74 Amendments of Anna CAVAZZINI related to 2023/0083(COD)
Amendment 74 #
Proposal for a directive
Recital 3
Recital 3
(3) In order to reduce premature disposal of viable goods purchased by consumers and to encourage consumers to use their goods longer, it is necessary to set out rules on repair of such goods. Repair should result in a more sustainable consumption, respectful of planetary boundaries, since it is likely to generate less waste caused by discarded goods, less demand for resources, including energy, caused by the process of manufacturing and sale of new goods replacing defective goods, as well as less greenhouse gas emissions. This Directive promotes sustainable consumption in view of achieving benefits for the environment while also producing benefits for consumers by avoiding costs associated with new purchases in the short term.
Amendment 77 #
Proposal for a directive
Recital 4
Recital 4
(4) Regulation (EU)… of the European Parliament and of the Council [on the Ecodesign Sustainable Products] lays down, in particular, supply-side requirements pursuing the objective of more sustainable product design at the production phase. Directive (EU)… of the European Parliament and of the Council [on Empowering consumers for the green transition] lays down demand-side requirements ensuring the provision of better information on durability and reparability of goods at the point of sale, which should enable consumers to make informed sustainable purchasing decisions. Requirements should entail, inter alia, the display of a repair score at point of sale to enable consumers to make informed purchase decision, but also measures to ban practices of premature obsolescence at design stage that would prevent goods to be repaired. This Directive complements those supply- side and demand-side requirements, by promoting repair and reuse in the after- sales phase both within and outside the liability of the seller established by Directive (EU) 2019/771. This Directive thus pursues the objectives, in the context of the European Green Deal, of promoting a more sustainable consumption, a circular economy and the green transition.
Amendment 79 #
Proposal for a directive
Recital 6
Recital 6
(6) Reparability requirements should comprise all requirements under Union legal acts which ensure that goods can be repaired, including but not limited to requirements under the ecodesign framework referred to in Regulation [on the Ecodesign for Sustainable Products], to cover a broad range of products as well as future developments in any other field of Union law.
Amendment 80 #
Proposal for a directive
Recital 6 a (new)
Recital 6 a (new)
(6a) A certain number of obstacles prevent consumers from opting for repair, notably unavailability of information on reparability of a product when purchasing a good, lack of information on repair services, lack of access to spare parts, lack of interoperability and similar technical barriers, but above all costs of repair which remain too high. This Directive must therefore ensure that consumers can use effectively their right to repair through the setting of a stable and fair legal framework. This means, inter alia, adopting measures to ensure fair and non-discriminatory access to spare parts, repair and maintenance information, diagnosis tools to all actors of the repair sector as well as banning certain practices that limit repair of goods.
Amendment 85 #
Proposal for a directive
Recital 8
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).
Amendment 89 #
Proposal for a directive
Recital 9
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,Charging those costs should be limited to cases where 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. Those costs should be deduced from the final price of the repair. 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.
Amendment 91 #
Proposal for a directive
Recital 10
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 time30 calendar days. 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.
Amendment 95 #
Proposal for a directive
Recital 11
Recital 11
(11) Directive (EU) 2019/771 imposes an obligation on sellers to repair goods in the event of a lack of conformity which existed at the time that the goods were delivered and which becomes apparent within the liability period. Under that Directive, consumers are not entitled to have defects repaired which fall outside that obligation. As a consequence, a large number of defective, but otherwise viable, goods are prematurely discarded. In order to encourage consumers to repair their good in such situations, this Directive should impose an obligation on producers to repair goods to which reparability requirements imposed by Union legal acts applyhat fall under the scope of legal acts listed in the Annex II of this Directive. That repair obligation should be imposed, upon the consumer’s request, on the producers of such goods, since they are the addressees of those reparability requirements. That obligation should apply to producers established both inside and outside the Union in relation to goods placed on the Union market.
