be distinguished frommanufacturing practices using materials or processes of general low quality resulting

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in limited durability of the goods. Lack of conformity of a good resulting from theuse of low quality materials or processes should continue to be governed by the ruleson the conformity of goods set out in Directive (EU) 2019/771.

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(20)

Another practice which should be prohibited under Annex I to Directive 2005/29/EC is thepractice of falsely claiming that a good has a certain durability in terms of usage time orintensity under normal conditions of use. That would be the case, for instance, if a trader
informs consumers that a washing machine is expected to last a certain number of washingcycles, in accordance with normal expected use indicated in the instructions, while theactual use of the washing machine under the prescribed conditions shows that is not thecase. Such claims are largely made by the producers, as it is they who determine thedurability of the goods. Therefore, in general, traders who are also the producers of thegoods are expected to be aware of false claims regarding the durability of the goods,
whereas other traders such as sellers should rely on reliable information available tothem, for instance based on a statement from a competent national authority or
information provided by the producer. Lack of conformity of a good resulting fromoccasional faults in the manufacturing of a good should continue to be governed by therules on the conformity of goods set out in Directive (EU) 2019/771.

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(21)

Similarly, Annex I to Directive 2005/29/EC should also be amended to prohibit thepresentation of products as allowing repair when such repair is not possible.

(22)

The prohibition of those practices in relation to durability and reparability in Directive
2005/29/EC would provide the consumer protection authorities of Member States with anadditional enforcement tool for better protection of consumers’ interests in cases wheretraders fail to comply with requirements on the durability and reparability of goods under
product-specific Union law.

(23)

Another practice associated with early obsolescence which should be prohibited and added
to the list in Annex I to Directive 2005/29/EC is inducing the consumer to replace orreplenish the consumables of a product earlier than would otherwise be necessary fortechnical reasons. Such practices mislead the consumer into believing that the goods will
no longer function unless their consumables are replaced, thus leading the consumer topurchase more consumables than necessary. For example, the practice of urging theconsumer, via the settings of the printer, to replace the printer ink cartridges before they
are actually empty in order to stimulate the purchase of additional ink cartridges should beprohibited.

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(24)

Annex I to Directive 2005/29/EC should also be amended to prohibit the withholding of
information from the consumer about the impairment of the functionality of a good whenusing consumables, spare parts or accessories that are not provided by the original
producer. For example, if a printer is designed in such a way that its functionality islimited when using ink cartridges not provided by the original producer of the printer, that
information should not be hidden from the consumer because such a practice could
mislead the consumer into purchasing an alternative ink cartridge which cannot be used forthat printer, thus leading to unnecessary ▌ waste streams or additional costs for the
consumer. Similarly, if a smart device is designed in such a way that its functionality islimited when using chargers or spare parts that are not provided by the original producer,that information should not be hidden from the consumer at the time of purchase. It
should also be prohibited to mislead the consumer into believing that using consumables,
spare parts or accessories not supplied by the original producer will impair thefunctionality of a good when this is not the case. In general, traders who are also the
producers of the goods are expected to have that information, whereas other traders
such as sellers should rely on reliable information available to them, for instance basedon a statement from a competent national authority or information provided by the
producer.

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(25)

In order for consumers to take better informed decisions and stimulate demand for, andsupply of, more durable goods, specific information about a product’s durability andreparability 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 during which free software updates areavailable. Therefore, Directive 2011/83/EU of the European Parliament and of theCouncil13 should be amended to provide consumers with pre-contractual information about
durability, reparability and the availability of updates. Information should be provided toconsumers in a clear and comprehensible manner and in line with the accessibility
requirements of Directive (EU) 2019/882 of the European Parliament and of the Council14.
The obligation to provide this information to consumers complements and does not affectthe rights of consumers provided in Directives (EU) 2019/770 and (EU) 2019/771.

13

14

Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on
consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of theEuropean Parliament and of the Council and repealing Council Directive 85/577/EEC and
Directive 97/7/EC of the European Parliament and of the Council (OJ L 304, 22.11.2011, p.
64).
Directive (EU) 2019/882 of the European Parliament and of the Council of 17 April 2019 on
the accessibility requirements for products and services (OJ L 151, 7.6.2019, p. 70).

