2023/0083(COD) Common rules promoting the repair of goods
Lead committee dossier:
Progress: Procedure completed
| Role | Committee | Rapporteur | Shadows |
|---|---|---|---|
| Lead | IMCO |
REPASI René ( S&D)
|
KOKALARI Arba ( EPP),
RINZEMA Catharina ( Renew),
CAVAZZINI Anna ( Verts/ALE),
MAZUREK Beata ( ECR),
JORON Virginie ( ID),
PELLETIER Anne-Sophie ( GUE/NGL)
|
| Committee Opinion | ENVI |
GLAVAK Sunčana ( EPP)
|
Mercedes BRESSO ( S&D),
João PIMENTA LOPES ( GUE/NGL),
Malte GALLÉE ( Verts/ALE)
|
| Committee Opinion | JURI |
Lead committee dossier:
Legal Basis:
RoP 57_o, TFEU 114
Legal Basis:
RoP 57_o, TFEU 114Subjects
Events
2024/07/10
Final act published in Official Journal
2024/06/13
CSL - Draft final act
Documents
2024/06/13
CSL - Final act signed
2024/05/30
EP/CSL - Act adopted by Council after Parliament's 1st reading
2024/04/23
EP - Decision by Parliament, 1st reading
Details
The European Parliament adopted by 584 votes to 3, with 14 abstentions, a legislative resolution on the proposal for a directive of the European Parliament and of the Council on common rules promoting the repair of goods and amending Regulation (EU) 2017/2394, Directives (EU) 2019/771 and (EU) 2020/1828.
The European Parliament’s position adopted at first reading under the ordinary legislative procedure amends the proposal as follows:
Obligation to repair
Member States should ensure that upon the consumer’s request, the manufacturer should repair goods such as washing machines, hoovers, smartphones, tumble dryers and goods with light means of transport batteries for which reparability requirements are laid down in EU legal acts. The producer should not be obliged to repair goods where repair is legally or materially impossible.
The repair should be carried out subject to the following conditions:
- it should be carried out either free of charge or for a reasonable price ;
- it should be carried out within a reasonable period of time from the moment the manufacturer has physical possession of the good, has received the good or has been given access to the good by the consumer;
- the manufacturer may provide the consumer with the loan of a replacement good free of charge or for a reasonable fee for the duration of the repair; and
- in cases where the repair is impossible, the manufacturer may offer the consumer a refurbished good .
Manufacturers that make spare parts and tools available for goods covered by Union legal acts listed in Annex II should offer these spare parts and tools at a reasonable price that does not deter repair.
Consumers should have access, via a free access website, information on the indicative prices that are charged for the typical repair of goods covered by Union legal acts listed in Annex II.
Manufacturers should not:
- use any contractual clauses, hardware or software techniques that impede the repair of goods covered by Union legal acts listed in Annex II unless justified by legitimate and objective factors;
- impede the use of original or second-hand spare parts, compatible spare parts and spare parts issued from 3D-printing, by independent repairers when those spare parts are in conformity with requirements under Union or national law;
- refuse to repair goods covered by Union legal acts listed in Annex II for the sole reason that a previous repair has been performed by other repairers or by other persons.
European Repair Information Form
Repairers may provide the consumer with the European Repair Information Form set out in Annex I. The European Repair Information Form should be provided on a durable medium and within a reasonable period of time after the request and before the consumer is bound by a contract for the provision of repair services.
European Online Platform for repair
A European online platform for repair should be established to allow consumers to find repairers and, where applicable, sellers of refurbished goods, purchasers of defective goods for refurbishment or community-led repair initiatives.
The European online platform should consist of the national sections that use the common online interface and should include links to the national online platforms for repair. By 36 months from the date of entry into force of this Directive, the Commission should develop the common online interface for the European online platform.
Member States may extend the scope of their national section on the European online platform or, where applicable, their national online platform to cover, not only repairers, but also sellers of goods that have been subject to refurbishment, purchasers of defective goods for refurbishment or community-led repair initiatives.
An expert group composed of representatives of all Member States and chaired by a representative of the Commission should advise the Commission with regard to the design and functioning of the European online platform and its national sections.
By 24 months from the date of entry into force of this Directive, Member States should inform the Commission about the national contact point that they have designated for the European online platform.
Measure promoting repairs
Member States should take at least one measure promoting repair. Such measures could be of financial or of non-financial nature .
M easures of non-financial nature could include information campaigns, support to community-led repair initiatives through direct means like providing space for repair laboratories or meeting places, for instance in community or cultural centres. Measures of financial nature could, for example, take the form of repair vouchers, repair funds, supporting or creating local or regional online platforms for repair, organising or financing training programs to acquire special skills in repair, taxation measures.
Reporting by the Commission and review
By 7 years from the date of entry into force of this Directive, the Commission should submit a report on the application of this Directive. The report should assess the contribution of this Directive to promoting repair in the internal market, including the repair of goods subject to repairability requirements outside the legal guarantee and the consumers’ choice for repair within the legal guarantee as well as its impact on businesses and consumers.
Documents
2024/04/22
EP - Debate in Parliament
Documents
2024/02/22
EP - Approval in committee of the text agreed at 1st reading interinstitutional negotiations
Documents
2024/02/14
CSL - Coreper letter confirming interinstitutional agreement
Documents
2024/02/14
EP - Text agreed during interinstitutional negotiations
Documents
2023/11/21
EP - Results of vote in Parliament
Documents
2023/11/21
EP - Decision by Parliament, 1st reading
Details
The European Parliament adopted by 590 votes to 15, with 15 abstentions, amendments to the proposal for a Directive of the European Parliament and of the Council on common rules promoting the repair of goods and amending Regulation (EU) 2017/2394, Directives (EU) 2019/771 and (EU) 2020/1828.
The matter was referred back to the committee responsible for interinstitutional negotiations.
Obligation to repair
Given that a clear majority of EU citizens would rather have a good repaired than buy a new one, Members believe that all consumers should be able to have their goods repaired beyond the legal guarantee period .
Member States should ensure that, at the consumer's request, the producer repairs goods such as washing machines, hoovers, smartphones and bicycles, whether or not reparability requirements are laid down for these goods in EU legal acts. The producer would not be obliged to repair goods where repair is legally or factually impossible. The producers should not reject the consumer's request on purely economic grounds such as cost.