Amendment 99 #
Proposal for a directive
Recital 12
Recital 12
(12) Since the obligation to repair imposed on producers under this Directive covers defects that are not due to the non- conformity of the goods with a sales contract, producers may provide repair against a price paid by the consumer, against another kind of consideration, or for free. The charging of a price should encourage producers to develop sustainable business models, including the provision of repair services. Such a price mayshould take into account, for instance, labour costs, costs for spare parts, costs for freight and delivery or related costs, costs for operating the repair facility and a customary margin. For cases where those costs cannot be estimated prior to the repair, information on maximum expected price should be delivered to consumers. The price for and the conditions of repair should be agreed in a contract between the consumer and the producer and the consumer should remain free to decide whether that price and those conditions are acceptable. The need for such a contract and the competitive pressure from other repairers should encourage producers who are obliged to repair to keep the price acceptable for the consumer. The repair obligation may also be performed for free when the defect is covered by a commercial guarantee, for instance, in relation to guaranteed durability of goods.
Amendment 106 #
Proposal for a directive
Recital 14
Recital 14
(14) The requirements laid down in delegated acts adopted pursuant to Regulation [on the Ecodesign for Sustainable Products] or implementing measures adopted pursuant to Directive 2009/125/EC of the European Parliament and of the Council16 , according to which producers should provide access to spare parts, repair and maintenance information or any repair related software tools, firmware or similar auxiliary means, apply. Those requirements ensure the technical feasibility of repair, not only by the producer, but also by other repairers, including independent ones. As a consequence, the consumer can select a repairer of its choice. In this context, this Directive should ensure that all actors of the repair sector can access spare parts at a reasonable and non-discriminatory price, as well as repair and maintenance information and diagnosis tools necessary to perform the repair, be it hardware of software. __________________ 16 Directive 2009/125/EC of the European Parliament and of the Council of 21 October 2009 establishing a framework for the setting of ecodesign requirements for energy-related products (recast) (Text with EEA relevance) (OJ L 285, 31.10.2009, p. 10–35).
Amendment 119 #
Proposal for a directive
Recital 16
Recital 16
(16) To avoid overburdening producers and to ensure they are able to perform their obligation to repair, that obligation should be limited to those products for which and to the extent any reparability requirements are provided for in Union legal actsthat fall under the scope of the legal acts listed in the Annex II of this Directive. Reparability requirements do not oblige producers to repair defective goods, but ensure that goods are reparable. Such reparability requirements can be laid down in relevant Union legal acts. Examples are delegated acts adopted pursuant to Regulation [on the Ecodesign for Sustainable Products] or implementing measures adopted pursuant to Directive 2009/125/EC of the European Parliament and of the Council17 , which create a framework to improve the environmental sustainability of products. This limitation of the obligation to repair ensures that only those goods which are reparable by design are subject to such obligation. Relevant reparability requirements include design requirements enhancing the ability to disassemble the goods and a range of spare parts to be made available for a minimum period. The obligation to repair corresponds to the scope of the reparability requirements, for instance, ecodesign requirements may apply only to certain components of the goods or a specific period of time may be set to make spare parts available. The obligation to repair under this Directive, which allows the consumer to claim repair directly against the producer in the after- sales phase, complements the supply-side related reparability requirements laid down in Regulation [on the Ecodesign Sustainable Products], encouraging consumer demand for repair. __________________ 17 Directive 2009/125/EC of the European Parliament and of the Council of 21 October 2009 establishing a framework for the setting of ecodesign requirements for energy-related products (recast).
Amendment 122 #
Proposal for a directive
Recital 17
Recital 17
(17) To ensure legal certainty, this Directive lists in Annex II relevant product groups covered by such reparability requirements under Union legal actthe obligation to repair with the objective to establish a proper right to repair for consumers. In order to ensure coherence with market and legislative progress, including future reparability requirements under Union legal actsaw, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of in particular adding new product groups to Annex II when new reparability requirements are adopted. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making18 . In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council should receive all documents at the same time as Member States' experts, and their experts systematically should have access to meetings of Commission expert groups dealing with the preparation of delegated acts. __________________ 18 Interinstitutional Agreement between the European Parliament, the Council of the European Union and the European Commission on Better Law-Making (OJ L 213,12.5.2016, p. 1).
