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Evidence for future environmental performance claims |
Due Diligence |
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- Description:
- Companies must not make an environmental claim about future environmental performance unless clear, objective, publicly available and verifiable commitments are set out in a detailed and realistic implementation plan with measurable and time-bound targets, necessary resource allocation and regular independent verification. The findings of the independent third-party expert must be made available to consumers.
- Frequency:
- Continuous
- Check frequency:
- Continuous
- Products/Services:
- Products, product categories, brands or companies that are the subject of environmental or sustainability claims
- Checking responsibility:
- -
- Check method:
- Review of claims and underlying evidence before and during the commercial communication
- Rule set:
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- Source reference:
- Artikel 1 Nummer 2 Buchstabe b, Richtlinie 2005/29/EG Artikel 6 Absatz 2 Buchstabe 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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Information for product comparison services |
Reporting |
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- Description:
- Companies providing a service that compares products must provide consumers with information about the comparison method, the products being compared, the suppliers of those products and the measures in place to keep that information up to date.
- Frequency:
- Event-triggered
- Check frequency:
- Event-triggered
- Products/Services:
- Services comparing products and their environmental, social or circularity characteristics
- Checking responsibility:
- -
- Check method:
- Review of the comparison method, compared products, suppliers and updating measures provided in the comparison service
- Rule set:
-
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- Source reference:
- Artikel 1 Nummer 3, Richtlinie 2005/29/EG Artikel 7 Absatz 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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Pre-contractual information on guarantees and updates |
Reporting |
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- Description:
- Companies must provide consumers before contract formation with the required information on legal guarantees of conformity, commercial guarantees of durability, after-sales services and commercial guarantees and, where applicable, the minimum period for software updates.
- Frequency:
- Event-triggered
- Check frequency:
- Event-triggered
- Products/Services:
- Goods, goods with digital elements, digital content and digital services
- Checking responsibility:
- -
- Check method:
- Review of consumer information provided before contract formation and before placing an order
- Rule set:
-
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- Source reference:
- Artikel 2 Nummer 2 Buchstabe a, Richtlinie 2011/83/EU Artikel 5 Absatz 1 Buchstabe e
- Source excerpt:
- a reminder of the existence of the legal guarantee of conformity for goods and its main elements, including its minimum duration of two years as provided in Directive (EU) 2019/771, in a prominent manner, using the harmonised notice referred to in Article 22a of this Directive;
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Provision of repair information |
Reporting |
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- Description:
- Companies must provide consumers before contract formation with the reparability score where applicable. Where no Union-level reparability score applies, they must, provided the producer makes the information available, provide information about spare parts, repair and maintenance instructions and repair restrictions.
- Frequency:
- Event-triggered
- Check frequency:
- Event-triggered
- Products/Services:
- Goods for which a reparability score or relevant repair information is available
- Checking responsibility:
- -
- Check method:
- Review of product information, labels and sales presentation before contract formation
- Rule set:
-
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- Source reference:
- Artikel 2 Nummer 2 Buchstabe c, Richtlinie 2011/83/EU Artikel 5 Absatz 1 Buchstabe i
- Source excerpt:
- where applicable, the reparability score for the goods;
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Information on environmentally friendly delivery options |
Reporting |
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- Description:
- Companies must inform consumers about environmentally friendly delivery options where available.
- Frequency:
- Event-triggered
- Check frequency:
- Event-triggered
- Products/Services:
- Goods and services for which environmentally friendly delivery options are available
- Checking responsibility:
- -
- Check method:
- Review of payment, delivery and performance information in the sales process
- Rule set:
-
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- Source reference:
- Artikel 2 Nummer 3 Buchstabe a, Richtlinie 2011/83/EU Artikel 6 Absatz 1 Buchstabe g
- Source excerpt:
- 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, where applicable, the trader’s complaint handling policy;
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Information on software update periods |
Reporting |
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- Description:
- Companies must inform consumers of the minimum period during which the producer or provider provides software updates, where that information has been made available to the company.
- Frequency:
- Event-triggered
- Check frequency:
- Event-triggered
- Products/Services:
- Goods with digital elements, digital content and digital services
- Checking responsibility:
- -
- Check method:
- Review of information made available by the producer or provider and its presentation before contract formation
- Rule set:
-
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- Source reference:
- Artikel 2 Nummer 2 Buchstabe b, Richtlinie 2011/83/EU Artikel 5 Absatz 1 Buchstabe ed
- Source excerpt:
- 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 a date, during which the producer or the provider provides software updates.