The repair pursuant should be carried out subject to the following conditions:
- it should be carried out either free of charge or in return for consideration;
- it should be carried out within a reasonable time from the moment the producer has physical possession of the good, has received the good or has been given access to the good by the consumer;
- the producer may provide the consumer with the loan of a replacement good free of charge or against a reasonable fee for the duration of the repair; and
- in cases where the repair is factually or legally impossible, the producer may provide the consumer with a refurbished product that should upon acceptance by the consumer discharge the producer from the repair obligation.
For all goods listed in Annex II to this Directive, producers should:
- ensure that independent repairers , remanufacturers, refurbishers and end-users have access to all spare parts and all repair-related information and tools, including diagnosis tools, at a reasonable and non-discriminatory cost for a period corresponding to at least the expected lifespan of the product;
- make available on their websites all information related to repair, such as repair prices and prices of spare parts for the goods listed in Annex II;
- not impede the repair by any contractual, hardware or software technique. Producers shall not impede the use of original or second-hand spare parts, compatible spare parts and spare parts issued from 3D-printing, by independent repairers when those spare parts are in conformity with requirements under national or Union law;
- not refuse to service or repair a device that was bought or previously repaired outside of their authorised service or distribution networks.
Online platform for repair and refurbishment goods
Member States should encourage private initiatives to create online platforms where consumers can easily find repairers, including participatory repair initiatives and repair cafés . These platforms should inform consumers of the financial and fiscal incentives applicable to lower costs of repair and allow for consumers to provide a review or rating, reflect the quality of repairers’ work.
Measures taken by Member States to promote repair
To make repair affordable for all citizens, the report noted that Member States should take appropriate measures promoting repair. These measures may take the form of repair vouchers, national repair funds or other actions and incentives. Moreover, Member States should ensure that the provider of a repair should be liable for any lack of conformity for the repaired part or parts, aspects or feature of the good, which exists at the time when the consumer received the repaired good and which becomes apparent within a minimum period of at least twelve months of that time.
Legal guarantees
Member States should ensure that commercial guarantees of durability sold in addition to the legal guarantee of conformity under Directive (EU) 2019/771, should always include a right to repair for the product covered during its duration. When promoting the commercial guarantee, producers should ensure that a summary of the conditions of the commercial guarantee is provided in a clear and precise manner, so that consumers are fully aware of their rights and are not mislead.
Penalties
It is necessary that Member States lay down penalties for infringements of this Directive and ensure that they are enforced. The penalties should be effective, proportionate and dissuasive.
Documents
2023/11/21
EP - Matter referred back to the committee responsible
2023/11/20
EP - Debate in Parliament
Documents
2023/10/30
EP - Committee report tabled for plenary, 1st reading
Details
The Committee on the Internal Market and Consumer Protection adopted the report by René REPASI (S&D, DE) on the proposal for a directive of the European Parliament and of the Council on common rules promoting the repair of goods and amending Regulation (EU) 2017/2394, Directives (EU) 2019/771 and (EU) 2020/1828.
The committee responsible recommended that the European Parliament's position adopted at first reading under the ordinary legislative procedure should amend the proposal as follows:
Obligation to repair
The report stated that the producer may offer the consumer a replacement good, including refurbished goods, for the duration of the repair. Producers should not, however:
- refuse the repair of a device solely on the grounds that it has previously been repaired by an independent or professional repairer or where a previous repair has been made using non-original but compatible spare parts and shall not implement any contractual, hardware or software limits to repairs of their goods by independent or professional repairers,
- be obliged to repair such goods where repair is factually or legally impossible.
Producers should make available on their websites information related to repair, such as estimates of repair prices and prices of spare parts .
Producers should for at least the expected lifetime of the product ensure that independent and professional repairers, refurbishers, and when appropriate end-users, have access to spare parts , including original parts or parts derived from the dismantling of non-repairable products.
Where spare parts are no longer made available, the producer, with the exception of SMEs, shall, where relevant, provide in an electronic format, following a justified request outlining the specific use of the information and taking into account the need to safeguard product safety, the necessary information and instructions for 3D printing of spare parts .
Repair or replacement of the goods
Replacements should be carried out free of charge and within a reasonable period of time.
Online platform for repair and goods subject to refurbishment
Member States should ensure that at least one online platform exists for their territory that allows consumers to find repairers and repair community initiatives such as repair cafés .
Member States measures promoting repair
To make repair affordable for all citizens, the report noted that Member States should take appropriate measures promoting repair. These measures may take the form of repair vouchers , national repair funds or other actions and incentives. Moreover, Member States should ensure that the provider of a repair should be liable for any lack of conformity for the repaired part or parts, aspects or feature of the good, which exists at the time when the consumer received the repaired good and which becomes apparent within a minimum period of at least twelve months of that time.
Legal guarantees
Member States should ensure that commercial guarantees of durability sold in addition to the legal guarantee of conformity under Directive (EU) 2019/771, shall always include a right to repair for the product covered during its duration. When promoting the commercial guarantee, producers should ensure that a summary of the conditions of the commercial guarantee is provided in a clear and precise manner, so that consumers are fully aware of their rights and are not mislead.
Penalties
It is necessary that Member States lay down penalties for infringements of this Directive and ensure that they are enforced. The penalties should be effective, proportionate and dissuasive.
Documents
2023/10/25
EP - Vote in committee, 1st reading
2023/10/12
EP - Committee opinion
Documents
2023/10/10
CofR - Committee of the Regions: opinion
Documents
2023/09/15
PT_PARLIAMENT - Contribution
Documents
2023/09/08
EP - Amendments tabled in committee
Documents
2023/09/08
EP - Amendments tabled in committee
Documents
2023/07/17
CZ_SENATE - Contribution
Documents
2023/07/12
EP - Referral to associated committees announced in Parliament
2023/06/26
EP - Committee draft report
Documents
2023/06/21
EP - GLAVAK Sunčana (EPP) appointed as rapporteur in ENVI
2023/06/14
ESC - Economic and Social Committee: opinion, report
Documents
2023/06/12
CZ_CHAMBER - Contribution
Documents
2023/04/18
EP - REPASI René (S&D) appointed as rapporteur in IMCO
2023/04/17
EP - Committee referral announced in Parliament, 1st reading
2023/03/23
EC - Document attached to the procedure
Documents
2023/03/23
EC - Document attached to the procedure
Documents
2023/03/23
EC - Document attached to the procedure
Documents
2023/03/22
EC - Legislative proposal published
Details
PURPOSE: to lay down uniform rules promoting the repair of goods, with a view to contributing to the proper functioning of the internal market, while providing for a high level of consumer and environmental protection.
PROPOSED ACT: Directive of the European Parliament and of the Council.
ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure and on an equal footing with the Council.
