CYIL vol. 15 (2024)

CYIL 15 ȍ2024Ȏ NEW PROǧSUSTAINABILITY CONSUMER PROTECTION DIRECTIVE … four important proposals were brought out by the European Commission: (i) the Proposal for a Regulation for an ecodesign for sustainable products (Ecodesign Regulation), 26 (ii) the Proposal for a Directive amending the UCPD and Consumer Rights Directive in order to empower consumers for a green transition (Green Empowerment Directive), 27 (iii) the Proposal for a Directive on the substantiation and communication of explicit environmental claims (Green Claims Directive), 28 and the already mentioned Proposal for a Repair Goods Directive. 29 On 13 June 2024, the Rubicon was crossed and the Ecodesign Regulation and the Repair Goods Directive were signed. The Ecodesign Regulation got published on 28 June 2024, 30 while the Repair Goods Directive on 10 July 2024. 31 Consequently, the right to repair is, as brought by this Directive, the reality of EU law and its conceptual analysis is instrumental for its deep understanding, which is needed for its interpretation and application, in particular while considering the teleological approach. Therefore, the already provided rather descriptive summary of the contextual evolution of EU consumer protection law resting on five pillars, of which the new right to repair is an inherent and integral part, needs to be complemented by a deeper static analysis of the Proposal for a Repair Goods Directive wording and by a more dynamic analysis of its expeditious… but still smooth, legislative journey and amendments brought by the European Parliament. 2. A smooth emergence and journey – the very welcome Proposal The Proposal for a Repair Goods Directive was brought out as an audacious pro sustainability move with the potential to change the global scenery and match the UN and EU endeavors towards SDGs. It is an important instrument belonging to complex strategies and policies developed by the European Commission. However, it must be emphasized that the European Commission, from its very beginning, took the multi-stakeholder and bottom up approach. 26 COM(2022) 142 final Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL establishing a framework for setting ecodesign requirements for sustainable products and repealing Directive 2009/125/EC [online]. In EUR-Lex. Available from: https://eur-lex.europa.eu/legal-content/EN/ TXT/?uri=CELEX%3A52022PC0142. 27 COM(2022) 143 final 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 [online]. In EUR-Lex. Available from: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A52022PC0143. 28 COM(2023) 166 final Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on substantiation and communication of explicit environmental claims (Green Claims Directive) [online]. In EUR-Lex. Available from: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=COM%3A2023 %3A0166%3AFIN. 29 COM(2023) 155 final Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on common rules promoting the repair of goods [online]. In EUR-Lex. Available from: https:// eur-lex.europa.eu/legal-content/EN/TXT/?uri=COM%3A2023%3A0155%3AFIN. 30 Regulation (EU) 2024/1781 of the European Parliament and of the Council of 13 June 2024 establishing a framework for the setting of ecodesign requirements for sustainable products, amending Directive (EU) 2020/1828 and Regulation (EU) 2023/1542 and repealing Directive 2009/125/EC. 31 Directive (EU) 2024/1799 of the European Parliament and of the Council of 13 June 2024 on common rules promoting the repair of goods and amending Regulation (EU) 2017/2394 and Directives (EU) 2019/771 and (EU) 2020/1828.

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