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Substantiate future environmental claims |
Due Diligence |
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- Description:
- Companies may advertise future environmental performance only where it is supported by the required commitments and implementation plan and regularly independently verified; the verification findings must be available to consumers.
- Frequency:
- Event-triggered
- Check frequency:
- Event-triggered
- Products/Services:
- Products, product categories, brands or companies for which future environmental performance is advertised
- Checking responsibility:
- The company and an independent expert
- Check method:
- Evidence through clear, objective, publicly available and verifiable commitments, a detailed realistic implementation plan with measurable and time-bound targets, and regular verification by an independent expert; findings must be made available to consumers.
- Rule set:
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- Source reference:
- Article 1(2)(b), Directive 2005/29/EC Article 6(2)(d)
- Source excerpt:
- 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 and time-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 made available to consumers;
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Provide information for sustainability comparisons |
Reporting |
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- Description:
- Companies must provide consumers, when offering product comparisons, with material information on the comparison method, the products and suppliers compared, and how the information is kept up to date.
- Frequency:
- Event-triggered
- Check frequency:
- Event-triggered
- Products/Services:
- Services comparing products by environmental, social or circularity characteristics
- Checking responsibility:
- The company providing the comparison service
- Check method:
- Provide information on the comparison method, the products compared, their suppliers and measures to keep the information up to date.
- Rule set:
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- Source reference:
- Article 1(3), Directive 2005/29/EC Article 7(7)
- Source excerpt:
- Where a trader provides a service which compares products and provides the consumer 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, the products which are the object of comparison and the suppliers of those products, as well as the measures in place to keep that information up to date, shall be regarded as material information;
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Verify sustainability-label eligibility |
Due Diligence |
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- Description:
- Companies may display a sustainability label only if it is based on a certification scheme or established by public authorities.
- Frequency:
- Event-triggered
- Check frequency:
- Event-triggered
- Products/Services:
- Products, processes or companies displaying sustainability labels
- Checking responsibility:
- The company
- Check method:
- Verify that the label is based on a certification scheme or established by a public authority.
- Rule set:
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- Source reference:
- Annex, point (1), inserting Annex I point 2a to Directive 2005/29/EC
- Source excerpt:
- Displaying a sustainability label that is not based on a certification scheme or not established by public authorities.
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Substantiate generic environmental claims |
Due Diligence |
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- Description:
- Companies must demonstrate recognised excellent environmental performance before using a generic environmental claim.
- Frequency:
- Event-triggered
- Check frequency:
- Event-triggered
- Products/Services:
- Products, product categories, brands or companies subject to generic environmental claims
- Checking responsibility:
- The company
- Check method:
- Demonstrate recognised excellent environmental performance relevant to the claim.
- Rule set:
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- Source reference:
- Annex, point (2), inserting Annex I point 4a to Directive 2005/29/EC
- Source excerpt:
- Making a generic environmental claim for which the trader is not able to demonstrate recognised excellent environmental performance relevant to the claim.
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Disclose negative update effects |
Reporting |
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- Description:
- Companies must not withhold information that a software update will negatively affect functionality.
- Frequency:
- Event-triggered
- Check frequency:
- Event-triggered
- Products/Services:
- Goods with digital elements, digital content and digital services
- Checking responsibility:
- The company
- Check method:
- Provide clear information about negative effects of a software update on functionality.
- Rule set:
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- Source reference:
- Annex, point (4), inserting Annex I point 23d to Directive 2005/29/EC
- Source excerpt:
- Withholding information from the consumer about the fact that a software update will negatively impact the functioning of goods with digital elements or the use of digital content or digital services.
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Present software updates accurately |
Governance |
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- Description:
- Companies must not present a software update that only enhances functionality features as necessary to keep the product in conformity.
- Frequency:
- Event-triggered
- Check frequency:
- Event-triggered
- Products/Services:
- Goods with digital elements, digital content and digital services
- Checking responsibility:
- The company
- Check method:
- Assess whether the update only enhances functionality features.
- Rule set:
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- Source reference:
- Annex, point (4), inserting Annex I point 23e to Directive 2005/29/EC
- Source excerpt:
- Presenting a software update as necessary when it only enhances functionality features.
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Refrain from advertising durability-limiting goods |
Other |
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- Description:
- Companies must not make commercial communications for goods containing a feature introduced to limit durability where information about the feature and its effects is available.
- Frequency:
- Event-triggered
- Check frequency:
- Event-triggered
- Products/Services:
- Goods
- Checking responsibility:
- The company
- Check method:
- Assess available information about features limiting durability and their effects.
- Rule set:
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- Source reference:
- Annex, point (4), inserting Annex I point 23f to Directive 2005/29/EC
- Source excerpt:
- 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.
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Make truthful durability claims |
Due Diligence |
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- Description:
- Companies must not falsely claim that goods have a certain durability under normal conditions of use.
- Frequency:
- Event-triggered
- Check frequency:
- Event-triggered
- Products/Services:
- Goods
- Checking responsibility:
- The company
- Check method:
- Verify that durability claims are accurate under normal conditions of use.