BACKGROUND: when consumer products become defective, consumers often do not seek to repair them, but discard them prematurely, even though they could be repaired and used for longer. This happens under the legal guarantee of the Sale of Goods Directive (SGD) ( Directive (EU) 2019/771 ) when consumers choose replacement instead of repair, and outside the legal guarantee, when consumers are dissuaded from repair because of sub-optimal repair choices and conditions. In this context, the use of refurbished goods is also limited, leaving the potential for goods to be reused by different users untapped.
The premature disposal of reparable goods purchased by consumers leads to an increase in waste and generate greenhouse gas emissions and more demand for valuable resources in the production of new goods. The problem of premature disposal of repairable goods purchased by consumers exists across the EU for a wide range of these goods. More than two-thirds of respondents to the public consultation (65–74%) supported EU-level solutions.
The European Commission's European Green Deal focuses on the green transition, which comprises sustainable consumption. The outcome of the Conference on the Future of Europe (CoFoE) also included a call for a right to repair. This proposal seeks to deliver on both by increasing the repair and reuse of viable defective goods purchased by consumers within and beyond the legal guarantee.
The ‘right to repair' initiative will promote sustainable consumption throughout a product's lifecycle, making it easier and cheaper for consumers to repair defective goods, reducing waste and boosting the repair sector.
CONTENT: the proposal aims to increase the repair and reuse of viable defective goods purchased by consumers within and beyond the legal guarantee, to promote sustainable consumption. The proposal will promote repair both within and beyond the legal guarantee:
Within the guarantee : the Sale of Goods Directive provides that for a period of two years, a consumer can request the seller to repair or replace a good free of charge in case of defects that are due to non-conformity of the goods with a sales contract. Under the new rules, when repair is cheaper or equal in cost, sellers will have to provide free repair as a remedy instead, within a reasonable time and without any inconvenience for the consumer.
Beyond the legal guarantee : producers of goods subject to repairability requirements under Union legal acts, such as TVs or dishwashers, will be obliged to repair a product for 5-10 years after purchase (depending on the type of product), unless this is impossible (for example, if products are damaged in a manner in which repair is technically impossible).
The proposal lays down several measures to facilitate and encourage repair and reuse of goods:
- obligation to repair goods to which reparability requirements under Union legal acts apply : the producers will be obliged to repair outside the legal guarantee. They can repair for a price or for free as part of a commercial guarantee. The proposal sets out examples of product groups currently covered: (i) household washing machines; (ii) household dishwashers; (iii) refrigerating appliances and vacuum cleaners. More products will be added in the coming years, starting with smartphones and tablets;
- informing consumers about producers’ repair obligation : producers who are obliged to repair need to inform consumers of the obligation and provide information on the repair services;
- online national repair platform, matchmaking consumers with repairers and sellers of refurbished goods : the platform is intended to help consumers to find and compare different repair services, based on various repair conditions, including indicative prices. Consumers can also find sellers or refurbished goods and purchasers of used goods for refurbishment. The platform will also help consumers find attractive repair or reuse options as an alternative to buying new goods;
- a European Repair Information Form : the form provides standardised key information on the conditions and price of the repair service. Consumers will be able to request the form from any repairer, who may not alter the conditions for 30 days. Consumers will also have the possibility to compare repair services and find the one that suits them best;
- a voluntary European quality standard for repair services will help consumers identify repairers who commit to certain quality standards : the standard will boost consumer trust in repair services across the Union. The Commission will facilitate the development of this standard.
These measures will lead to an increase in the repair of goods in the Union. Consumers will benefit from significant saving by using their products longer. The EU economy will benefit overall: the repair sector will grow as a result of increased demand, while sellers and manufacturers will be encouraged to develop sustainable business models. The environment will benefit from less waste, demand for new resources and greenhouse gas production.
Amendment to the SGD
The proposal also adapts in a targeted manner the harmonised conditions under which the choice between the remedies of repair and replacement can be exercised according to the Sale of Goods Directive. The consumer may choose between repair and replacement, unless the remedy chosen would be impossible or, compared to the other remedy, would impose costs on the seller that would be disproportionate. While maintaining this principle, the proposal adds an additional sentence to promote repair over replacement, stating that the seller should always repair the goods where the costs for replacement are equal to or greater than the costs for repair. As a result, the consumer may only choose replacement as a remedy when it is cheaper than repair.
Documents
Documents
- Draft final act: 00034/2024/LEX
- Decision by Parliament, 1st reading: T9-0308/2024
- Debate in Parliament: Debate in Parliament
- Approval in committee of the text agreed at 1st reading interinstitutional negotiations: PE759.045
- Coreper letter confirming interinstitutional agreement: GEDA/A/(2024)001007
- Text agreed during interinstitutional negotiations: PE759.045
- Results of vote in Parliament: Results of vote in Parliament
- Decision by Parliament, 1st reading: T9-0400/2023
- Debate in Parliament: Debate in Parliament
- Committee report tabled for plenary, 1st reading: A9-0316/2023
- Committee opinion: PE751.885
- Committee of the Regions: opinion: CDR2019/2023
- Contribution: COM(2023)0155
- Amendments tabled in committee: PE752.886
- Amendments tabled in committee: PE750.250
- Contribution: COM(2023)0155
- Committee draft report: PE749.950
- Economic and Social Committee: opinion, report: CES1158/2023
- Contribution: COM(2023)0155
- Document attached to the procedure: EUR-Lex
- Document attached to the procedure: SEC(2023)0137
- Document attached to the procedure: EUR-Lex
- Document attached to the procedure: SWD(2023)0059
- Document attached to the procedure: EUR-Lex
- Document attached to the procedure: SWD(2023)0060
- Legislative proposal published: COM(2023)0155
- Legislative proposal published: EUR-Lex
- Document attached to the procedure: EUR-Lex SEC(2023)0137
- Document attached to the procedure: EUR-Lex SWD(2023)0059
- Document attached to the procedure: EUR-Lex SWD(2023)0060
- Economic and Social Committee: opinion, report: CES1158/2023
- Committee draft report: PE749.950
- Amendments tabled in committee: PE752.886
- Amendments tabled in committee: PE750.250
- Committee of the Regions: opinion: CDR2019/2023
- Committee opinion: PE751.885
- Coreper letter confirming interinstitutional agreement: GEDA/A/(2024)001007
- Text agreed during interinstitutional negotiations: PE759.045
- Draft final act: 00034/2024/LEX
- Contribution: COM(2023)0155
- Contribution: COM(2023)0155
- Contribution: COM(2023)0155
Activities
- Stanislav POLČÁK
Plenary Speeches (1)
- Ivan ŠTEFANEC
Plenary Speeches (1)
- 2023/11/20 Common rules promoting the repair of goods
- Marc TARABELLA
Plenary Speeches (1)
- 2023/11/20 Common rules promoting the repair of goods
- Clare DALY
Plenary Speeches (1)
- 2023/11/20 Common rules promoting the repair of goods
- Anne-Sophie PELLETIER
Plenary Speeches (1)
- 2023/11/20 Common rules promoting the repair of goods
- Mick WALLACE
Plenary Speeches (1)
- 2023/11/20 Common rules promoting the repair of goods
- Edina TÓTH
Plenary Speeches (1)
- 2023/11/20 Common rules promoting the repair of goods
- Eugen JURZYCA
Plenary Speeches (1)
- 2023/11/20 Common rules promoting the repair of goods
- Beata MAZUREK
Plenary Speeches (1)
- 2023/11/20 Common rules promoting the repair of goods
- Catharina RINZEMA
Plenary Speeches (1)
- 2023/11/20 Common rules promoting the repair of goods
Votes
Common rules promoting the repair of goods – A9-0316/2023 – René Repasi – Amendments by the committee responsible – separate vote – Am 1 #
2023/11/21 Outcome: +: 591, 0: 12, -: 11
PPE
NI
The LeftA9-0316/2023 – René Repasi – Commission proposal #
2023/11/21 Outcome: +: 590, 0: 15, -: 15
A9-0316/2023 – René Repasi – Provisional agreement – Am 86 #
2024/04/23 Outcome: +: 584, 0: 14, -: 3
| Amendments | Dossier |
| 333 |
2023/0083(COD)
2023/09/08
IMCO
333 amendments...