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(26)

A good indicator of a good’s durability is the producer’s commercial guarantee of
durability within the meaning of Article 17 of Directive (EU) 2019/771. The producer’scommercial guarantee of durability is a commitment from a producer to the consumeron the durability of a good. More specifically, it is a commitment that a good will
maintain its required functions and performance through normal use. In order toinform consumers about the fact that a guarantee of durability is offered for a particular
good, that information should be provided to the consumer using a harmonised label.
Traders selling goods should be required, where the producer makes the information
available to the trader, to inform consumers about the existence and duration of any
commercial guarantee of durability, offered by the producer at no additional cost, covering
the entire good, and with a duration of more than two years. The trader should not be
required to actively seek such information from the producer, for example, by searching
on product-specific websites. To avoid confusing consumers between the commercial
guarantee of durability and the legal guarantee of conformity, consumers should be
reminded on the harmonised label that they also benefit from the legal guarantee ofconformity.

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(27)

Recent reports have shown that consumers are often unaware of their legal rights underDirective (EU) 2019/771. Therefore, a harmonised notice should remind consumers
about the existence and the main elements of the legal guarantee of conformity,
including its minimum duration of two years and a general reference to the possibility
that the duration of the legal guarantee of conformity can be longer under national law.
This will prevent possible confusion with the information on the commercial guaranteeof durability.

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(28)

The harmonised label should be displayed in a prominent manner and used in a waythat allows consumers to easily identify which particular good benefits from acommercial guarantee of durability offered by the producer at no additional cost,covering the entire good, and with a duration of more than two years, for example byplacing the label directly on the packaging of a particular good, by displaying the label
in a prominent manner on the shelf where the goods covered by such a guarantee areplaced or by placing it directly next to the picture of the good in the case of online sale.
Producers offering such commercial guarantees of durability can themselves place theharmonised label directly on the particular good or on its packaging, with the aim of
benefitting from a commercial advantage. Traders should ensure that the harmonisedlabel is clearly visible. Meanwhile, the harmonised notice should provide a generalreminder to the consumers about the legal guarantee of conformity applicable to all
goods in accordance with Directive (EU) 2019/771. The harmonised notice should be
displayed in a prominent manner, for example, on a poster in an eye-catching way on awall in the shop, next to the checkout counter or, in cases of online sale, placed as a
general reminder on the website of the trader selling goods.

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(29)

Implementing powers should be conferred on the Commission as regards the design andcontent of the harmonised label and the harmonised notice. Those powers should be
exercised in accordance with Regulation (EU) No 182/2011 of the European Parliamentand of the Council15.

(30)

In view of the minimum duration of two years of the legal guarantee of conformity as
provided in Directive (EU) 2019/771 and the fact that many product failures occur afterthat time, the trader’s obligation to inform consumers about the existence and duration of
the producer’s commercial guarantee of durability using a harmonised label should only
apply to commercial guarantees of durability that are offered for a period longer than two
years. In addition, the harmonised label should also remind consumers of the existenceof the legal guarantee of conformity.

15

Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16
February 2011 laying down the rules and general principles concerning mechanisms forcontrol by Member States of the Commission’s exercise of implementing powers (OJ L 55,
28.2.2011, p. 13).

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(31)

In order to make it easier for consumers to take an informed transactional decision whencomparing goods before concluding a contract, traders should inform consumers about theexistence and duration of the producer’s commercial guarantee of durability for the entire
good and not for specific components of the good.

(32)

The producer and the seller should remain free to offer other types of commercial
guarantees and after-sales services ▌. However, the information provided to the consumer
about other commercial guarantees or services should not confuse the consumer withregard to the existence and duration of the commercial guarantee of durability offered at
no additional cost by the producer, covering the entire good and with a duration of morethan two years, and for which a harmonised label is used.

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(33)

In order for consumers to make better-informed decisions and 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 during which the
producer commits to provide software updates for such goods, whether expressed as aperiod of time or by reference to a date. Likewise, traders offering digital content anddigital services should inform consumers about the minimum period during which theprovider of the digital content or digital service commits to provide software updates,
including security updates, ▌ necessary to keep the digital content and digital services inconformity. This obligation should ensure that consumers receive this information in a
simple and clear manner allowing them to compare different minimum periods. This iswithout prejudice to the obligations set out in Union law, in particular in Directives (EU)2019/770 and (EU) 2019/771 and, where applicable, product-specific Union law. The
information on software updates should be provided in a manner that is not misleading
under Directive 2005/29/EC. The trader should be obliged to provide this information
only where the producer or provider has made such information available.

