[ParlTrack]

Proposal for a directive
Recital 7

(7) In order to help consumers identify and choose suitable repair services, consumers should receive key information on repair services. The European Repair Information Form should lay down key parameters that influence consumer decisions when considering whether to repair defective goods. This Directive should set out a model standardised format. A standardised format for presenting repair services should allow consumers to assess and easily compare repair services. Such standardised format should also facilitate the process of providing information on repair services, in particular for micro, small and medium sized businesses providing repair services. In order to avoid additional burdens due to overlapping pre-contractual information requirements, a repairer should be deemed to have fulfilled corresponding information requirements of relevant EU legal acts, where applicable, if the European Repair Information Form has been filled in correctly and provided to the consumer. Information in the European Repair Information Form should be provided to consumers in a clear and comprehensible manner and in line with the accessibility requirements of Directive 2019/88214 . __________________ 14 Directive 2019/882/EU of the European Parliament and of the Council of 17 April 2019 on the accessibility requirements for products and services (OJ L 151, 7.6.2019, p. 70).deleted

2023/09/08
Committee: IMCO

Svenja HAHN, Dita CHARANZOVÁ

Proposal for a directive
Recital 8

(8) The consumer’s free choice to decide by whom to have its goods repaired should be facilitated by requesting the European Repair Information Form not only from the producer, but also from the seller of the goods concerned or from independent repairers, where applicable. Repairers should provide the European Repair Information Form only where the consumer requests that form and the repairer intends to provide the repair service or it is obliged to repair. A consumer may also choose not to request the European Repair Information Form and to conclude a contract for the provision of repair services with a repairer pursuant to pre-contractual information provided by other means in accordance with Directive 2011/83/EU of the European Parliament and the Council.15 __________________ 15 Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council and repealing Council Directive 85/577/EEC and Directive 97/7/EC of the European Parliament and of the Council (Text with EEA relevance) (OJ L 304, 22.11.2011, p. 64–88).deleted

2023/09/08
Committee: IMCO

Svenja HAHN, Dita CHARANZOVÁ

Proposal for a directive
Recital 9

(9) There are situations in which a repairer incurs costs necessary for providing the information on repair and price included in the European Repair Information Form. For instance, the repairer may need to inspect the goods to be able to determine the defect or type of repair that is necessary, including the need for spare parts, and to estimate the repair price. In these cases, a repairer may only request a consumer to pay the costs that are necessary for providing the information included in the European Repair Information Form. In line with the pre-contractual information and other requirements set out in Directive 2011/83/EU, the repairer should inform the consumer about such costs before the consumer requests the provision of the European Repair Information Form. Consumers may refrain from requesting the European Repair Information Form where they consider that the costs for obtaining that form are too high.deleted

2023/09/08
Committee: IMCO

Svenja HAHN, Dita CHARANZOVÁ

Proposal for a directive
Recital 10

(10) Repairers should not alter the conditions of repair that they provide in the European Repair Information Form, including on the price for repair, for a certain period of time. This ensures that consumers are given sufficient time to compare different repair offers. In order to safeguard as much as possible the contractual freedom for repairers other than producers of goods for whom an obligation to repair applies, to be able to decide whether to conclude a contract for the provision of repair services at all, repairers should remain free to decide not to conclude such a contract, including in situations where they have provided the European Repair Information Form. If a contract for the provision of repair services is concluded based on the European Repair Information Form, the information on conditions of repair and price contained in that form should constitute an integral part of the contract for the provision of repair services, thereby defining the repairer’s obligations under that contract. Non-compliance with those contractual obligations is governed by the applicable national law.deleted

2023/09/08
Committee: IMCO

Svenja HAHN, Dita CHARANZOVÁ

Proposal for a directive
Recital 18

(18) While this Directive imposes the obligation to repair on the producer, it also facilitates consumer choice of repair services from other repairers. This choice should in particular be facilitated by requesting the European Repair Information Form not only from the producer but also other repairers like the seller or independent repairers or by searching via the online repair platform. As consumers would need to pay for the repair, they are likely to compare repair opportunities in order to choose the most suitable repair services for their needs. Thus, it is likely they approach independent repairers in their proximity or the seller before reaching out to producers which may for instance be located at a greater distance and for which the price could be higher due to transportation costs.deleted