Amendment 100 #
Proposal for a directive 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
Amendment 101 #
Proposal for a directive Recital 13 Amendment 102 #
Proposal for a directive Recital 13 (13) Producers may fulfil their obligation to repair by sub-contracting repair, for instance, if the producer does not have the repair infrastructure or if repair can be carried out by a repairer located closer to the consumer,
Amendment 103 #
Proposal for a directive 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.
Amendment 104 #
Proposal for a directive 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
Amendment 105 #
Proposal for a directive 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, without prejudice to sensitive business information. Those requirements ensure the technical feasibility of repair, not only by the
Amendment 106 #
Proposal for a directive Recital 14 (14) The requirements laid down in delegated acts adopted pursuant to Regulation [on the Ecodesign for
Amendment 107 #
Proposal for a directive 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
Amendment 108 #
Proposal for a directive 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.
Amendment 109 #
Proposal for a directive 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, at a reasonable cost and in a non- discriminatory manner for a period equivalent to at least the expected lifespan of the product, 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. As a consequence, the consumer can select a
Amendment 110 #
Proposal for a directive Recital 15 Amendment 111 #
Proposal for a directive Recital 15 (15) The obligation to repair should also be effective in cases where the producer is established outside the Union. In order to enable consumers to turn to an economic operator established within the Union to perform this obligation, this Directive foresees a sequence of alternative economic operators required to perform the obligation to repair of the producer in such cases.
Amendment 112 #
Proposal for a directive Recital 15 (15) The obligation to repair should also be effective in cases where the producer is established outside the Union. In order to enable consumers to turn to an economic operator established within the Union to perform this obligation, this Directive foresees a sequence of alternative economic operators required to perform the obligation to repair of the producer in such cases.
Amendment 113 #
Proposal for a directive Recital 15 (15) The obligation to repair should also be effective in cases where the producer is established outside the Union. In order to enable consumers to turn to an economic operator established within the Union to perform this obligation, this Directive foresees
Amendment 114 #
Proposal for a directive Recital 15 a (new) (15a) Promoting reparability within the EU necessitates a combination of actions beyond just regulatory measures. This directive should be complemented by efforts to address the existing skills gap, ensuring the availability of reparability services within the European Union, including through unimpeded cross- border provision of repair services. Furthermore, the EU should consider approaches like offering reduced VAT rates, repair incentives, or tax cuts on services and labour to enhance the demand for reparability services.
Amendment 115 #
Proposal for a directive Recital 15 a (new) (15a) To ensure consumer protection and trust in repair, repairers should be liable for any repair they carry out, be it within or beyond the liability period.
Amendment 116 #
Proposal for a directive Recital 16 Amendment 117 #
Proposal for a directive Recital 16 (16)
Amendment 118 #
Proposal for a directive Recital 16 (16)
Amendment 119 #
Proposal for a directive 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
Amendment 120 #
Proposal for a directive Recital 17 (17) To ensure legal certainty, this Directive lists in Annex II relevant product groups covered by such reparability requirements under Union legal acts. In order to ensure coherence with future reparability requirements under Union legal acts, the
Amendment 121 #
Proposal for a directive Recital 17 (17) To ensure legal certainty, this Directive lists in Annex II relevant product groups
Amendment 122 #
Proposal for a directive Recital 17 (17) To ensure legal certainty, this Directive lists in Annex II relevant product groups covered by
Amendment 123 #
Proposal for a directive Recital 18 Amendment 124 #
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, including independent ones. This choice should in particular be facilitated
Amendment 125 #
Proposal for a directive Recital 18 (18)
Amendment 126 #
Proposal for a directive Recital 19 Amendment 127 #
Proposal for a directive Recital 19 (19) In line with Directive (EU) 2019/771, a producer should only be exempted from the obligation to repair where repair is
Amendment 128 #
Proposal for a directive Recital 19 (19) In line with Directive (EU) 2019/771, a producer should be exempted from the obligation to repair where repair is factually or legally impossible, unless it is proved that he himself has made the repair materially impossible. For example, 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
Amendment 129 #
Proposal for a directive Recital 20 (20) In order to increase the consumer awareness on the availability of repair and thus its likelihood, producers or sellers should inform consumers of the existence of that obligation. They should also provide information on the availability and sale price of spare parts in relation to the price of new equipment, including the ordering procedure, information about the disassembly of and access to parts, the length of availability on the market of spare parts and delivery times, and the availability of a user and repair manual. 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 free to determine the means through which it informs the consumer.
Amendment 130 #
Proposal for a directive Recital 20 (20) In order to increase the consumer awareness on the availability of repair and thus its likelihood, producers should inform consumers of the existence of
Amendment 131 #
Proposal for a directive 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
Amendment 132 #
Proposal for a directive Recital 21 Amendment 133 #
Proposal for a directive Recital 21 (21) In order to encourage repair, Member States should ensure that for their territory
Amendment 134 #
Proposal for a directive Recital 21 (21) In order to encourage repair, Member States should ensure that for their territory
Amendment 135 #
Proposal for a directive Recital 22 Amendment 136 #
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.
