Verbraucherzentrale Bundesverband (vzbv)

The Digital Omnibus will not achieve its objectives. The GDPR amendments do not simplify the law but introduce vague terms, numerous exceptions and additional assessments. No relief is provided for SMEs; legal certainty is weakened and diverging interpretations between Member States and courts with lengthy proceedings are likely.

The Federation of German Consumer Organisations (vzbv) supports all recommendations submitted to this consultation by BEUC, the European consumer associations' umbrella organisation. vzbv would like to highlight four core recommendations, which are set out in the attached vzbv position paper on the AI Omnibus.

With the Digital Omnibus, the European Commission aims to simplify and harmonise the existing digital framework. However, simplification must not be confused with deregulation. Legislation is not synonymous with bureaucracy, nor does it inherently hinder innovation.

Summary of the position paper: Consumers are an integral part of the telecommunications market without them, there would be little need for the connectivity sector. With this in mind, the Federation of German Consumer Organisations (vzbv) calls on the European Institutions to put end user interests at the centre of the legislative proposal.

vzbv would like to thank the European Commission for the opportunity to comment on the initiative. However, vzbv regrets the short consultation period and the absence of any further opportunity for public input on what is likely to be a farreaching legislative proposal, which aims to create a new regulatory basis for a future proof digital infrastructure in the European Union.

FÜR EINE VERBRAUCHERFREUNDLICHE REFORM DER RICHTLINIE ÜBER DIE GESAMTENERGIEEFFIZIENZ VON GEBÄUDEN Stellungnahme des Verbraucherzentrale Bundesverbands (vzbv) zum Novellierungsvorschlag der Europäischen Kommission zur Richtlinie über die Gesamtenergieeffizienz von Gebäuden (KOM(2021) 802 final) 25. März 2022 Impressum Verbraucherzentrale Bundesverband e.V.

Filed in German · English published by the European Commission

Opening of the attached position paper · the full paper is on the Commission’s record (source link above)

A large share of the german population supports the rapid implementation of the energy transition. The associated costs must be shared fairly among all actors in order to ensure wide acceptance. Together with the participation of all citizens, it forms the basis for the success of this elementary transformation process. Legislation at the European level should focus primarily on these objectives.

vzbv welcomes that the European Commission proposes a regulation laying down har-monised rules on artificial intelligence (AI) in the (Artificial Intelligence Act (AIA)). The AIA must mitigate AI-related risks for consumers.

A EUROPEAN LEGAL ACT LAYING DOWN REQUIREMENTS FOR ARTIFICIAL INTELLIGENCE Response of Federation of German Consumer Organisations (vzbv) to the public consultation on the inception impact assessment for the “Proposal for a legal act of the European Parliament and the Council laying down requirements for Artificial Intelligence” 8. September 2020 Impressum Verbraucherzentrale Bundesverband e.V.

Opening of the attached position paper · the full paper is on the Commission’s record (source link above)

l2 Ref. Ares(2020)53449141- 08/10/2020 CORPORATE DUE DILIGENCE RULES AT EU LEVEL vzbv’s position on EU supply chain legislation The Federation of German Consumer Organisations (Verbraucherzentrale Bundesverband – vzbv) believes that sustainability starts with production. Companies must be obliged to protect the environment and respect human rights at every stage of their supply chains.

Opening of the attached position paper · the full paper is on the Commission’s record (source link above)

The unregulated use of environmental advertising claims, so-called green claims, poses problems for consumers: they cannot rely on environmental claims and labels to reliably certify environmentally friendly production. Green claims without substantiation - meaning claims without scientific foundation of the accuracy of the claims - thus prevent a change to sustainable consumption patterns.

As the umbrella association of the 16 consumer centres of the German Länder and 26 broad consumer policy associations in Germany, the Verbraucherzentrale Bundesverband e.V. (vzbv — www.vzbv.de) pools the forces for strong consumer protection in Germany and in the European Union. Vzbv is based in Berlin and has an office in Brussels. The Vzbv welcomes the discussion on a carbon border adjustment mechanism.

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Dear Dame or Mr, the Verbraucherzentrale Bundesverband e.V. (vzbv; Www.vzbv.de) represents consumer interests in politics, business and administration and brings consumer rights to court. The vzbv is the umbrella organisation of the 16 consumer centres of the Länder and 27 other consumer policy associations and is a founding member of BEUC, the European Consumers’ Association.