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(34)

Pursuant to Article 5(1), point (e), and Article 6(1), point (m), of Directive 2011/83/EU,
before consumers are bound by a contract, traders are obliged to provide consumers withinformation on the existence and the conditions of after-sales services, including repair
services, where such services are provided. In addition, to allow consumers to make an
informed transactional decision and choose goods that are easier to repair, traders should,
where applicable, provide, before consumers are bound by the contract, the reparability
score for the good as provided by the producer and as established at Union level.

(35)▌In order to ensure that consumers are well informed about the reparability of the goods
they purchase, where a reparability score is not established at Union level, traders should
provide ▌ other relevant information on repair that is made available by the producer, suchas information about the availability, estimated cost and procedure for ordering spareparts that are necessary to keep the goods in conformity, the availability of repair andmaintenance instructions and repair restrictions.

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(36)

Traders should provide consumers with the harmonised label, information about theminimum period for updates and information on repair other than the reparability score,
where the producer or provider of the digital content or digital service, if different from thetrader, makes the relevant information available. 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 theconsumer would normally consult before concluding the contract. The trader should not be
required to actively seek such information from the producer, for example, by searching on
the product-specific websites. At the same time, it would be in the interest of the
producers to proactively provide such information to benefit from a commercial
advantage.

(37)

Traders should, where applicable, inform consumers about the availability ofenvironmentally friendly delivery options, such as the delivery of goods by cargo bike orelectric delivery vehicle or the possibility of bundled shipping options.

(38)

If a distance contract that is to be concluded by electronic means places the consumer
under an obligation to pay, the trader should make the consumer aware of theharmonised label, whenever provided, in a clear and prominent manner, and directly
before the consumer places an order to ensure the consumer takes that information into
account.

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(39)

Directives 2005/29/EC and 2011/83/EU should continue to function as a ‘safety net’,ensuring that a high level of consumer protection can be maintained in all sectors bycomplementing sector and product-specific Union law that prevail in case of conflict.

(40)

Since the objectives of this Directive, namely, enabling better-informed transactional
decisions by consumers to promote sustainable consumption, eliminating practices thatcause damage to the sustainable economy and prevent consumers from making sustainableconsumption choices, and ensuring a better and consistent application of the Union
consumer legal framework, cannot be sufficiently achieved by the Member States but canrather, by reason of the Union-wide character of the problem, be better achieved at Unionlevel, the Union may adopt measures, in accordance with the principle of subsidiarity as set
out in Article 5 of the Treaty on European Union. In accordance with the principle ofproportionality as set out in that Article, this Directive does not go beyond what isnecessary to achieve those objectives.

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(41)

In accordance with the Joint Political Declaration of 28 September 2011 of Member States
and the Commission on explanatory documents16, Member States have undertaken toaccompany, in justified cases, the notification of their transposition measures with one ormore documents explaining the relationship between the components of a directive and thecorresponding parts of national transposition instruments. With regard to this Directive, thelegislator considers the transmission of such documents to be justified.

(42)

To facilitate the proper application of this Directive, it is important that the Commission
keeps the guidance documents on Directives 2005/29/EC and 2011/83/EU updated totake into account the content of this Directive,

HAVE ADOPTED THIS DIRECTIVE:

16

OJ C 369, 17.12.2011, p. 14.

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Article 1
Amendments to Directive 2005/29/EC
Directive 2005/29/EC is amended as follows:(1)

in Article 2, the first paragraph is amended as follows:(a) the following point is inserted:‘(ca) “goods” means goods as defined in Article 2, point (5), of Directive (EU) 2019/771
of the European Parliament and of the Council*;------------------------------------------------*

Directive (EU) 2019/771 of the European Parliament and of the Council of 20 May
2019 on certain aspects concerning contracts for the sale of goods, amending
Regulation (EU) 2017/2394 and Directive 2009/22/EC, and repealing Directive
1999/44/EC (OJ L 136, 22.5.2019, p. 28).’;(b)the following points are added:‘(o) “environmental claim” means any message or representation ▌ which is notmandatory under Union or national law, in any form, including text, pictorial,
graphic or symbolic representation, such as 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 zero
impact on the environment or is less damaging to the environment than otherproducts, product categories, brands or traders, or has improved its impact over
time;
▌
(p)

“generic environmental claim” means any ▌ environmental claim made in written ororal form, including through audiovisual media, that is not included on asustainability label and where the specification of the claim is not provided in clear
and prominent terms on the same medium;