Amendment 124 #
Proposal for a directive
Recital 18
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, including independent ones. This choice should in particular be facilitated by requestingthrough the adoption of a certain number of measures that ensure fair competition in the repair and after-sales services markets such as ensuring access to spare parts at reasonable costs for all actors of the sector, but also by empowering consumers to request the European Repair Information Form not only from the producer or authorised repairers, 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.
Amendment 127 #
Proposal for a directive
Recital 19
Recital 19
(19) In line with Directive (EU) 2019/771, a producer should only be exempted from the obligation to repair where repair is factutechnically or legally impossible. For examplIn such cases, the producer should state in a written and easy-to- understand format to consumers the reasons for declining the repair request. Furthermore, the producer should not refuse repair for purely economic reasons, such as the costs of spare parts. National law implementing Directive (EU) 2019/771 or the preceding Directive 1999/44/EC of the European Parliament and of the Council19 is already using the criterion whether repair is impossible and national courts are applying it. __________________ 19 Directive 1999/44/EC of the European Parliament and of the Council of 25 May 1999 on certain aspects of the sale of consumer goods and associated guarantees (OJ L 171, 7.7.1999, p. 12).
Amendment 131 #
Proposal for a directive
Recital 20
Recital 20
(20) In order to increase the consumer awareness on the availability of repair and thus its likelihood, producers, distributors and sellers should inform consumers of the existence of that obligation, including at the point of sale in a visible and prominent way. The information should mention the relevant goods covered by that obligation, together with an explanation that and to what extent repair is provided for those goods, for instance through sub- contractors. That information should be easily accessible to the consumer and provided in a clear and comprehensible manner, without the need for the consumer to request it, and in line with the accessibility requirements of Directive 2019/882. The producer is, distributor and seller are free to determine the means through which it informs the consumer.
Amendment 134 #
Proposal for a directive
Recital 21
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, including community- led repair initiatives, 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.
Amendment 138 #
Proposal for a directive
Recital 22
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 cCommunity-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.
Amendment 147 #
Proposal for a directive
Recital 26 a (new)
Recital 26 a (new)
(26a) Costs of repair have been identified as the main obstacle preventing consumers to go for this option outside the liability of the seller provided under Directive (EU) 2019/771. In order to address this problem, Member States should take appropriate measures to establish financial and fiscal incentives that allow consumers to claim back part of the costs of repair, and thus, making it a more attractive option. Furthermore, Directive 2008/98/EC requires that Member States take measures to encourage the design of products that are durable and reparable. In line with the general requirements applicable to Extended Producer Responsibility schemes in place, Member States should design the modulation of fees so that they contribute to effective waste prevention, including through repair and reuse. A significant part of the fees should be earmarked to develop reused systems, deposit refund schemes and support the repair sector with the view of making repair an affordable and attractive option for consumers.
Amendment 148 #
Proposal for a directive
Recital 27
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. When issuing a standardisation request, the Commission should take appropriate steps to involve all relevant stakeholders in the process, including independent repairers, environmental NGOs and consumer organisations, to reflect to the extent possible all aspects of the repair.
Amendment 157 #
Proposal for a directive
Recital 28
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. Furthermore, Directive (EU) 2019/771 should be adapted to incentivize consumers to opt for repair by offering them a “restart” of the legal guarantee of conformity once the good has been repaired, meaning an additional period of two years in the event of lack of conformity after the repair has been performed. Other measures should include offering them a free-of-charge temporary replacement good, or when not feasible against a reasonable fee, while their goods are being repaired, as well as setting time limits to perform the repair that should not exceed 15 calendar days.
Amendment 162 #
Proposal for a directive
Recital 28 a (new)
Recital 28 a (new)
(28a) Durability requirements may be provided under Union law for certain product-categories and that go beyond the liability period specified under Article 10 of Directive (EU) 2019/771. In such cases, Directive (EU) 2019/771 should be amended to introduce longer product- specific legal guarantee periods to match better the estimated lifespan of such products. This should go hand in hand with longer period for reversed burden of proof where any lack of conformity which becomes apparent within this period should be presumed to have existed at the time of delivery of the good. In order to provide for specific longer legal guarantee period for certain product-categories, the Commission is empowered to adopt delegated act in accordance with Article 290 of the Treaty on the Functioning of the European Union.