Amendment 137 #
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, in line with mutual recognition. 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.
Amendment 138 #
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
Amendment 139 #
Proposal for a directive Recital 23 Amendment 140 #
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. To this end, Member States should take steps to inform consumers of the existence of the online platform, for example through communication campaigns. The economic operators concerned should also take measures to inform consumers of the existence of the online platform, for example by displaying a link to the platform on their websites or in shops in general and when purchasing in particular.
Amendment 141 #
Proposal for a directive Recital 24 Amendment 142 #
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, the possibility of replacing the product under repair during the repair period 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.
Amendment 143 #
Proposal for a directive Recital 25 Amendment 144 #
Proposal for a directive Recital 25 Amendment 145 #
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
Amendment 146 #
Proposal for a directive Recital 26 Amendment 147 #
Proposal for a directive 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 (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 149 #
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 such as independent and community repair providers and refurbishers, 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. The standard shall not be limited to repairers that are trained, employed or contracted by the manufacturer or exclude independent repair providers.
Amendment 150 #
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, in particular SME organizations, 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 should take into account the specific needs of SMEs and it 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.
Amendment 151 #
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 and SME 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,
Amendment 152 #
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, including organisations representing SMEs and their standardisation organisations. A European standard for repair services could boost
Amendment 153 #
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.
Amendment 154 #
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.
Amendment 155 #
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.
Amendment 156 #
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
Amendment 157 #
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
Amendment 158 #
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.
Amendment 159 #
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.
Amendment 160 #
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. Where following a repair the good is not in conformity, the principles established by Directive 2019/771 should apply. This should prevent situations where consumers face consecutive repairs for the same defects of the same good. Directive (EU) 2019/771 should therefore be amended accordingly.
Amendment 161 #
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 provide the option to repair the goods. Hence, the consumer is
Amendment 162 #
Proposal for a directive 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 163 #
Proposal for a directive Recital 28 a (new) (28a) Directive (EU) 2019/771 imposes an obligation on sellers to repair goods where there is lack of conformity at the moment of delivery of goods that became apparent within the liability period. In order to promote repair within the liability period, once consumers choose repair as a remedy to bring a good into conformity, they should be able to benefit from an extended liability period of an additional six months starting from the moment when their repaired good is returned to them. Directive (EU) 2019/771 should therefore be amended accordingly.
Amendment 164 #
Proposal for a directive Recital 28 a (new) (28a) In order to promote repair in the context of the liability of the seller as established by Directive (EU) 2019/771, given that many defects occur after the minimum period of 2 years, this legal guarantee period should be extended for categories of products that are expected to have a longer lifespan. In order to meet consumers’ legitimate expectations, a guarantee period of 5 or 10 years should be established for certain categories of products.
Amendment 165 #
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.
Amendment 166 #
Proposal for a directive 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 167 #
Proposal for a directive Recital 28 b (new) (28b) In order to encourage repair and compensate for the absence of the product during the repair period, the economic operator performing, or delegating, a repair service, should offer the consumer a new or refurbished replacement free of charge, where possible.
Amendment 168 #
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 [12
Amendment 169 #
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 [12
Amendment 170 #
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 [
Amendment 171 #
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 [
Amendment 172 #
Proposal for a directive Recital 31 a (new) (31a) This Directive aims to help reduce carbon emissions and save resources by creating rules for businesses and consumers in the after-sale market. The review clause should check, how effectively this Directive delivers proclaimed savings and environmental results. It should compare the results with other policy options, mainly with the introduction of the carbon taxes to price negative externalities of goods. According to 28 Nobel Laureate Economists, a carbon tax that increases over time can replace less efficient regulations. Taxing negative externalities means that products that harm the environment will cost more, giving consumers a price signal to fix goods instead of replacing them because fixing them will be cheaper. This would be more efficient compared to the new repair obligations imposed on the producers, since demand for repairs would be driven by consumers and markets.
Amendment 173 #
Proposal for a directive Recital 33 a (new) (33a) Fostering reparability at EU level requires a smart mix of measures not exclusively rule-based. This Directive should be accompanied by other national initiatives to counter the skills shortage to ensure that reparability services within the European Union can be provided in the future.
Amendment 174 #
Proposal for a directive Recital 33 b (new) (33b) Additional incentives may be considered necessary, therefore Member States should explore measures such as lower VAT rates or reduced taxes on services and labour in order to further incentive customers to opt for a good being repaired instead of replaced. In addition, Member States should pay particular attention to micro, small and medium sized enterprises as their businesses are a vital part of the repair chain.
Amendment 175 #
Proposal for a directive Recital 33 c (new) (33c) Consumer behaviour is shaped by a wide variety of aspects. When choosing between repair and new purchase, decision criteria such as economic efficiency, durability, proximity of a repair service, and the time required play an important role. Besides the provisions laid out in this Directive, awareness- raising measures for a culture of repair, improving consumers’ knowledge about proper cleaning and care of products, and improving consumers’ knowledge about the existing rights in terms of legal guarantee should be strengthened to boost the demand for reparability services.
Amendment 176 #
Proposal for a directive Recital 33 d (new) (33d) This Directive should focus on the business to consumer dimension of the repairs, within the Union legal acts as listed in Annex II.
Amendment 177 #
Proposal for a directive Recital 33 e (new) (33e) Where the producer’s business has been terminated, the seller or distributor must not be made subsidiarily responsible for a repair obligation
Amendment 178 #
Proposal for a directive Article 1 – paragraph 1 1. This Directive lays down common rules
Amendment 179 #
Proposal for a directive Article 1 – paragraph 1 1. This Directive lays down common rules
Amendment 180 #
Proposal for a directive Article 1 – paragraph 2 2. This Directive shall apply to the repair of goods purchased by consumers in the event of a defect of the goods that occurs
Amendment 181 #
Proposal for a directive Article 2 – paragraph 1 – point 2 2. ‘repairer’ means any natural or legal person who, related to that person’s trade, business, craft or profession, provides a repair service, including producers and sellers that provide repair services and repair service providers whether independent or affiliated with such producers or sellers, and community repair initiatives such as repair cafés;
Amendment 182 #
Proposal for a directive Article 2 – paragraph 1 – point 2 2. ‘repairer’ means any natural or legal person who, related to that person’s trade, business, craft or profession, provides a repair service, including producers and sellers that provide repair services and repair service providers whether independent repairers, professional repairers or affiliated with such producers or sellers;
Amendment 183 #
Proposal for a directive Article 2 – paragraph 1 – point 2 2. ‘repairer’ means any natural or legal person who, related to that person’s trade, business, craft or profession, provides a repair service, including producers and sellers that provide repair services and repair service providers whether independent or affiliated with such producers or sellers
Amendment 184 #
Proposal for a directive Article 2 – paragraph 1 – point 4 4. ‘producer’ means a
Amendment 185 #
Proposal for a directive Article 2 – paragraph 1 – point 10 Amendment 186 #
Proposal for a directive Article 2 – paragraph 1 – point 10 10. ‘reparability requirements’ mean requirements
Amendment 187 #
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.