- Rule set:
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- Source reference:
- Annex, point (4), inserting Annex I point 23g to Directive 2005/29/EC
- Source excerpt:
- Falsely claiming that under normal conditions of use a good has a certain durability in terms of usage time or intensity.
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Represent reparability accurately |
Due Diligence |
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- Description:
- Companies must not present goods as allowing repair when repair is not possible.
- Frequency:
- Event-triggered
- Check frequency:
- Event-triggered
- Products/Services:
- Goods represented as repairable
- Checking responsibility:
- The company
- Check method:
- Verify that the good can actually be repaired.
- Rule set:
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- Source reference:
- Annex, point (4), inserting Annex I point 23h to Directive 2005/29/EC
- Source excerpt:
- Presenting a good as allowing repair when it does not.
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Do not induce premature consumable replacement |
Other |
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- Description:
- Companies must not induce consumers to replace or replenish consumables earlier than technically necessary.
- Frequency:
- Event-triggered
- Check frequency:
- Event-triggered
- Products/Services:
- Goods containing consumables
- Checking responsibility:
- The company
- Check method:
- Assess whether replacement or replenishment is technically necessary.
- Rule set:
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- Source reference:
- Annex, point (4), inserting Annex I point 23i to Directive 2005/29/EC
- Source excerpt:
- Inducing the consumer to replace or replenish the consumables of a good earlier than necessary for technical reasons.
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Disclose effects of non-original components |
Reporting |
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- Description:
- Companies must not withhold information about functionality impairment caused by non-original components or falsely claim that such impairment will occur.
- Frequency:
- Event-triggered
- Check frequency:
- Event-triggered
- Products/Services:
- Goods using consumables, spare parts or accessories
- Checking responsibility:
- The company
- Check method:
- Disclose functionality impairment when non-original components are used and do not make false claims about such impairment.
- Rule set:
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- Source reference:
- Annex, point (4), inserting Annex I point 23j to Directive 2005/29/EC
- Source excerpt:
- Withholding information concerning the impairment of the functionality of a good when 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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Provide pre-contractual sustainability information |
Reporting |
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- Description:
- Companies must provide consumers before conclusion of the contract with information on durability, reparability and, where applicable, software updates.
- Frequency:
- Event-triggered
- Check frequency:
- Event-triggered
- Products/Services:
- Goods, digital content and digital services offered to consumers before conclusion of a contract
- Checking responsibility:
- The company
- Check method:
- Provide the information clearly, comprehensibly and accessibly before the consumer is bound by the contract.
- Rule set:
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- Source reference:
- Recital (25)
- Source excerpt:
- 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 during which free software updates are available.
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Disclose commercial durability guarantees with the label |
Reporting |
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- Description:
- Companies must prominently inform consumers about a relevant commercial guarantee of durability and use the harmonised label where the producer has made the information available.
- Frequency:
- Event-triggered
- Check frequency:
- Event-triggered
- Products/Services:
- Goods covered by a producer's free commercial guarantee of durability lasting more than two years
- Checking responsibility:
- The company, where the producer makes the information available
- Check method:
- Use the harmonised label prominently and state the existence and duration of the guarantee together with a reminder of the legal guarantee of conformity.
- Rule set:
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- Source reference:
- Article 2(2)(b), Directive 2011/83/EU Article 5(1)(ea)
- Source excerpt:
- where the producer offers the consumer a commercial guarantee of durability at no additional cost, covering the entire good and with a duration of 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;
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Provide repair information |
Reporting |
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- Description:
- Companies must provide, where applicable, the reparability score or, alternatively, information on spare parts, repair and maintenance instructions and repair restrictions.
- Frequency:
- Event-triggered
- Check frequency:
- Event-triggered
- Products/Services:
- Goods, digital content and digital services
- Checking responsibility:
- The company; spare-part and repair information must have been made available by the producer where required
- Check method:
- Provide the applicable reparability score or repair information before conclusion of the contract.
- Rule set:
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- Source reference:
- Article 2(2)(c), Directive 2011/83/EU Article 5(1)(i)
- Source excerpt:
- where applicable, the reparability score for the goods;
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Display information immediately before online ordering |
Reporting |
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- Description:
- Companies must display the prescribed information clearly and prominently directly before the order in electronic distance contracts involving an obligation to pay.
- Frequency:
- Event-triggered
- Check frequency:
- Event-triggered
- Products/Services:
- Goods, digital content and digital services offered online or away from business premises
- Checking responsibility:
- The company
- Check method:
- Display prominently and directly before the order where an electronic distance contract places the consumer under an obligation to pay.
- Rule set:
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- Source reference:
- Article 2(4), Directive 2011/83/EU Article 8(2)
- Source excerpt:
- If a distance contract to be concluded by electronic means places the consumer under an obligation to pay, the trader shall make the consumer aware in a clear and prominent manner, and directly before the consumer places his order, of the information provided for in Article 6(1), points (a), (e), (la), (o) and (p).
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Emtract Ingest