Amendment 166 #
Proposal for a directive
Recital 28 b (new)
Recital 28 b (new)
(28b) Directive (EU) 2019/771 provides for a regime where the seller is liable towards consumers in case of lack of conformity of the good. Introducing the possibility to bring their claims directly towards producers would promote access to repair for consumers since producers are the best placed to correct a defect and bring the good into conformity. Therefore, Directive (EU) 2019/771 should be amended accordingly.
Amendment 168 #
Proposal for a directive
Recital 30
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 [124 months after the entry into force]. The amendment to Directive (EU) 2019/771 should apply only to sales contracts concluded after [24 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.
Amendment 178 #
Proposal for a directive
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Directive lays down common rules promoting the repair of goodto establish a right to repair for consumers, with a view to contributing to the proper functioning of the internal market, while providing for a high level of consumer and environmental protection, aiming at promoting sustainable consumption patterns within planetary boundaries.
Amendment 186 #
Proposal for a directive
Article 2 – paragraph 1 – point 10
Article 2 – paragraph 1 – point 10
10. ‘reparability requirements’ mean requirements under the Union legal acts listed in Annex II which enable a product to be repaired including requirements to improve its ease of disassembly, access to spare parts, and repair-related information and tools applicable to products or specific components of products;
Amendment 193 #
Proposal for a directive
Article 3 – paragraph 1
Article 3 – paragraph 1
Member States shall not maintain or introduce in their national law provisions diverging from those laid down in this Directive, unless provided otherwise in this Directive.
Amendment 194 #
Proposal for a directive
Article 3 a (new)
Article 3 a (new)
Article 3a Universal Right to Repair 1. Member States shall ensure that consumers can access repair services, either by the manufacturer, or authorized or independent repairer, to restore a defective good to a condition where it fulfils its intended use, and with the ultimate goal to extend their lifetime. 2. Member States shall ensure fair competition in the repair sector by ensuring non-discriminatory access at reasonable price to spare parts, diagnosis tools as well as to repair and maintenance information, to all actors of the repair sector. 3. Any contractual, hardware or software technique preventing or limiting independent repair outside of the manufacturer or distributor’s authorised networks shall be prohibited. Such measures shall include provisions to allow the use of compatible spare parts, including those stemming from 3D printing. 4. Member States shall take appropriate measures to ban practices that prevent consumers to exert their right to repair, including but not limited to: (a) Inducing consumers to think that their good cannot be repaired due to previous repair or inspections by an independent repairer, non-professional repairer or end-users, or by inducing that it may generate risks related to safety; (b) Refusing to repair a good that has been previously repaired by an independent repairer, non-professional repairer or end-user.
Amendment 204 #
Proposal for a directive
Article 4 – paragraph 3 – subparagraph 1
Article 4 – paragraph 3 – subparagraph 1
Amendment 213 #
Proposal for a directive
Article 4 – paragraph 4 – point e
Article 4 – paragraph 4 – point e
(e) the price or, if the pricetotal price, including but not limited to costs for spare parts, labour costs, costs for operating the repair facility, costs for the freight, delivery or post charges, or, if either the total price or any of its subparts cannot reasonably be calculated in advance, the manner in which the price is to be calculated and the maximum expected price for the repair;
Amendment 217 #
Proposal for a directive
Article 4 – paragraph 4 – point f
Article 4 – paragraph 4 – point f
(f) the estimated maximum time needed to complete the repair;
Amendment 218 #
Proposal for a directive
Article 4 – paragraph 4 – point g
Article 4 – paragraph 4 – point g
(g) the availability of free-of-charge temporary replacement goods during the time of repair and the costs of temporary replacement, if any, for the consumer. When provided against reasonable costs, the consumer shall be informed thereof;
Amendment 226 #
Proposal for a directive
Article 4 – paragraph 5
Article 4 – paragraph 5
5. The repairer shall not alter the conditions of repair specified in the European Repair Information Form for a period of 30 calendar days as from the date on which that form was provided to the consumer, unless the repairer and the consumer have agreed otherwise. If a contract for the provision of repair services is concluded within the 30 day period, the conditions of repair specified in the European Repair Information Form shall constitute an integral part of that contract.