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(q)

“sustainability label” means any voluntary trust mark, quality mark or equivalent,either public or private, that aims to set apart and promote a product, a process or abusiness by reference to its environmental or social characteristics, or both, andexcludes any mandatory label required under Union or national law;(r)“certification scheme” means a third-party verification scheme that certifies that a
product, process or business complies with certain requirements, that allows forthe use of a corresponding sustainability label, and the terms of which, including
its requirements, are publicly available and meet the following criteria:(i)the scheme is open under transparent, fair, and non-discriminatory terms to all
traders willing and able to comply with the scheme’s requirements;(ii)

the scheme’s requirements are developed by the scheme owner in
consultation with relevant experts and stakeholders;(iii) the scheme sets out procedures for dealing with non-compliance with thescheme’s requirements and provides for the withdrawal or suspension of theuse of the sustainability label by the trader in case of non-compliance withthe scheme's requirements; and(iv) the monitoring of a trader’s compliance with the scheme’s requirements is
subject to an objective procedure and is carried out by a third party whose
competence and independence from both the scheme owner and the trader are
based on international, Union or national standards and procedures;

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(s)

“recognised excellent environmental performance” means environmental
performance compliant with Regulation (EC) No 66/2010 of the European
Parliament and of the Council* or with national or regional EN ISO 14024 type I
ecolabelling schemes officially recognised in the Member States, or top
environmental performance in accordance with other applicable Union law;(t)“durability” means durability as defined in Article 2, point (13), of Directive (EU)2019/771;(u)“software update” means an update that is necessary to keep goods with digitalelements, digital content and digital services in conformity in accordance with
Directive (EU) 2019/770 of the European Parliament and of the Council** andDirective (EU) 2019/771, including a security update, or a functionality update;(v)“consumable” means any component of a good that is used up recurrently and thatneeds to be replaced or replenished for the good to function as intended;(w) “functionality” means functionality as defined in Article 2, point (9), of Directive(EU) 2019/771.
-----------------------------------------------*

Regulation (EC) No 66/2010 of the European Parliament and of the Council of 25
November 2009 on the EU Ecolabel (OJ L 27, 30.1.2010, p. 1).

**

Directive (EU) 2019/770 of the European Parliament and of the Council of 20 May
2019 on certain aspects concerning contracts for the supply of digital content anddigital services (OJ L 136, 22.5.2019, p. 1).’;5417/24
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(2)

Article 6 is amended as follows:(a)in paragraph 1, point (b) is replaced by the following:‘(b) the main characteristics of the product, such as its availability, benefits, risks,
execution, composition, environmental or social characteristics, accessories,
circularity aspects, such as durability, reparability or recyclability, after-salecustomer 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.’;(b)in paragraph 2, the following points are added:‘(d) making an environmental claim related to future environmental performance
without clear, objective, publicly available and verifiable commitments set out
in a detailed and realistic implementation plan that includes measurable andtime-bound targets and other relevant elements necessary to support its
implementation, such as allocation of resources, and that is regularly
verified by an independent third party expert, whose findings are madeavailable to consumers;

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(e)

advertising benefits to consumers that are irrelevant and do not result fromany feature of the product or business.’;(3)

in Article 7, the following paragraph is added:‘7.

▌ Where a trader provides a service which compares products and provides theconsumer with information on environmental or social characteristics or on
circularity aspects, such as durability, reparability or recyclability, of the products
or suppliers of those products, information about the method of comparison, theproducts which are the object of comparison and the suppliers of those products, aswell as the measures in place to keep that information up to date, shall be regarded asmaterial information.’;(4)

Annex I is amended in accordance with the Annex to this Directive.
Article 2
Amendments to Directive 2011/83/EU