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Use of the harmonised label |
Governance |
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- Description:
- Companies must use the harmonised label in a clearly visible manner where the producer offers a free commercial guarantee of durability for the entire good for more than two years and makes the information available to the company.
- Frequency:
- Event-triggered
- Check frequency:
- Event-triggered
- Products/Services:
- Goods covered by a producer’s free commercial guarantee of durability for the entire good for more than two years
- Checking responsibility:
- -
- Check method:
- Review of whether the harmonised label is clearly visible on the product, packaging or online sales presentation
- Rule set:
-
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- Source reference:
- Artikel 2 Nummer 2 Buchstabe b, Richtlinie 2011/83/EU Artikel 5 Absatz 1 Buchstabe ea
- Source excerpt:
- 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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Prohibition of unsupported generic environmental claims |
Governance |
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- Description:
- Companies must not make a generic environmental claim for which they cannot demonstrate recognised excellent environmental performance relevant to the claim.
- Frequency:
- Continuous
- Check frequency:
- Continuous
- Products/Services:
- Products, product categories, brands or companies that are the subject of generic environmental claims
- Checking responsibility:
- -
- Check method:
- Review of whether recognised excellent environmental performance relevant to the claim can be demonstrated
- Rule set:
-
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- Source reference:
- Anhang I Nummer 4a der Richtlinie 2005/29/EG, eingefügt durch Artikel 1 Nummer 4
- 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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Permitted use of sustainability labels |
Governance |
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- Description:
- Companies must not display a sustainability label that is not based on a certification scheme or established by public authorities.
- Frequency:
- Continuous
- Check frequency:
- Continuous
- Products/Services:
- Sustainability labels for a product, process or company
- Checking responsibility:
- -
- Check method:
- Review of whether a certification scheme exists or the label was established by a public authority
- Rule set:
-
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- Source reference:
- Anhang I Nummer 2a der Richtlinie 2005/29/EG, eingefügt durch Artikel 1 Nummer 4
- Source excerpt:
- Displaying a sustainability label that is not based on a certification scheme or not established by public authorities.
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Accurate scope of environmental claims |
Governance |
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- Description:
- Companies must not make an environmental claim about an entire product or the entire company when it concerns only a certain aspect or a specific activity.
- Frequency:
- Continuous
- Check frequency:
- Continuous
- Products/Services:
- Products and companies whose environmental claims concern only a part or a specific activity
- Checking responsibility:
- -
- Check method:
- Review of whether the scope of the environmental claim corresponds to the product or activity actually concerned
- Rule set:
-
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- Source reference:
- Anhang I Nummer 4b der Richtlinie 2005/29/EG, eingefügt durch Artikel 1 Nummer 4
- Source excerpt:
- 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 activity of the trader’s business.
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Prohibition of offsetting-based climate impact claims |
Governance |
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- Description:
- Companies must not claim, based on the offsetting of greenhouse gas emissions, that a product has a neutral, reduced or positive environmental impact in terms of greenhouse gas emissions.
- Frequency:
- Continuous
- Check frequency:
- Continuous
- Products/Services:
- Products for which an environmental impact claim concerning greenhouse gas emissions is made
- Checking responsibility:
- -
- Check method:
- Review of whether the claim is based on actual lifecycle impact rather than offsetting outside the value chain
- Rule set:
-
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- Source reference:
- Anhang I Nummer 4c der Richtlinie 2005/29/EG, eingefügt durch Artikel 1 Nummer 4
- Source excerpt:
- 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 greenhouse gas emissions.
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No presentation of generally applicable legal requirements as distinctive features |
Governance |
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- Description:
- Companies must not present requirements imposed by law on all products in the relevant product category on the Union market as a distinctive feature of their offer.
- Frequency:
- Continuous
- Check frequency:
- Continuous
- Products/Services:
- All products in the relevant product category on the Union market
- Checking responsibility:
- -
- Check method:
- Review of whether the requirement presented as distinctive is legally imposed on all products in the category
- Rule set:
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- Source reference:
- Anhang I Nummer 10a der Richtlinie 2005/29/EG, eingefügt durch Artikel 1 Nummer 4
- Source excerpt:
- Presenting requirements imposed by law on all products within the relevant product category on the Union market as a distinctive feature of the trader’s offer.