2023/09/08
Committee: IMCO

Svenja HAHN

Proposal for a directive
Recital 21

(21) In order to encourage repair, Member States should ensure that for their territory at least one online platform exists which enables consumers to search for suitable repairers. That platform may be an existing or privately operated platform, if it meets the conditions laid down in this Directive. That platform should include user-friendly and independent comparison tools which assist consumers in assessing and comparing the merits of different repair service providers, thereby incentivising consumers to choose repair instead of buying new goods. While that platform aims at facilitating the search for repair services in business-to-consumer relationships, Member States are free to extend its scope also to include business- to-business relationships as well as community-led repair initiatives.deleted

2023/09/08
Committee: IMCO

Svenja HAHN

Proposal for a directive
Recital 22

(22) Member States should ensure that all economic operators that may provide repair services in the Union have easy access to the online platform. Member States should be free to decide which repairers can register on the online platform as long as access to that platform is reasonable and non-discriminatory for all repairers in accordance with Union law. Enabling repairers from one Member State to register on the online platform in another Member State in order to provide repair services in areas that the consumer searched for should support the cross- border provision of repair services. It should be left to Member States’ discretion how to populate the online platform, for instance by self-registration or extraction from existing databases with the consent of the repairers, or if registrants should pay a registration fee covering the costs for operating the platform. To guarantee a wide choice of repair services on the online platform, Member States should ensure that access to the online platform is not limited to a specific category of repairers. While national requirements, for instance, on the necessary professional qualifications, continue to apply, Member States should ensure that the online platform is open to all repairers that fulfil those requirements. Member States should also be free to decide whether and to what extent community-led repair initiatives, such as repair cafés, may register on the online platform, taking account of safety considerations where relevant. Registration on the online platform should always be possible upon repairers’ request, provided they fulfil the applicable requirements to access the online platform.deleted

2023/09/08
Committee: IMCO

Svenja HAHN

Proposal for a directive
Recital 23

(23) Member States should ensure that consumers have easy access to the online platform allowing them to find suitable repair services for their defective goods. The online platform should also be accessible to vulnerable consumers, including persons with disabilities, in accordance with applicable Union law relating to accessibility.deleted

2023/09/08
Committee: IMCO

Svenja HAHN

Proposal for a directive
Recital 24

(24) The search function based on products may refer to the product type or brand. Since repairers cannot know the specific defect before a request to repair has been made, it is sufficient that they provide on the online platform generic information on key elements of repair services to enable consumers to decide whether to repair the good in question, in particular the average time to complete repair, the availability of temporary replacement goods, the place where the consumer hands over the goods for repair and the availability of ancillary services. Repairers should be encouraged to regularly update their information on the online platform. In order to build consumer confidence in the repair services available on the online platform, repairers should be able to demonstrate their adherence to certain repair standards.deleted

2023/09/08
Committee: IMCO

Svenja HAHN

Proposal for a directive
Recital 25

(25) In order to facilitate obtaining the European Repair Information Form, the online platform should include the possibility for consumers to directly request that form from the repairer through the online platform. This possibility should be displayed in a prominent manner on the online platform. To create awareness of national online repair platforms and to facilitate access to such platforms across the Union, Member States should ensure that their online platforms are accessible through relevant national webpages connected to the Single Digital Gateway established by Regulation (EU) 2018/1724 of the European Parliament and of the Council20 . To raise consumer awareness of the online platform, Member States should undertake appropriate steps, for instance sign-post the online platform on related national websites or carry out communication campaigns. __________________ 20 Regulation (EU) 2018/1724 of the European Parliament and of the Council of 2 October 2018 establishing a single digital gateway to provide access to information, to procedures and to assistance and problem-solving services and amending Regulation (EU) No 1024/2012 (OJ L 295, 21.11.2018, p. 1).deleted

2023/09/08
Committee: IMCO

Catharina RINZEMA, Dita CHARANZOVÁ, Morten LØKKEGAARD, Karen MELCHIOR, Svenja HAHN, Sandro GOZI

Proposal for a directive
Recital 25

(25) In order to facilitate obtaining the European Repair Information Form, the online platform should include the possibility for consumers to directly request that form from the repairer through the online platform. This possibility should be displayed in a prominent manner on the online platform. To create awareness of national online repair platforms and to facilitate access to such platforms across the Union, Member States should ensure that their online platforms are accessible through relevant national webpages connected to the Single Digital Gateway established by Regulation (EU) 2018/1724 of the European Parliament and of the Council20 . To raise consumer awareness of the online platform, Member States should undertake appropriate steps, for instance sign-post the online platform on related national websites ~~or carry~~ . Methods to raise awareness shall take into account ~~communication campaign~~and be accessible for consumers with low literacy and digital skills. __________________ 20 Regulation (EU) 2018/1724 of the European Parliament and of the Council of 2 October 2018 establishing a single digital gateway to provide access to information, to procedures and to assistance and problem-solving services and amending Regulation (EU) No 1024/2012 (OJ L 295, 21.11.2018, p. 1).

