certification scheme — a third-party verification scheme that certifies that a product, process or business complies with certain requirements, that allows for the use of a corresponding sustainability label, and the terms of which, including its requirements, are publicly available and meet the following criteria: (i) the scheme is open under transparent, fair, and non-discriminatory terms to all traders willing and able to comply with the scheme’s requirements; (ii) the scheme’s requirements are developed by the scheme owner in consultation with relevant experts and stakeholders; (iii) the scheme sets out procedures for dealing with non-compliance with the scheme’s requirements and provides for the withdrawal or suspension of the use of the sustainability label by the trader in case of non-compliance with the scheme’s requirements; and (iv) the monitoring of a trader’s compliance with the scheme’s requirements is subject to an objective procedure and is carried out by a third party whose competence and independence from both the scheme owner and the trader are based on international, Union or national standards and procedures Article 1 — Amendments to Directive 2005/29/EC, (r)

commercial guarantee of durability — a producer’s commercial guarantee of durability as referred to in Article 17 of Directive (EU) 2019/771, under which the producer is directly liable to the consumer during the entire period of the commercial guarantee of durability for repair or replacement of the goods in accordance with Article 14 of Directive (EU) 2019/771, whenever the goods do not maintain their durability Article 2 — Amendments to Directive 2011/83/EU, (14a)

consumable — any component of a good that is used up recurrently and that needs to be replaced or replenished for the good to function as intended Article 1 — Amendments to Directive 2005/29/EC, (v)

durability — borrowed from another act; this instrument states no meaning of its own Article 1 — Amendments to Directive 2005/29/EC, (t)

durability — borrowed from another act; this instrument states no meaning of its own Article 2 — Amendments to Directive 2011/83/EU, (14b)

environmental claim — any message or representation which is not mandatory under Union or national law, in any form, including text, pictorial, graphic or symbolic representation, such as labels, brand names, company names or product names, in the context of a commercial communication, and which states or implies that a product, product category, brand or trader has a positive or zero impact on the environment or is less damaging to the environment than other products, product categories, brands or traders, or has improved its impact over time Article 1 — Amendments to Directive 2005/29/EC, (o)

functionality — borrowed from another act; this instrument states no meaning of its own Article 1 — Amendments to Directive 2005/29/EC, (w)

generic environmental claim — any environmental claim made in written or oral form, including through audiovisual media, that is not included on a sustainability label and where the specification of the claim is not provided in clear and prominent terms on the same medium Article 1 — Amendments to Directive 2005/29/EC, (p)

goods — borrowed from another act; this instrument states no meaning of its own Article 1 — Amendments to Directive 2005/29/EC, (ca)

producer — borrowed from another act; this instrument states no meaning of its own Article 2 — Amendments to Directive 2011/83/EU, (14c)

recognised excellent environmental performance — environmental performance compliant with Regulation (EC) No 66/2010 of the European Parliament and of the Council (*2) or with national or regional EN ISO 14024 type I ecolabelling schemes officially recognised in the Member States, or top environmental performance in accordance with other applicable Union law Article 1 — Amendments to Directive 2005/29/EC, (s)

reparability score — a score expressing the capacity of a good to be repaired, based on harmonised requirements established at Union level Article 2 — Amendments to Directive 2011/83/EU, (14d)

software update — an update that is necessary to keep goods with digital elements, digital content and digital services in conformity in accordance with Directive (EU) 2019/770 of the European Parliament and of the Council (*3) and Directive (EU) 2019/771, including a security update, or a functionality update Article 1 — Amendments to Directive 2005/29/EC, (u)

software update — a free update, including a security update, that is necessary to keep goods with digital elements, digital content and digital services in conformity in accordance with Directives (EU) 2019/770 and (EU) 2019/771 Article 2 — Amendments to Directive 2011/83/EU, (14e)

sustainability label — any voluntary trust mark, quality mark or equivalent, either public or private, that aims to set apart and promote a product, a process or a business by reference to its environmental or social characteristics, or both, and excludes any mandatory label required under Union or national law Article 1 — Amendments to Directive 2005/29/EC, (q)