Amendment 238 #
Proposal for a directive
Article 5 – paragraph 1
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 Unionn affordable price, goods that fall under the scope of legal acts as listed in Annex II. The producer shall not be obliged to repair such goods where repair is impossibletechnically or legally impossible. The producer shall not refuse the consumer’s request purely due to economic considerations such as the costs incurred by the repair. The producer may sub-contract repair in order to fulfil its obligation to repair.
Amendment 243 #
Proposal for a directive
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
1a. The repair pursuant to paragraph 1 shall be carried out subject to the following conditions: (a) it shall be carried out either free of charge or at an affordable price for consumers; (b) it shall be carried out within a maximum of 15 calendar days, to be further defined depending on the specificities of product-category, from the moment the producer has taken physical possession of the good, has received the good or has been given access to the good by the consumer; and (c) the producer shall provide the consumer with a replacement good free of charge or against a reasonable fee for the duration of the repair.
Amendment 247 #
Proposal for a directive
Article 5 – paragraph 2
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 producerfulfilment service provider shall perform the obligation of the producer. Where there is no fulfilment service provider involved, the distributor of the good concerned shall perform the obligation of the producer. For cases where there is no economic operator as listed in the first subparagraph able to fulfil the obligation of the producer, the obligation of the producer shall be performed by a provider of online marketplace.
Amendment 255 #
Proposal for a directive
Article 5 – paragraph 3
Article 5 – paragraph 3
3. Producers shall ensure thatgrant to independent repairers haveand end-users access to all spare parts and all repair- related information and tools, in accordance with the Union legal acts listed in Annex IIcluding diagnosis tools, for the goods and, where relevant, access to data, that fall under the scope of legal acts listed in Annex II, at reasonable and non-discriminatory costs for a period corresponding to at least to expected lifespan of the product.
Amendment 265 #
Proposal for a directive
Article 5 – paragraph 3 a (new)
Article 5 – paragraph 3 a (new)
3a. Producers shall not prevent the use of second-hand spare parts, including compatible spare parts and spare parts issued from 3D-printing, by independent repairers when those are in conformity with requirements under national or Union law.
Amendment 270 #
Proposal for a directive
Article 5 – paragraph 3 b (new)
Article 5 – paragraph 3 b (new)
3b. Producers shall not prevent repair outside their authorized networks through the use of any contractual, hardware or software technique.
Amendment 272 #
Proposal for a directive
Article 5 – paragraph 3 c (new)
Article 5 – paragraph 3 c (new)
3c. Producers shall make available on their websites all information related to repair, such as repair prices and prices of spare parts for the goods falling under the scope of legal acts listed in Annex II.
Amendment 278 #
Proposal for a directive
Article 5 – paragraph 4
Article 5 – paragraph 4
4. The Commission is empowered to adopt delegated acts in accordance with Article 15 to amend Annex II by updating the list of Union legal acts laying down reparability requirements inthat are subject to the oblight of legislative developmentsation to repair.
Amendment 281 #
Proposal for a directive
Article 6 – paragraph 1
Article 6 – paragraph 1
Member States shall ensure that producers, distributors and sellers inform consumers of their obligation to repair pursuant to Article 5 and provide information on the repair services in an easily accessible, clear and comprehensible manner, for example through the online platform referred to in Article 7, their websites, as well as at point of sale.
Amendment 284 #
Proposal for a directive
Article 6 – paragraph 1 a (new)
Article 6 – paragraph 1 a (new)
Amendment 288 #
Proposal for a directive
Article 7 – paragraph 1 – introductory part
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 easily find repairers and repair led-communities. That platform shall:
Amendment 293 #
Proposal for a directive
Article 7 – paragraph 1 – point c a (new)
Article 7 – paragraph 1 – point c a (new)
(ca) inform consumers about applicable financial and fiscal incentives to lower costs of repair;
Amendment 307 #
Proposal for a directive
Article 7 – paragraph 3 a (new)
Article 7 – paragraph 3 a (new)
3a. Member States shall ensure that the information on the online platform for repair is communicated to consumers at the point of sale. They shall also make the platform accessible and ensure that the information provided is up-to-date.