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ERNEUERBARE-ENERGIEN-RICHTLINIE VERBRAUCHERFREUNDLICH GESTALTEN Stellungahme des Verbraucherzentrale Bundesverbands zum Novellierungsvorschlag der Europäischen Kommission für eine Richtlinie des Europäischen Parlaments und des Rates zur Änderung der Richtlinie (EU) 2018/2001 des Europäischen Parlaments und des Rates, der Verordnung (EU) 2018/1999 des Europäischen Parlaments und des Rates und der Richtlinie 98/70/EG…

Filed in German · English published by the European Commission

Opening of the attached position paper · the full paper is on the Commission’s record (source link above)

Dear Ladies and Gentlemen, Enclosed we are sending the statement of the German Consumer Organisations (Verbraucherzentrale Bundesverband vzbv) on the EU Commission's proposal on new genetic engineering as well as the summary of the opinion in the text below. Best regards [name removed] want freedom of choice and a high degree of safety when it comes to both traditional and new genomic techniques (NGTs).

With the Data Act, the European Commission aims to facilitate the availability of data while respecting fundamental European values. In principle, the Bundesverband Verbraucherzentrale Bundesverband (vzbv) welcomes the fact that (non-personal) data should be made more available. This is also desirable from a competition point of view.

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ABSICHERUNG VON NUTZERRECHTEN AUF ONLINE-PLATTFORMEN Stellungnahme des Verbraucherzentrale Bundesverban ds zum Entwurf eines Gesetzes über digitale Dienste 23. Februar 2021 Impressum Verbraucherzentrale Bundesverband e.V.

Filed in German · English published by the European Commission

Opening of the attached position paper · the full paper is on the Commission’s record (source link above)

The Federation of German Consumer Organisations (Verbraucherbraucherzentrale Bundesverband; vzbv) welcomes the opportunity to provide feedback on the revision of EU rules on Food Contact Materials (FCMs). vzbv endorses the initiative taken by the European Commission and its aim to shift the focus onto the final product.

AN AMBITIOUS BATTERY REGULATION Position paper of the Federation of Germ an Consum er Organisati ons (V erbraucherzentrale Bundesverband – vzbv) regarding the proposal for a Regulation of the European Parliam ent and of the Council concerning batteries and waste batteri es 1 March 2021 Impressum Verbraucherzentrale Bundesverband e.V.

Opening of the attached position paper · the full paper is on the Commission’s record (source link above)

1l5 Ref. Ares(2020)3562876 - 07/07/2020 EINE EU-BATTERIEN-RICHTLINIE ZUM SCHUTZ VON VERBRAUCHERN UND UMWELT Positionspapi er des Verbraucherzentrale Bundesverbands e. V. (vzbv) hinsichtlich des Inception Im pact Assessm ent bezüglich der Initiative „Modernising the EU´s batt eri es legislation“ der EU-Komm ission Angesichts einer Vielzahl an neuen Verkehrsmitteln mit Batteriebetrieb und dem notwendigen Schutz von…

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Opening of the attached position paper · the full paper is on the Commission’s record (source link above)

With the Data Governance Act, the EU Commission aims to facilitate the processing of data in compliance with fundamental European values. In principle, the Federation of German Consumer Organisations (vzbv) welcomes that more (non-personal) data is to be made available, i.e. from a competition perspective.

Filed in German · English published by the European Commission

In its European data strategy as well as in the corresponding roadmap for a legislative framework for the governance of common European data spaces, the European Commission proposes the creation of several European data spaces in certain sectors. vzbv welcomes the opportunity to provide feedback on this topic in addition to its response to the consultation on the European data strategy in May 2020.

This statement provides the Federation of German Consumer Organisations (Verbraucherzentrale Bundesverband - vzbv) feedback for the European Commissions proposal of the Cyber Resilience Act (CRA). vzbv welcomes the European Commis-sions proposal introducing binding and harmonised rules on the cybersecurity of digital products.

Please find the positions and feedback of the Federation of German Consumer Organisations (vzbv). vzbv is the umbrella organisation for more than 40 consumer organisations throughout Germany and represents the interests of German consumers vis policymakers, the private sector and in public. vzbv is therefore a founding member of BEUC, the European Consumer Organisation.

Filed in German · English published by the European Commission

Private enforcement is an important cornerstone in the enforcement of existing rules. In order to enable civil society organisations to conduct proceedings through private enforcement, they should have access to the DPP registry.

Filed in German · English published by the European Commission

The vzbv welcomes the Commission’s initiative to regulate the introduction of microplastics into the environment. Reports of microplastics, for example in food, lead to unsafe Verbraucher:innen. A study commissioned by the World Wildlife Fund found that people consume up to 5 g of microplastics per week through food and drink alone. The quantity corresponds to a credit card.