Directive 2011/83/EU is amended as follows:(1)

in Article 2, the following points are inserted:▌

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EN‘(14a)“commercial guarantee of durability” means a producer’s commercial

guarantee of durability as referred to in Article 17 of Directive (EU) 2019/771,
under which the producer is directly liable to the consumer during the entire
period of the commercial guarantee of durability for repair or replacement of
the goods in accordance with Article 14 of Directive (EU) 2019/771,
whenever the goods do not maintain their durability;(14b) “durability” means durability as defined in Article 2, point (13), of Directive(EU) 2019/771;(14c) “producer” means producer as defined in Article 2, point (4), of Directive (EU)2019/771;(14d) “reparability score” means a score expressing the capacity of a good to be
repaired, based on harmonised requirements established at Union level;(14e) “software update” means a free update, including a security update, that isnecessary to keep goods with digital elements, digital content and digital
services in conformity in accordance with Directives (EU) 2019/770 and (EU)2019/771;’;5417/24
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(2)

in Article 5, paragraph 1 is amended as follows:(a)point (e) is replaced by the following:‘(e) a reminder of the existence of the legal guarantee of conformity for goods
and its main elements, including its minimum duration of two years asprovided in Directive (EU) 2019/771, in a prominent manner, using theharmonised notice referred to in Article 22a of this Directive;’;(b)

the following points are inserted:‘(ea) where the producer offers the consumer a commercial guarantee of
durability at no additional cost, covering the entire good and with a durationof more than two years and makes that information available to the trader,the information that that good benefits from such a ▌ guarantee ▌ , its
duration and a reminder of the existence of the legal guarantee of conformity,
in a prominent manner, using the harmonised label referred to in Article
22a;(eb) a reminder of the existence of the legal guarantee of conformity for digitalcontent and digital services;

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(ec) where applicable, the existence and the conditions of after-sales services andcommercial guarantees;(ed) for goods with digital elements, for digital content and for digital services,where the producer or provider makes the information available to the trader,the minimum period, whether expressed as a period of time or by reference to adate, during which the producer or the provider provides software updates.’;(c)the following points are added:‘(i)where applicable, the reparability score for the goods;(j)where point (i) is not applicable and provided that the producer makes theinformation ▌ available to the trader, information about the availability andestimated cost of, and procedure for ordering, spare parts that are necessary
to keep the goods in conformity, ▌ about the availability of repair andmaintenance instructions and about repair restrictions.’;

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(3)

in Article 6, paragraph 1 is amended as follows:(a)point (g) is replaced by the following:‘(g) the arrangements for payment, delivery, including environmentally friendly
delivery options where available, performance, the time by which the trader
undertakes to deliver the goods or to perform the services and, whereapplicable, the trader’s complaint handling policy;’;(b)

point (l) is replaced by the following:‘(l)a reminder of the existence of the legal guarantee of conformity for goods
and its main elements, including its minimum duration of two years asprovided in Directive (EU) 2019/771, in a prominent manner, using theharmonised notice referred to in Article 22a of this Directive;’;(c)5417/24
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the following points are inserted:

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‘(la) where the producer offers the consumer a commercial guarantee of
durability at no additional cost, covering the entire good and with a durationof more than two years, and makes that information available to the trader,the information that that good benefits from such a guarantee, ▌ its duration
and a reminder of the existence of the legal guarantee of conformity, in aprominent manner, using the harmonised label referred to in Article 22a;(lb) a reminder of the existence of the legal guarantee of conformity for digitalcontent and digital services;(lc) for goods with digital elements, for digital content and for digital services,where the producer or the provider makes the information available to thetrader, the minimum period, whether expressed as a period of time or byreference to a date, during which the producer or the provider provides
software updates.’;

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(d)

the following points are added:‘(u) where applicable, the reparability score for the goods;(v)

where point (u) is not applicable and provided that the producer makes theinformation ▌ available to the trader, information about the availability andestimated cost of, and procedure for ordering, spare parts that are necessary
to keep the goods in conformity, ▌ about the availability of repair andmaintenance instructions and about repair restrictions.’;(4)

in Article 8(2), the first subparagraph is replaced by the following:‘2. If a distance contract to be concluded by electronic means places the consumer under anobligation to pay, the trader shall make the consumer aware in a clear and prominentmanner, and directly before the consumer places his order, of the information provided forin Article 6(1), points (a), (e), (la), (o) and (p).’;5417/24
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(5)

the following article is inserted in Chapter V:‘Article 22a
Harmonised notice and harmonised label
1.

In order to ensure that consumers are well informed and can easily understandtheir rights throughout the Union, a harmonised notice shall be used for theprovision of information pursuant to Article 5(1), point (e), and Article 6(1), point(l), and a harmonised label shall be used for the provision of information pursuant
to Article 5(1), point (ea), and Article 6(1), point (la).

2.

By ... [18 months from the date of entry into force of this amending Directive] theCommission shall, by means of implementing acts, specify the design and content
of the harmonised notice referred to in paragraph 1.