Amendment 188 #
Proposal for a directive Article 2 – paragraph 1 – point 10 a (new) 10a. ‘professional repairer’ means a natural or legal person who provides repair or maintenance services for a product, irrespective of whether that person acts within the manufacturer’s distribution system or independently;
Amendment 189 #
Proposal for a directive Article 2 – paragraph 1 – point 10 b (new) 10b. ‘repair’ means restoring a product’s performance, functionality and safety within the intended use, range of performance and maintenance originally conceived at the design stage.
Amendment 190 #
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, unless such provisions are more ambitious than the minimum level of harmonisation provided for in this Directive.
Amendment 191 #
Proposal for a directive Article 3 – paragraph 1 Member States shall not
Amendment 192 #
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.
Amendment 193 #
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, unless provided otherwise in this Directive.
Amendment 194 #
Proposal for a directive 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 195 #
Proposal for a directive Article 3 a (new) Article 3a 1. Consumers shall be able to seek quality and affordable repair from the provider of their choice using either original, compatible or reused second- hand parts that comply with EU standards, safety and environmental regulations. 2. Manufacturers or distributors shall not mislead consumers into thinking exercising their right to repair may generate technical or safety related risks.
Amendment 198 #
Proposal for a directive Article 4 – paragraph 1 1. Member States shall ensure that, before a consumer is bound by a contract for the provision of repair services, unless it is unfeasible to estimate the repair cost without on-site assessment of the good, the repairer shall provide the consumer, upon request, with mandatory information, for example by mean of the European Repair Information Form set out in Annex I on a durable medium within the meaning of Article 2 (11) of Directive 2019/771/EU. The mandatory information shall be provided to consumer in a clear and unambiguous language or form.
Amendment 199 #
Proposal for a directive Article 4 – paragraph 1 1. Member States
Amendment 200 #
Proposal for a directive Article 4 – paragraph 2 a (new) 2a. Producers shall provide to the repairers all available information necessary to complete the European Repair Information Form.
Amendment 201 #
Proposal for a directive Article 4 – paragraph 2 a (new) 2a. Producers shall provide repairers with all relevant information to enable them to fill the European Repair Information Form.
Amendment 202 #
Proposal for a directive Article 4 – paragraph 3 – subparagraph 1 The repairer may request the consumer to pay the necessary costs the repairer incurs for providing the information included in the European Repair Information Form. These costs are strictly limited to the actions required to correctly estimate the repair information and must in no way constitute an obstacle to the rest of the repair process nor have a dissuasive effect on the repair in general.
Amendment 203 #
Proposal for a directive Article 4 – paragraph 3 – subparagraph 1 The repairer may request the consumer to pay the necessary costs the repairer incurs for providing the information included in the European Repair Information Form. Where a physical examination of the product is required for estimating the price of repair, the repairer may request the consumer to pay the necessary costs involved for such physical examination.
Amendment 204 #
Proposal for a directive Article 4 – paragraph 3 – subparagraph 1 Amendment 205 #
Proposal for a directive Article 4 – paragraph 3 – subparagraph 1 The repairer may request the consumer to pay the necessary costs the repairer incurs for providing the information included in the European Repair Information Form. However, this amount should not surpass ten percent of the real or estimated repair costs.
Amendment 206 #
Proposal for a directive Article 4 – paragraph 3 – subparagraph 2 Without prejudice to Directive 2011/83/EU, the repairer shall inform the consumer about the costs referred to in the first subparagraph before the consumer requests the provision of the
Amendment 207 #
Proposal for a directive Article 4 – paragraph 3 – subparagraph 2 Without prejudice to Directive 2011/83/EU, the repairer shall inform the consumer about the costs referred to in the first subparagraph before the consumer requests the provision of the European Repair Information Form. These costs shall be deducted from the final price of the repair, where applicable.
Amendment 208 #
Proposal for a directive Article 4 – paragraph 3 a (new) 3a. Producers shall provide in a clear manner all available information necessary for the repairer to complete the European Repair Information Form.
Amendment 209 #
Proposal for a directive Article 4 – paragraph 4 – introductory part 4. The European Repair Information Form shall, where relevant and possible, specify the following conditions of repair in a clear and comprehensible manner:
Amendment 210 #
Proposal for a directive Article 4 – paragraph 4 – introductory part 4. The European Repair Information Form
Amendment 211 #
Proposal for a directive Article 4 – paragraph 4 – point a (a) the identity of the repairer (name of the company, legal establishment, business registration, registration number);
Amendment 212 #
Proposal for a directive Article 4 – paragraph 4 – point d a (new) (da) if possible, an estimation of the remaining lifespan of the product after the repair;
Amendment 213 #
Proposal for a directive Article 4 – paragraph 4 – point e (e) the
Amendment 214 #
Proposal for a directive Article 4 – paragraph 4 – point e (e) the price or, if the price cannot reasonably be calculated in advance, the manner in which the price is to be calculated and the maximum price range expected for the repair;
Amendment 215 #
Proposal for a directive Article 4 – paragraph 4 – point e (e) the price or, if the price cannot reasonably be calculated in advance, the manner in which the price is to be calculated and the maximum price expected for the repair;
Amendment 216 #
Proposal for a directive Article 4 – paragraph 4 – point f (f) the estimated time needed to complete the repair (the seller shall notify the consumer if the time to complete the repair is longer than anticipated);
Amendment 217 #
Proposal for a directive 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 (g) the availability of free-of-charge temporary replacement goods during the time of repair
Amendment 219 #
Proposal for a directive Article 4 – paragraph 4 – point h (h) the place where the consumer hands over the goods for repair and the opening hours,
Amendment 220 #
Proposal for a directive Article 4 – paragraph 4 – point i (i) where applicable, the availability of ancillary services, such as removal, installation and transportation, offered by the repairer and the costs of those services, if any, for the consumer. Without prejudice to other obligations stipulated in Article 13 of Directive (EU) 2019/771, the provider of repair service shall, as a minimum requirement, be obliged to assess liability for any lack of conformity for the repaired part or parts, aspects or feature of the good, which exists at the time the consumer received the repaired goods and which becomes apparent within six month after that time;
Amendment 221 #
Proposal for a directive Article 4 – paragraph 4 – point i a (new) (ia) information on payment transactions (advance or normal payment, full payment or payment in instalment);
Amendment 222 #
Proposal for a directive Article 4 – paragraph 4 – point i a (new) (ia) the travel and repair assessment costs for at-home repairs, where applicable;
Amendment 223 #
Proposal for a directive Article 4 – paragraph 4 – point i a (new) (ia) additional information provided voluntarily by the repairer.
