Work is progressing at technical level in the EU Council bodies on the proposed Directive to empower EU consumers to play an active role in the green transition.
With this proposal, presented on 30 March, the Commission intends to amend EU legislation to give consumers a right to information on the lifetime and reparability of products (amendment of Directive 2011/83/EU ‘Consumer Rights’) and to better protect them against non-credible environmental claims (greenwashing) and early product obsolescence (amendment of Directive 2005/29/EC ‘Unfair Commercial Practices’) (see EUROPE 12922/4).
The Czech Presidency of the EU Council submitted a draft compromise to the EU Council’s Consumer Working Group on 28 September.
This document, consulted by EUROPE, specifies certain provisions to stimulate the market for sustainable products, an objective also pursued by the proposal for a Regulation on ecodesign for sustainable products (see EUROPE 13032/3).
Right to information on the sustainability of products. In order for consumers to make better informed decisions and thus stimulate the demand and supply of more durable goods, they must not be misled about the durability and reparability of a product, the compromise under consideration states.
For goods with digital elements, content and services, consumers should be informed of the period during which free software updates are available.
Greenwashing and early obsolescence. Under the proposed compromise, these practices would in future be prohibited under the Unfair Commercial Practices Directive, as proposed by the Commission. The Czech Presidency’s compromise specifies that for environmental/climate claims not supported by commitments, consumers should be able to consult the findings of independent monitoring systems and thus be able to take note of the relevant evidence indicating the producer’s progress.
The text also provides that recognition of excellent environmental performance may be based on the Community Eco-Management and Audit Scheme (EMAS), in accordance with Regulation (EC) No 1221/2009.
Furthermore, it supports the prohibition on presenting as a ‘plus’ the mere fulfilment of the requirements imposed by law on all products of a product category on the EU market - whether or not the goods are produced in the EU. However, it provides an exception to this prohibition for commercial practices that promote compliance by traders or products with legal requirements that apply only to certain products, but not to other competing products in the same category.
For example, fish products caught using EU-prescribed sustainable fishing methods should be allowed to advertise their compliance with EU legal requirements, as not all fish offered on the European market must have been caught in compliance with these requirements, the compromise says.
To see the draft compromise: https://aeur.eu/f/3cq (Original version in French by Aminata Niang)