Filed in German · English published by the European Commission

Please find attached the feedback of the Federation of German Consumer Organisations (Verbraucherzentrale Bundesverband e.V. – vzbv). vzbv is the umbrella organisation for more than 40 consumer organisations throughout Germany and represents the interests of German consumers vis-à-vis policymakers, the private sector and in public. vzbv is also a founding member of BEUC, the European Consumer Organisation.

Please find enclosed the opinion of the Verbraucherzentrale Bundesverband (vzbv) on the European Commission’s Combined Evaluation Roadmap with our requests for the revision of Directive 2014/94/EU on the deployment of alternative fuels infrastructure (AFID).

Filed in German · English published by the European Commission

(1) Dark patterns and manipulation of consumers: Risk of circumvention of DMA obligations: The proposal does not refer to the gatekeepers’ use of so-called “dark patterns”. Dark patterns surreptitiously influence consumers’ behaviour by manipulative interface de-signs that exploit consumers’ behavioural biases .

EX ANTE REGULATORY INSTRUMENT FOR LARGE ONLINE PLATFORMS Feedback of the Federation of German Consumer Organisations (vzbv) on the Digital Services Act package “Ex ante regulatory instrument for large online platforms with significant network effects acting as gate -keepers in the European Union’s internal market” June 29, 2020 Impressum Verbraucherzentrale Bundesverband e.V.

Opening of the attached position paper · the full paper is on the Commission’s record (source link above)

The comments on the support period convincingly implement the legal requirements from the consumer’s point of view. The chapter sets out precisely how to ensure the protection of users throughout the product life cycle and, in our view, does not require adaptations.

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The Federation of German Consumer Organisations (vzbv) welcomes the European Commission’s goal to improve the reparability of defective products in order to enable consumers to use their products for longer. However, the proposed measures are not sufficient to provide consumers with uncomplicated, almost and, above, all, economic access to repair.

Filed in German · English published by the European Commission

The CO2 fleet limit legislation has been a success, as it has helped to limit CO2 emissions from passenger car traffic and promote the ramp-up of e-mobility. However, this journey is not yet over, and it is imperative that we adhere to the existing CO2 limits.

Consumer confidence in digitalisation and thus in the openness to use new innovative technologies and services is essential for the wider and desired digital transformation of society. The European Commission’s Digital Fitness Check offers the opportunity to close identified protection gaps in European digital legislation that are relevant to consumers, with the aim of further enhancing consumer trust and thus…

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The draft directive is part of the implementation of the retail investor strategy (RIS), which aims to ensure that consumers investing in capital markets can do so with confidence and confidence, that the results of these investments are improved and that consumers are more involved. The present draft does not meet its own objective of gaining consumer confidence in the capital market.

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VERBRAUCHERRECHTE IM STROMMARKT STÄRKEN Stellungnahme des Verbraucherzentrale Bundesverbands (vzbv) zu den Novellierungsvorschlägen der Europäischen Kommission zur Verordnung (EU) 2019/943 über den Elektri zitätsbinnenmarkt, zur Verordnung (EU) 2019/942 über die Gründung einer Agentur der Europäischen Union für die Zu sammenarbeit der Energieregulierungsbehörden, zur Richtli nie (EU) 2018/2001 zur Förderung der…

Filed in German · English published by the European Commission

Opening of the attached position paper · the full paper is on the Commission’s record (source link above)

Today, in addition to traditional media services, video-sharing platforms, influencers and, increasingly, AI-generated content are shaping the media landscape. These developments not only change the way media is used, but also pose new challenges to the existing legal framework: unclear rules, lack of transparency and manipulative advertising practices create real risks for consumers in their daily lives.

Filed in German · English published by the European Commission

vzbv strongly supports the draft for a General Product Safety Regulation. We agree on the objectives and welcome: • The underlined value of the safety net function and precautionary principle • Coherent market surveillance rules between harmonised and non-harmonised products as well as the new tools given to Member States • Stronger traceability in the supply chain and a greater responsibility for safety of online…

Ladies and gentlemen, the Verbraucherzentrale Bundesverband e.V., welcomes the fact that the European Commission has put forward a proposal for a regulation to improve the enforcement of passengers’ rights and offers an opportunity to comment on it in the context of a public consultation. The detailed assessment of the proposal for a Regulation can be found in the attached document. Yours sincerely, [name removed]

Filed in German · English published by the European Commission

Ladies and gentlemen, the Verbraucherzentrale Bundesverband e.V., welcomes the fact that the European Commission has put forward a proposal for a regulation to improve the rights of multimodal travellers and offers an opportunity to comment on it through a public consultation. The detailed assessment of the proposal for a Regulation can be found in the attached document. Yours sincerely, [name removed]

Filed in German · English published by the European Commission

1. Ensure consumer protection: The harmonisation of the various EU rules on passenger rights and obligations is welcome in principle. A patchwork of different rules, sometimes contradictory, does not create confidence among travellers and makes travel more complicated.