Amendment 224 #
Proposal for a directive Article 4 – paragraph 5 5. The repairer shall not alter the conditions of repair specified in the European Repair Information Form or by other mean 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 or there is a need to correct a manifest mistake. Repairers other than the producers, authorised representatives, importers or distributors who have an obligation to repair by virtue of Article 5 or where applicable their subcontractors, may refuse the repair, based on duly justified reasons presented to the consumer, which prevent the performance of the repair. 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 225 #
Proposal for a directive 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 or in the event of obvious mistakes, such as typos. 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 226 #
Proposal for a directive 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
Amendment 227 #
Proposal for a directive 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 minimum 30 calendar days as from the date on which that form was provided to the consumer
Amendment 228 #
Proposal for a directive 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
Amendment 229 #
Proposal for a directive Article 4 – paragraph 6 a (new) 6a. Member States shall ensure that producers inform consumers of their obligation pursuant to this Article and provide information on the repair services in an easily accessible, clear and comprehensible manner, for example through the European Repair Information Form mentioned in this Article.
Amendment 230 #
Proposal for a directive Article 5 Amendment 231 #
Proposal for a directive Article 5 – title Amendment 232 #
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. The producer may sub-contract repair in order to fulfil its obligation to repair. In such case, the producer shall contribute to the necessary measures for repair, by providing information, specifications and elements so that the repairer, at the request of the consumer, can actually perform the repair service. Where repair cannot be reasonably expected, the producer has the right to replace the good with a refurbished good.
Amendment 233 #
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
Amendment 234 #
Proposal for a directive Article 5 – paragraph 1 1. Member States
Amendment 235 #
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. The producer may sub-contract repair in order to fulfil its obligation to repair.
Amendment 236 #
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 reasonable 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. The producer may sub- contract repair in order to fulfil its obligation to repair. For the duration of the repair, the producer may provide the consumer with a replacement or a refurbished good.
Amendment 237 #
Proposal for a directive Article 5 – paragraph 1 1. Member States shall ensure that
Amendment 238 #
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
Amendment 239 #
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,
Amendment 240 #
Proposal for a directive Article 5 – paragraph 1 1. Member States shall ensure that upon the consumer’s request, the producer shall repair
Amendment 241 #
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
Amendment 242 #
Proposal for a directive Article 5 – paragraph 1 – subparagraph 1 (new) If the product under repair cannot be repaired, the repairer may offer the consumer credit equivalent to the repair cost.
Amendment 243 #
Proposal for a directive 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 244 #
Proposal for a directive Article 5 – paragraph 1 a (new) 1a. When a producer is established outside the Union, it shall appoint, by written mandate, an authorised representative established in the Union to ensure compliance with this Directive. It shall ensure that its authorised representative has the resources and the mandate to fulfil its obligations set out in this Directive and comply with requests and administrative decisions of market surveillance authorities;
Amendment 245 #
Proposal for a directive Article 5 – paragraph 1 a (new) 1a. Producers shall be able to provide refurbished goods as an alternative to repair.
Amendment 246 #
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 producer, the importer or the distributor are not established in the Union, and where there is no authorised representative, the obligations of the producer shall be performed by a provider of an online platform that allows consumers to conclude distance contracts with traders, provided that the conditions of Article 6(3 set out in regulation (EU) 2022/2065 are fulfilled.
Amendment 247 #
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
Amendment 248 #
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 distributor or importer are aware that repair is impossible, for instance, when the producer ceased its operations, the importer shall provide this information to the distributor, and distributor to the consumer before purchase of the product in a clear and unambiguous manner.
Amendment 249 #
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.
Amendment 250 #
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.
Amendment 251 #
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.
Amendment 252 #
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.
Amendment 253 #
Proposal for a directive Article 5 – paragraph 3 3. Producers shall not implement any contractual, hardware or software technique preventing or limiting independent repair outside of their authorized networks. Producers shall enable the use of both original, compatible or reused second-hand parts that comply with EU standards, safety and environmental regulations for repair. Producers shall ensure that independent repairers have access to original spare parts and repair-related information, a
Amendment 254 #
Proposal for a directive Article 5 – paragraph 3 3. Producers shall
Amendment 255 #
Proposal for a directive Article 5 – paragraph 3 3. Producers shall
Amendment 256 #
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.
Amendment 257 #
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. Producers shall ensure, that the software of their products does not restrict or impose barriers in the application of the product in the case of repair by independent repairers.
Amendment 258 #
Proposal for a directive Article 5 – paragraph 3 3. Producers shall ensure that independent repairers have access to spare parts
Amendment 259 #
Proposal for a directive Article 5 – paragraph 3 3. Producers shall ensure that independent repairers have access
Amendment 260 #
Proposal for a directive Article 5 – paragraph 3 3. Producers shall ensure that independent repairers and consumers have access to spare parts for a reasonable and non-disproportionate price and repair- related information and tools in accordance with the Union legal acts listed in Annex II.
Amendment 261 #
Proposal for a directive Article 5 – paragraph 3 3. Producers shall ensure that independent repairers and operators have access to spare parts with a reasonable and non-discriminatory price, and repair- related information and tools in accordance with the Union legal acts listed in Annex II.
Amendment 262 #
Proposal for a directive Article 5 – paragraph 3 3. Producers shall ensure that independent repairers, remanufacturers, refurbishers and consumers have access to spare parts and repair-related information and tools in accordance with the Union legal acts listed in Annex II.
Amendment 263 #
Proposal for a directive Article 5 – paragraph 3 3.
Amendment 264 #
Proposal for a directive Article 5 – paragraph 3 a (new) 3a. Access to repair-devices and repair documentation shall be ensured by producers over a period of time depending upon the average life expectancy of the product and has to be ensured over this period of time also after production has been stopped. Producers shall make available on their websites all repair documentation.