Amendment 308 #
Proposal for a directive
Article 7 – paragraph 3 b (new)
Article 7 – paragraph 3 b (new)
3b. Member States shall communicate to the Commission the link of the online platform for repair in their territory by [12 months after entry into force of this Directive]. The Commission shall keep a publicly available, easily accessible and machine-readable database of existing platforms for repair in Member States.
Amendment 318 #
Proposal for a directive
Article 9 a (new)
Article 9 a (new)
Article 9a Financial incentives 1. Member States shall take appropriate measures to support affordable repair for consumers. Such measures shall include, but are not limited to, fiscal and financial incentives to make repair more attractive to consumers. 2. The measures referred to in paragraph 1 may, for example, take the form of repair vouchers, national repair funds or other similar measures and incentives, such as reduced VAT rates, that allow consumers to claim back part or lower the repair costs. 3. In line with Article 8(a)4(b) of Directive 2008/98/EC, Member States shall adopt measures to ensure that a significant part of financial contributions under extended producer responsibility schemes are dedicated to the development of instruments that support the repair sector. 4. Member States shall report to the Commission the measures taken under paragraph 1 by [24 months after the date of transposition of this Directive]. The Commission shall make the measures introduced by Member States publicly available. 5. By [4 years after the date of transposition of this Directive], the Commission shall review and assess the effectiveness of the measures taken by Member States in promoting repair in their territories.
Amendment 326 #
Proposal for a directive
Article 11 – paragraph 1 a (new)
Article 11 – paragraph 1 a (new)
1a. Member States shall ensure that the following non-exhaustive and indicative criteria are taken into account for the imposition of penalties, where appropriate: (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 of the European Parliament and of the Council; (f) any other aggravating or mitigating factors applicable to the circumstances of the case.
Amendment 327 #
Proposal for a directive
Article 11 – paragraph 1 b (new)
Article 11 – paragraph 1 b (new)
1b. Member States shall ensure that when penalties are to be imposed in accordance with Article 21 of Regulation (EU) 2017/2394, they include the possibility either to impose fines through administrative procedures or to initiate legal proceedings for the imposition of fines, or both, the maximum amount of such fines being at least 4 % of the trader’s annual turnover in the Member State or Member States concerned. Without prejudice to that Regulation, Member States may, for national constitutional reasons, restrict the imposition of fines to: (a) infringements of Articles 6, 7, 8, 9 and of Annex I to this Directive; and (b) a trader’s continued use of a commercial practice that has been found to be unfair by the competent national authority or court, when that commercial practice is not an infringement referred to in point (a).
Amendment 328 #
Proposal for a directive
Article 11 – paragraph 1 c (new)
Article 11 – paragraph 1 c (new)
1c. For cases where a fine is to be imposed in accordance with paragraph 3, but information on the trader’s annual turnover is not available, Member States shall introduce the possibility to impose fines, the maximum amount of which shall be at least EUR 2 million.
Amendment 330 #
Proposal for a directive
Article 11 – paragraph 2
Article 11 – paragraph 2
2. Member States shall, by 124 months from the entry into force notify the Commission of the rules and of the measures referred to in paragraph 1and shall notify it without delay of any subsequent amendment affecting them.
Amendment 333 #
Proposal for a directive
Article 12 – paragraph -1 (new)
Article 12 – paragraph -1 (new)
-1. Article 7(1), point (d) of Directive (EU) 2019/771 is replaced by the following: ‘(d) be of the quantity and possess the qualities and other features, including in relation to durability, reparability, functionality, compatibility and security normal for goods of the same type and which the consumer may reasonably expect given the nature of the goods and taking into account any public statement made by or on behalf of the seller, or other persons in previous links of the chain of transactions, including the producer, particularly in advertising or on labelling.’