Filed in German · English published by the European Commission

If the EU wishes to deepen the single market and strengthen Europes competitiveness, it must also strengthen the economic capacity of private households to act. For consumers are not merely objects of legal protection, but sustain the European economy on a daily basis through their consumption, contractual, mobility and financial decisions.

The vzbv is grateful for the opportunity to comment on the European Commission’s proposals for the recast of the Regulation on the internal markets for renewable gases and natural gas and for hydrogen (COM(2021) 804 final) and on the Directive on common rules for the internal markets for renewable gases and natural gas and hydrogen (COM(2021) 803 final). Please find attached our opinion. Warm greetings [name removed]

Filed in German · English published by the European Commission

Product liability law in the European Union is based on a 1985 directive. It is outdated and needs to be revised. The Vzbv welcomes the European Commission’s objective of adapting the rules on liability for defective products to the digital age and ensuring that the rules reflect the potential risks of products in the digital age and include the circular economy.

Filed in German · English published by the European Commission

vzbv welcomes the Commission's approach that the aim must be to strengthen consumer protection - not to reduce it. Consumers need special protection, especially in times of crisis. The following is a list of aspects that we believe are particularly urgent for evaluation and improvement (selection): 1.

- Generally, the obligations related to the supply of a printed Energy label with each product and the need to supply, upon request, printed product information sheets (PIS) should not be reconsidered. The practice of only providing a QR code or EPREL identifier would hinder the effectiveness of the energy label.

The Federation of German Consumer Organisations (vzbv) supports the European Commission’s aim to achieve significant improvements in consumer protection in the European consumer credit market. However, vzbv sees a need for additions and corrections in some of the proposed rules: WIDER VIEW OF CREDIT PRODUCTS AND CREDIT SERVICES The proposed extension of the scope is likely to significantly improve consumer…

The Federation of German Consumer Organizations (vzbv) considers the lack of availability of through tickets to be a major problem for travelers. The obligation to offer through tickets is necessary for both international travel and domestic long-distance travel. A detailed statement can be found in the attached PDF.

The Federation of German Consumer Organisations (Verbraucherzentrale Bundesverband - vzbv) welcomes the European Commissions initiative to make it easier to purchase tickets for rail travel and multimodal journeys.

The Verbraucherzentrale Bundesverband (vzbv) is critical of the European Commission’s proposal to amend Article 30(5) GDPR. In the view of the Vzbv, documentation of processing activities is far more than a bureaucratic obligation: It is a key component of effective data protection and lived accountability. It allows companies to identify and minimise risks in a contextual and dynamic manner.

Filed in German · English published by the European Commission

The German Consumer Organisation (vzbv) welcomes the European Commission’s initiative to optimise cooperation between national data protection supervisory authorities in the enforcement of the General Data Protection Regulation (GDPR) in cross-border cases.

Filed in German · English published by the European Commission

From a consumer perspective, it is welcome that the European Commission presented a proposal for a Directive on liability specifically for Artificial Intelligence on 28 September 2022. We agree with the European Commission’s analysis that the rules currently in force are not suitable for adequately measuring the damage caused by artificial intelligence.

Filed in German · English published by the European Commission

vzbv is disappointed that the Commission has not shown the necessary will in this proposal to really effectively promote ADR as a solution to consumer disputes. The proposal misses the opportunity to create a basis for fundamental change and falls short of the needs of consumers.

The Federation of German Consumer Associations (Verbraucherzentrale Bundesverband – vzbv) welcomes the opportunity to provide feedback to the European Commission’s roadmap on the Distance Marketing of Financial Services Directive (DMFSD). The comprehensive evaluation illustrates both the continuous relevance of the DMFSD and the significant need for modernization.

The aim of this evaluation must be to strengthen consumer protection - not to reduce it. Consumers need special protection, especially in times of crisis. In any case, the consultation should ask whether new regulations should also be added that are essential in terms of ensuring comprehensive consumer protection.