2023/09/08
Committee: IMCO

Svenja HAHN

Proposal for a directive
Recital 26

(26) In order to promote sustainable consumption of goods in situations outside the liability of the seller, the online platform should also promote goods subject to refurbishment as an alternative to repair or to buying new goods. To that end, the online platform should include a functionality allowing consumers to find sellers of goods subject to refurbishment or businesses buying defective goods for refurbishment purposes, in particular by enabling a search function per product category. Such sellers of goods subject to refurbishment or purchasers of defective goods for refurbishment should have access to the platform based on the same principles and technical specifications applicable to the repair functionality.deleted

2023/09/08
Committee: IMCO

Catharina RINZEMA, Dita CHARANZOVÁ, Morten LØKKEGAARD, Karen MELCHIOR, Svenja HAHN, Sandro GOZI

Proposal for a directive
Recital 27

(27) The Commission should enable the development of a voluntary European quality standard for repair services, for instance by encouraging and facilitating voluntary cooperation on a standard between businesses, public authorities and other stakeholders or by issuing a standardisation request to the European standardisation organisations. A European standard for repair services could boost consumer trust in repair services across the Union. Such standard could include aspects influencing consumer decisions on repair, such as the time to complete repair, the availability of temporary replacement goods, quality assurances such as a commercial guarantee on repair, and the availability of ancillary services such as removal, installation and transportation offered by repairers. Such standard should take into consideration the specific needs of SMEs.

2023/09/08
Committee: IMCO

Catharina RINZEMA, Dita CHARANZOVÁ, Morten LØKKEGAARD, Svenja HAHN

Proposal for a directive
Recital 27

(27) The Commission should enable the development of a voluntary European quality standard for repair services within 36 months, for instance by encouraging and facilitating voluntary cooperation on a standard between businesses, public authorities and other stakeholders or by issuing a standardisation request to the European standardisation organisations, including SME representative organisations. A European standard for repair services could boost consumer trust in repair services across the Union. Such standard could include aspects influencing consumer decisions on repair, such as the time to complete repair, the availability of temporary replacement goods, quality assurances such as a commercial guarantee on repair, and the availability of ancillary services such as removal, installation and transportation offered by repairers.

2023/09/08
Committee: IMCO

Catharina RINZEMA, Dita CHARANZOVÁ, Morten LØKKEGAARD, Karen MELCHIOR, Svenja HAHN

Proposal for a directive
Recital 27

(27) The Commission should enable the development of a voluntary European quality standard for repair services, for instance by encouraging and facilitating voluntary cooperation on a standard between businesses, public authorities and other stakeholders or by issuing a standardisation request to the European standardisation organisations. A European standard for repair services could boost consumer trust in repair services across the Union. Such standard could include consumer safety, as well as aspects influencing consumer decisions on repair, such as the time to complete repair, the availability of temporary replacement goods, quality assurances such as a commercial guarantee on repair, and the availability of ancillary services such as removal, installation and transportation offered by repairers.

2023/09/08
Committee: IMCO

Svenja HAHN

Proposal for a directive
Recital 28

(28) In order to promote repair within the liability of the seller as established in Directive (EU) 2019/771, the harmonised conditions under which the choice between the remedies of repair and replacement can be exercised should be adapted. The principle established in Directive (EU) 2019/771 to use the consideration whether the remedy chosen would impose costs on the seller that are disproportionate as compared to the other remedy, as one of the criteria to determine the applicable remedy, should be maintained. The consumer remains entitled to choose repair over replacement, unless repair would be impossible or it would impose disproportionate costs on the seller as compared to replacement. However, where the costs for replacement are higher than or equal to the costs of repair, the seller should always repair the goods. Hence, the consumer is entitled to choose replacement as a remedy only where it is cheaper than repair. Directive (EU) 2019/771 should therefore be amended accordingly.

2023/09/08
Committee: IMCO

Catharina RINZEMA, Dita CHARANZOVÁ, Morten LØKKEGAARD, Karen MELCHIOR, Svenja HAHN

Proposal for a directive
Recital 28 a (new)

(28a) Consumers shall have the freedom of choice of where they want to have their goods repaired. This repair can be done by either the producer or an independent repairer. In order for independent repairers to be able to repair the goods, they should have fair access to spare parts, repair related information and tools at reasonable and non-discriminatory terms.