3.

The harmonised notice shall contain the main elements of the legal guarantee ofconformity, including its minimum duration of two years as provided in Directive(EU) 2019/771 and a general reference to the possibility that the duration of thelegal guarantee of conformity is longer under national law.

4.

By ... [18 months from the date of entry into force of this amending Directive] theCommission shall, by means of implementing acts, specify the design and content
of the harmonised label referred to in paragraph 1.

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5.

The harmonised notice and the harmonised label shall be easily recognisable andunderstandable for consumers and easy to use and reproduce for traders.

6.

Those implementing acts shall be adopted in accordance with the examination
procedure referred to in Article 27a.’;(6)

the following article is inserted:‘Article 27a
Committee procedure
1.

The Commission shall be assisted by a committee. That committee shall be acommittee within the meaning of Regulation (EU) No 182/2011 of the European
Parliament and of the Council*.

2.

Where reference is made to this paragraph, Article 5 of Regulation (EU) No
182/2011 shall apply.

-----------------------------------------*

Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16
February 2011 laying down the rules and general principles concerning mechanisms
for control by the Member States of the Commission's exercise of implementing
powers (OJ L 55, 28.2.2011, p. 13).’.

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Article 3
Reporting by the Commission and review
By ... [90 months from the date of entry into force of this amending Directive], the Commission
shall submit a report on the application of this Directive to the European Parliament and to theCouncil.
That report shall include an assessment of this Directive’s contribution to enhancing consumer
rights, in particular the effectiveness of the harmonised label and the harmonised notice withregard to improving the availability of commercial guarantees of durability and consumers’
understanding thereof, as well as consumers’ awareness of their rights under the legal guaranteeof conformity. Furthermore, the report shall assess this Directive’s overall contribution to theparticipation of consumers in the green transition and its impact on traders.
That report shall be accompanied, where appropriate, by relevant legislative proposals.
Article 4
Transposition
1.

By ... [24 months from the date of entry into force of this amending Directive], Member
States shall adopt and publish the measures necessary to comply with this Directive. They
shall immediately inform the Commission thereof.

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ENThey shall apply those measures from ... [30 months from the date of entry into force of
this amending Directive].
When Member States adopt those measures, they shall contain a reference to this Directive
or shall be accompanied by such reference on the occasion of their official publication. The
methods of making such reference shall be laid down by Member States.
2.

Member States shall communicate to the Commission the text of the main measures ofnational law which they adopt in the field covered by this Directive.
Article 5
Entry into force

This Directive shall enter into force on the twentieth day following its publication in the Official
Journal of the European Union.
Article 6
Addressees
This Directive is addressed to the Member States.
Done at ...,For the European Parliament

For the Council

The President

The President

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ANNEX
Annex I to Directive 2005/29/EC is amended as follows:(1)

the following point is inserted:‘2a. Displaying a sustainability label that is not based on a certification scheme or not
established by public authorities.’(2)

the following points are inserted:‘4a. ‘Making a generic environmental claim for which the trader is not able todemonstrate recognised excellent environmental performance relevant to the claim.
4b.

Making an environmental claim about the entire product or the trader’s entire
business when it concerns only a certain aspect of the product or a specific activityof the trader’s business.

4c.

Claiming, based on the offsetting of greenhouse gas emissions, that a product has
a neutral, reduced or positive impact on the environment in terms of greenhousegas emissions.’(3)

the following point is inserted:‘10a. Presenting requirements imposed by law on all products within the relevant productcategory on the Union market as a distinctive feature of the trader’s offer.’

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(4)

the following points are inserted:‘23d. Withholding information from the consumer about the fact that a software updatewill negatively impact the functioning of goods with digital elements or the use ofdigital content or digital services.
23e. Presenting a software update as necessary when it only enhances functionality
features.
23f. Any commercial communication in relation to a good containing a feature
introduced to limit its durability despite information on the feature and its effects
on the durability of the good being available to the trader.
23g. Falsely claiming that under normal conditions of use a good has a certain durability
in terms of usage time or intensity.
23h. Presenting a good as allowing repair when it does not ▌ .
23i. Inducing the consumer to replace or replenish the consumables of a good earlier
than necessary for technical reasons ▌ .
23j. Withholding information concerning the impairment of the functionality of a goodwhen consumables, spare parts or accessories not supplied by the original producer
are used, or falsely claiming that such impairment will happen.’

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