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Information on negative effects of software updates |
Governance |
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- Description:
- Companies must not withhold information from consumers that a software update will negatively impact the functioning of goods with digital elements, digital content or digital services.
- Frequency:
- Continuous
- Check frequency:
- Continuous
- Products/Services:
- Goods with digital elements, digital content and digital services
- Checking responsibility:
- -
- Check method:
- Review of software update information and its effects on functionality and use
- Rule set:
-
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- Source reference:
- Anhang I Nummer 23d der Richtlinie 2005/29/EG, eingefügt durch Artikel 1 Nummer 4
- 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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No false presentation of update necessity |
Governance |
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- Description:
- Companies must not present a software update as necessary when it only enhances functionality features.
- Frequency:
- Continuous
- Check frequency:
- Continuous
- Products/Services:
- Goods with digital elements, digital content and digital services
- Checking responsibility:
- -
- Check method:
- Review of whether an update only enhances functionality features
- Rule set:
-
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- Source reference:
- Anhang I Nummer 23e der Richtlinie 2005/29/EG, eingefügt durch Artikel 1 Nummer 4
- Source excerpt:
- Presenting a software update as necessary when it only enhances functionality features.
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Prohibition of marketing durability-limiting features |
Governance |
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- Description:
- Companies must not make commercial communications concerning a good containing a feature introduced to limit its durability when information on the feature and its effects is available to the company.
- Frequency:
- Continuous
- Check frequency:
- Continuous
- Products/Services:
- Goods containing a feature introduced to limit durability
- Checking responsibility:
- -
- Check method:
- Review of commercial communications and available information about durability-limiting features
- Rule set:
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- Source reference:
- Anhang I Nummer 23f der Richtlinie 2005/29/EG, eingefügt durch Artikel 1 Nummer 4
- 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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Truthful durability claims |
Governance |
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- Description:
- Companies must not falsely claim that a good has a certain durability in terms of usage time or intensity under normal conditions of use.
- Frequency:
- Continuous
- Check frequency:
- Continuous
- Products/Services:
- Goods with claims about their durability
- Checking responsibility:
- -
- Check method:
- Review of durability claims under normal conditions of use
- Rule set:
-
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- Source reference:
- Anhang I Nummer 23g der Richtlinie 2005/29/EG, eingefügt durch Artikel 1 Nummer 4
- 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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No false presentation of repairability |
Governance |
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- Description:
- Companies must not present a good as allowing repair when it does not.
- Frequency:
- Continuous
- Check frequency:
- Continuous
- Products/Services:
- Goods presented as repairable
- Checking responsibility:
- -
- Check method:
- Review of whether the good can actually be repaired
- Rule set:
-
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- Source reference:
- Anhang I Nummer 23h der Richtlinie 2005/29/EG, eingefügt durch Artikel 1 Nummer 4
- Source excerpt:
- Presenting a good as allowing repair when it does not.
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Prohibition of premature consumable replacement |
Governance |
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- Description:
- Companies must not induce consumers to replace or replenish a good’s consumables earlier than necessary for technical reasons.
- Frequency:
- Continuous
- Check frequency:
- Continuous
- Products/Services:
- Goods using consumables
- Checking responsibility:
- -
- Check method:
- Review of sales and use prompts concerning replacement or replenishment of consumables
- Rule set:
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- Source reference:
- Anhang I Nummer 23i der Richtlinie 2005/29/EG, eingefügt durch Artikel 1 Nummer 4
- Source excerpt:
- Inducing the consumer to replace or replenish the consumables of a good earlier than necessary for technical reasons.
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Information on use of alternative parts and accessories |
Governance |
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- Description:
- Companies must not withhold information concerning impaired functionality when non-original consumables, spare parts or accessories are used, or falsely claim that such impairment will occur.
- Frequency:
- Continuous
- Check frequency:
- Continuous
- Products/Services:
- Goods using consumables, spare parts or accessories not supplied by the original producer
- Checking responsibility:
- -
- Check method:
- Review of information about functionality impairment when alternative consumables, spare parts or accessories are used
- Rule set:
-
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- Source reference:
- Anhang I Nummer 23j der Richtlinie 2005/29/EG, eingefügt durch Artikel 1 Nummer 4
- 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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Emtract Ingest