2023/09/08
Committee: IMCO

Catharina RINZEMA, Dita CHARANZOVÁ, Morten LØKKEGAARD, Svenja HAHN

Proposal for a directive
Recital 30

(30) In order to allow economic operators to adapt, transitional provisions concerning the application of some Articles of this Directive should be introduced. Thus, the obligations to repair and to provide related information on this obligation should apply to contracts for the provision of repair services after [2430 months after the entry into force]. The amendment to Directive (EU) 2019/771 should apply only to sales contracts concluded after [2430 months after the entry into force] to ensure legal certainty and to provide sellers with sufficient time to adapt to the amended remedies of repair and replacement.

2023/09/08
Committee: IMCO

Catharina RINZEMA, Dita CHARANZOVÁ, Morten LØKKEGAARD, Karen MELCHIOR, Svenja HAHN

Proposal for a directive
Article 2 – paragraph 1 – point 10 a (new)

10a. ‘independent operator’ is a natural or legal person, other than an authorised dealer or repairer, who is directly or indirectly involved in the repair and maintenance of the product, and include repairers, manufacturers or distributors of repair equipment, tools or spare parts, as well as publishers of technical information, assistance operators, operators offering inspection and testing services, operators offering training for installers and remote service suppliers.

2023/09/08
Committee: IMCO

Catharina RINZEMA, Dita CHARANZOVÁ, Morten LØKKEGAARD, Karen MELCHIOR, Svenja HAHN, Sandro GOZI

Proposal for a directive
Article 3 – paragraph 1

Member States shall not maintain or introduce in their national law provisions diverging from those laid down in this Directive in order to achieve a better functioning of the internal market.

2023/09/08
Committee: IMCO

Svenja HAHN, Dita CHARANZOVÁ

Proposal for a directive
Article 4

~~[...]~~deleted

2023/09/08
Committee: IMCO

Catharina RINZEMA, Dita CHARANZOVÁ, Morten LØKKEGAARD, Svenja HAHN

Proposal for a directive
Article 5 – paragraph 1

1. Member States shall ensure that upon the consumer’s request, the producer shall repair, for free or against a price or another kind of consideration, goods for which and to the extent that reparability requirements are provided for by Union legal acts as listed in Annex II. The producer shall not be obliged to repair such goods where repair ~~is impossible~~cannot reasonably be expected. The producer may sub-contract repair in order to fulfil its obligation to repair.

2023/09/08
Committee: IMCO

Catharina RINZEMA, Dita CHARANZOVÁ, Morten LØKKEGAARD, Karen MELCHIOR, Svenja HAHN, Sandro GOZI

Proposal for a directive
Article 5 – paragraph 2

2. Where the producer obliged to repair pursuant to paragraph 1 is established outside the Union, its authorised representative in the Union shall perform the obligation of the producer. Where the producer has no authorised representative in the Union, the importer of the good concerned shall perform the obligation of the producer. Where there is no importer, the distributor of the good concerned shall perform the obligation of the producer. Where the importer or distributor of the good is based outside of the Union, the producer is required to have an authorised representative in the Union to perform the obligation of this Directive.

2023/09/08
Committee: IMCO

Catharina RINZEMA, Dita CHARANZOVÁ, Morten LØKKEGAARD, Karen MELCHIOR, Svenja HAHN

Proposal for a directive
Article 5 – paragraph 3

3. Producers shall ensure that independent repairers have access to spare parts and repair-related information and tools in accordance with the Union legal acts listed in Annex II without prejudice to the protection of sensitive information and business secrets foreseen in Directive (EU) 2016/943 of the European Parliament and of the Council of 8 June 2016.

2023/09/08
Committee: IMCO

Catharina RINZEMA, Dita CHARANZOVÁ, Morten LØKKEGAARD, Karen MELCHIOR, Svenja HAHN, Sandro GOZI

Proposal for a directive
Article 5 – paragraph 4

4. The Commission is empowered to adopt delegated acts, after a comprehensive assessment, in accordance with Article 15 to amend Annex II by updating the list of Union legal acts laying down reparability requirements in the light of legislative developments.