Amendment 334 #
Proposal for a directive
Article 12 – paragraph -1 a (new)
Article 12 – paragraph -1 a (new)
-1a. Article 10 of Directive 2019/771 is amended as follows: ‘1. The seller and the producer shall be jointly and severally liable to the consumer for any lack of conformity which exists at the time when the goods were delivered and which becomes apparent within two years of that time. Without prejudice to Article 7(3), this paragraph shall also apply to goods with digital elements. 2. In the case of goods with digital elements, where the sales contract provides for a continuous supply of the digital content or digital service over a period of time, the seller or producer shall also be jointly liable for any lack of conformity of the digital content or digital service that occurs or becomes apparent within two years of the time when the goods with digital elements were delivered. Where the contract provides for a continuous supply for more than two years, the seller shall be jointly liable for any lack of conformity of the digital content or digital service that occurs or becomes apparent within the period of time during which the digital content or digital service is to be supplied under the sales contract 2a. By derogation to paragraphs 1 and 2 of this Article, in case of goods for which durability requirements are provided for under Union law, the seller or producer shall be liable for longer periods than specified in paragraph 1 and 2 of this Article. The Commission shall adopt delegated acts to adjust the length of legal guarantee of conformity according to the period of the required durability that is provided for under Union law, while taking into consideration the estimated lifespan of the good.'
Amendment 335 #
Proposal for a directive
Article 12 – paragraph -1 b (new)
Article 12 – paragraph -1 b (new)
-1b. Article 10, paragraph 6 of Directive (EU) 2019/771, is replaced by the following: "6. Member States may provide that, in the case of second-hand goods, the seller and the consumer cannot agree to contractual terms or agreements with a shorter liability or limitation period than those referred to in paragraphs 1, 2 and 5. Member States may maintain or introduce longer time limits."
Amendment 336 #
Proposal for a directive
Article 12 – paragraph -1 c (new)
Article 12 – paragraph -1 c (new)
-1c. In Article 11 of Directive (EU) 2019/771, paragraph 1 is replaced by the following: ‘Any lack of conformity which becomes apparent within two years of the time when the goods were delivered shall be presumed to have existed at the time when the goods were delivered, unless proved otherwise or unless this presumption is incompatible with the nature of the goods or with the nature of the lack of conformity. This paragraph shall also apply to goods with digital elements.'
Amendment 337 #
Proposal for a directive
Article 12 – paragraph -1 d (new)
Article 12 – paragraph -1 d (new)
-1d. In Article 11 of Directive (EU) 2019/771, paragraph 2 is replaced by the following: 'Instead of the two-years period laid down in paragraph 1, where longer periods apply in accordance with Article 10(2a) and 10(3), Member States shall ensure that those periods apply also for reversed burden of proof.'
Amendment 346 #
Proposal for a directive
Article 12 – paragraph 1
Article 12 – paragraph 1
Directive (EU) 2019/771
Article 13 – paragraph 2
Article 13 – paragraph 2
‘In derogation from the first sentence of this paragraph, where the coststhe seller or producer shall repair the goods in order to bring those goods in conformity. In the case that repair is technically or legally not feasible or where repair does not bring the goods in conformity, the consumer is entitled to opt for the replacement are equal to orof the goods. For cases where the costs for repair are greater than the costs for repairlacement, the seller shall repair the goods in ordor producer may propose to consumers to replace the good in question, including by offering a refurbished good. Where the consumer directly request the producer to bring those goods into conformity. , and where this request is fulfilled by the producer, the seller shall be discharged from its liability pursuant to Article 10.'
Amendment 352 #
Proposal for a directive
Article 12 – paragraph 1 a (new)
Article 12 – paragraph 1 a (new)
In Article 13 of Directive (EU) 2019/771, the following paragraph is inserted: '4a. Where, in accordance with paragraph 2 of this Article, the good has been brought into conformity by means of repair, the seller or producer shall be liable for any lack of conformity which exists at the time the consumer received the repaired goods and which becomes apparent within 2 years after that time. This shall not apply if the seller has already successfully repaired the goods in accordance with Article 10. Without prejudice to Article 7(3), this paragraph shall also apply to goods with digital elements. This paragraph shall be without prejudice to other time limits under Article 10 and further claims of the consumer.'