2023/09/08
Committee: IMCO

Svenja HAHN

Proposal for a directive
Article 7

~~Online platform for repair and goods 1. least one online platform exists for their territory that allows consumers to find repairers. That platform shall: (a) include search functio~~Article 7 deleted subject to refurbishment Member States shall ens uregarding goods, location of repair services, repair conditions, including the time needed to complete the repair, the availability of temporary replacement goods and the place where the consumer hands over the goods for repair, availability and conditions of ancillary services, including removal, installation and transportation, offered by repairers, and applicable European or national quality standards; (b) European Repair Information Form via the platform; (c) contact information and services by repairers; (d) adherence to applicable European or national quality standards; (e) national websites connected to the Single Digital Gateway established by Regulation (EU) 2018/1724. (f) with disabilities 2. the online platform also includes a search function by product category to find sellers of goods subject to refurbishment and purchasers of defective goods for refurbishment. 3. platform for repairers, as well as for sellers of goods subject to refurbishment and for purchasers of defective goods for refurbishment, shall be voluntary. Member States shall determine the access to the platform in accordance with Union law. The use of the online platform shall be free of charge for consumers. that at enable consumers to request the allow for regular updates of allow repairers to indicate their enable accessibility through ensure accessibility for persons Member States shall ensure that Registration on the online

2023/09/08
Committee: IMCO

Catharina RINZEMA, Dita CHARANZOVÁ, Morten LØKKEGAARD, Karen MELCHIOR, Svenja HAHN

Proposal for a directive
Article 7 – paragraph 1 – introductory part

1. Member States shall ensure that ~~at least~~ one online platform exists for their territory that allows consumers to find repairers. That platform shall where possible:

2023/09/08
Committee: IMCO

Catharina RINZEMA, Dita CHARANZOVÁ, Morten LØKKEGAARD, Karen MELCHIOR, Svenja HAHN, Sandro GOZI

Proposal for a directive
Article 8 – paragraph 2 a (new)

2a. Member States shall take appropriate measures to assist small and medium sized enterprises within the meaning of Commission Recommendation 2003/361/EC in applying the requirements set out in this Directive. Such measures should include, but not be limited to, promoting guidelines to raise awareness of ways to comply with the requirements set out in this Directive.

2023/09/08
Committee: IMCO

Catharina RINZEMA, Dita CHARANZOVÁ, Morten LØKKEGAARD, Karen MELCHIOR, Svenja HAHN

Proposal for a directive
Article 11 – paragraph 1

1. Member States shall lay down the rules on penalties applicable to infringements of national provisions adopted pursuant to Articles 4, 5 and 6 and shall take all measures necessary to ensure that they are implemented. The penalties provided for shall be effective, proportionate and dissuasive. Penalties imposed to economic operators that are SMEs shall take into account the financial capabilities and the size of the concerned enterprise.

2023/09/08
Committee: IMCO

Catharina RINZEMA, Dita CHARANZOVÁ, Morten LØKKEGAARD, Karen MELCHIOR, Svenja HAHN

Proposal for a directive
Article 11 – paragraph 1 a (new)

1a. Member States shall ensure that non-exhaustive and indicative criteria are taken into account for the imposition of penalties, such as: (a) the nature, gravity, scale and duration of the infringement; (b) any action taken by the trader to mitigate or remedy the damage suffered by consumers; (c) any previous infringements by the trader; (d) the financial benefits gained or losses avoided by the trader due to the infringement, if the relevant data are available; (e) penalties imposed on the trader for the same infringement in other Member States in cross-border cases where information about such penalties is available through the mechanism established by Regulation (EU) 2017/2394[A1] of the European Parliament and of the Council; (f) any other aggravating or mitigating factors applicable to the circumstances of the case.

2023/09/08
Committee: IMCO

Svenja HAHN

Proposal for a directive
Article 12

Directive (EU) 2019/771
Article 13(2)

Amendment to Directive (EU) 2019/771 In Article 13(2) of Directive (EU) 2019/771 the following sentence is added: ‘ In derogation from the first sentence of this paragraph, where the costs for replacement are equal to or greater than the costs for repair, the seller shall repair the goods in order to bring those goods in conformity. ’rticle 12 deleted

2023/09/08
Committee: IMCO

Catharina RINZEMA, Svenja HAHN

Proposal for a directive
Article 16 – paragraph 1

1. Article 5(1) and (2) and Article 6 of this Directive shall not apply to contracts for the provision of repair services concluded before [2430 months after the entry into force].

2023/09/08
Committee: IMCO

Catharina RINZEMA, Svenja HAHN

Proposal for a directive
Article 16 – paragraph 2

2. Article 12 of this Directive shall not apply to sales contracts concluded before [2430 months after the entry into force]

2023/09/08
Committee: IMCO

Svenja HAHN

Proposal for a directive
Annex I

~~EUROPEAN REPAIR INFORMATION FORM 1 [...] 2 [...] Indications between square brackets provide explanations for the repairer and must be replaced with the corresponding information.~~deleted

2023/09/08
Committee: IMCO

34 Amendments of Svenja HAHN related to 2023/0083(COD)

ParlTrack - 2011-2024