Amendment 355 #
Proposal for a directive
Article 12 – paragraph 1 b (new)
Article 12 – paragraph 1 b (new)
In Article 14 of Directive (EU)2019/771, paragraph 1 is replaced by the following: “1. Repairs shall be carried out: (a) free of charge; (b) within maximum 15 calendar days, depending on specificities of the product- category, from the moment the seller has been informed by the consumer about the repair; and (c) without any significant inconvenience to the consumer, taking into account the nature of the goods and the purpose for which the consumer required the goods; (d) the seller shall provide the consumer with a free-of-charge, or against a reasonable fee, replacement good for the duration of the repair.”
Amendment 356 #
Proposal for a directive
Article 12 – paragraph 1 c (new)
Article 12 – paragraph 1 c (new)
In Article 14 of Directive (EU) 2019/771, the following paragraph is inserted: “1a. Replacements shall be carried out: (a) free of charge; (b) within a reasonable period of time from the moment the seller has been informed by the consumer about the lack of conformity; (c) without any significant inconvenience to the consumer, taking into account the nature of the goods and the purpose for which the consumer required the goods; and (d) upon request of the consumer, by offering a refurbished good”
Amendment 357 #
Proposal for a directive
Article 12 – paragraph 1 d (new)
Article 12 – paragraph 1 d (new)
In Article 14 of Directive (EU) 2019/771, the following paragraph is inserted: “4a. In the event that the consumer decides, pursuant to Article 13(2), that the producer shall bring the goods into conformity by means of repair, the producer shall be understood as being the seller for the purpose of this Article.”
Amendment 369 #
Proposal for a directive
Article 17 – paragraph 1 – subparagraph 1
Article 17 – paragraph 1 – subparagraph 1
Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by [124 months from the entry into force] at the latest. They shall immediately inform the Commission thereof.
Amendment 372 #
Proposal for a directive
Article 17 – paragraph 1 – subparagraph 3
Article 17 – paragraph 1 – subparagraph 3
Member States shall apply those measures from [124 months from the entry into force].
Amendment 378 #
Proposal for a directive
Annex II – subheading 1
Annex II – subheading 1
LIST OF UNION LEGAL ACTS SUBJECT TO THE OBLIGATION OF REPAIR
Amendment 380 #
Proposal for a directive
Annex II – subheading 2
Annex II – subheading 2
Amendment 383 #
Proposal for a directive
Annex II – point 1
Annex II – point 1
1. Household washing machines and household washer-dryers according to Commission Regulation (EU) 2019/202321 __________________ 21 Commission Regulation (EU) 2019/2023 of 1 October 2019 laying down ecodesign requirements for household washing machines and household washer-dryers pursuant to Directive 2009/125/EC of the European Parliament and of the Council, amending Commission Regulation (EC) No 1275/2008 and repealing Commission Regulation (EU) No 1015/2010 (OJ 315, 5.12.2019, p. 285).Regulation on [Ecodesign for Sustainable Products]
Amendment 385 #
Proposal for a directive
Annex II – point 2
Annex II – point 2
2. Household dishwashers according to Commission Regulation (EU) 2019/202222 __________________ 22 Commission RegulationREGULATION (EU) 2019/2022 of 1 October 2019 laying down ecodesign requirements for household dishwashers pursuant to Directive 2009/125/EC of the European Parliament and of the Council amending Commission Regulation (EC) No 1275/2008 and repealing Commission Regulation (EU) No 1016/2010 (OJ 315, 5.12.2019, p. 267).23/1542 concerning batteries and waste batteries
Amendment 386 #
Proposal for a directive
Annex II – point 3
Annex II – point 3
Amendment 388 #
Proposal for a directive
Annex II – point 4
Annex II – point 4
Amendment 390 #
Proposal for a directive
Annex II – point 5
Annex II – point 5
Amendment 392 #
Proposal for a directive
Annex II – point 6
Annex II – point 6
Amendment 394 #
Proposal for a directive
Annex II – point 7
Annex II – point 7
Amendment 397 #
Proposal for a directive
Annex II – point 8
Annex II – point 8
Amendment 399 #
Proposal for a directive
Annex II – point 9
Annex II – point 9