Amendment 265 #
Proposal for a directive 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 266 #
Proposal for a directive Article 5 – paragraph 3 a (new) 3a. Consumers shall be able to seek quality and affordable repair from a repairer of their choice using either original, compatible or second-hand parts that comply with relevant EU standards and regulations.
Amendment 267 #
Proposal for a directive Article 5 – paragraph 3 a (new) 3a. Where possible, the operator carrying out the repair shall offer the consumer a replacement product free of charge for the duration of the repair.
Amendment 268 #
Proposal for a directive Article 5 – paragraph 3 a (new) 3a. Producers shall not impede the use of compatible parts manufactured by third party providers that comply with EU standards and safety regulations.
Amendment 269 #
Proposal for a directive Article 5 – paragraph 3 b (new) 3b. Upon request, producers shall inform the third party manufacturer of the spare parts regarding non- discriminatory, minimum qualitative requirements regarding the spare parts concerning safety or cybersecurity functions of the device. Subject to derogation to paragraph 3a of this Article, such a requirement may be established by the producer in order to maintain the integrity and high quality of the device.
Amendment 270 #
Proposal for a directive 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 271 #
Proposal for a directive Article 5 – paragraph 3 c (new) 3c. Subject to limitation set out in paragraph 3b, producers shall not implement any contractual, hardware or software technique preventing use of spare parts manufactured by a third party. Producers shall not implement any contractual, hardware or software technique preventing or limiting independent repair outside of their authorised networks nor refuse to repair the good on the basis that it was previously repaired outside its authorised service or distribution network.
Amendment 272 #
Proposal for a directive 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 273 #
Proposal for a directive Article 5 – paragraph 4 Amendment 274 #
Proposal for a directive 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 in the light of legislative developments. The Commission may, in this regard, allow producers to opt out or restrict their responsibility to repair, provided that consumers are clearly informed of this choice and no existing EU regulation might establish reparability standards for those products under Union law.
Amendment 275 #
Proposal for a directive Article 5 – paragraph 4 4. The Commission is empowered to adopt delegated acts, following an impact assessment and consultation with relevant stakeholders, 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.
Amendment 276 #
Proposal for a directive Article 5 – paragraph 4 4. The Commission is empowered to adopt delegated acts in accordance with Article 15 to amend Annex II
Amendment 277 #
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
Amendment 278 #
Proposal for a directive 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
Amendment 279 #
Proposal for a directive Article 5 – paragraph 4 a (new) 4a. The Commission shall ensure that guidelines are created within one year from the adoption of this Directive, defining specific criteria for assessing compliance with reasonable and non- discriminatory pricing.
Amendment 280 #
Proposal for a directive Article 5 – paragraph 4 a (new) 4a. Producers shall not refuse to service or repair a device that was bought or previously repaired outside of their authorised service or distribution networks.
Amendment 281 #
Proposal for a directive 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
Amendment 282 #
Proposal for a directive Article 6 – paragraph 1 Member States shall ensure that producers
Amendment 283 #
Proposal for a directive Article 6 – paragraph 1 Member States shall ensure that producers 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 free of charge, for example through the online platform referred to in Article 7.
Amendment 284 #
Proposal for a directive Article 6 – paragraph 1 a (new) Amendment 285 #
Proposal for a directive Article 7 Amendment 286 #
Proposal for a directive Article 7 Amendment 287 #
Proposal for a directive Article 7 – paragraph 1 – introductory part 1. Member States shall
Amendment 288 #
Proposal for a directive Article 7 – paragraph 1 – introductory part 1. Member States shall ensure that
Amendment 289 #
Proposal for a directive Article 7 – paragraph 1 – introductory part 1. Member States shall ensure that
Amendment 290 #
Proposal for a directive Article 7 – paragraph 1 – introductory part 1. Member States shall ensure that
Amendment 291 #
Proposal for a directive Article 7 – paragraph 1 – introductory part 1. Member States
Amendment 292 #
Proposal for a directive Article 7 – paragraph 1 – point a (a) include search functions regarding goods, location of repair services and possibility to provide cross border 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
Amendment 293 #
Proposal for a directive Article 7 – paragraph 1 – point c a (new) (ca) inform consumers about applicable financial and fiscal incentives to lower costs of repair;
Amendment 294 #
Proposal for a directive Article 7 – paragraph 1 – point d a (new) (da) allow for consumers to provide a review or rating, reflect the quality of repairers’ work;
Amendment 295 #
Proposal for a directive Article 7 – paragraph 1 – point f (f) ensure accessibility for persons with disabilities and vulnerable consumers
Amendment 296 #
Proposal for a directive Article 7 – paragraph 1 – point f a (new) (fa) allow for a search function by product category to find sellers of goods subject to refurbishment and purchasers of defective goods for refurbishment;
Amendment 297 #
Proposal for a directive Article 7 – paragraph 2 Amendment 298 #
Proposal for a directive Article 7 – paragraph 2 2. Member States
Amendment 299 #
Proposal for a directive Article 7 – paragraph 3 3. Registration on the online platform for repairers, as well as for community repair initiatives such as repair cafés, 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. Member States shall provide a national internet portal through which consumers can access free of charge the online platform as established in accordance with paragraph 1.
Amendment 300 #
Proposal for a directive Article 7 – paragraph 3 3. Registration on the online 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 and independent repairers which are microenterprises, small or medium sized enterprises within the meaning of Commission Recommendation 2003/361/EC45.
Amendment 301 #
Proposal for a directive Article 7 – paragraph 3 3. Registration on the online 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 and independent repairers which are micro or small enterprises pursuant to Commission Recommendation 2003/361/EC.
Amendment 302 #
Proposal for a directive Article 7 – paragraph 3 3. Registration on the online 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 and for independent repairers legally framed as SMEs in accordance to Recommendation 2003/361/EC.
Amendment 303 #
Proposal for a directive Article 7 – paragraph 3 3. Registration on the online platform for repairers, suppliers of spare parts 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 direct charges for consumers.
Amendment 304 #
Proposal for a directive Article 7 – paragraph 3 3. Registration on the online 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
Amendment 305 #
Proposal for a directive Article 7 – paragraph 3 3. Registration on the online 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
Amendment 306 #
Proposal for a directive Article 7 – paragraph 3 a (new) 3a. Member States shall take appropriate measures to ensure that consumers are informed in a clearly visible way by the seller at the point of sale about the existence and services offered by the online platform and the possibilities for repair.
Amendment 307 #
Proposal for a directive 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) 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 309 #
Proposal for a directive Article 7 a (new) Article 7a Measures to inform about consumers rights Member States shall take measures to ensure that consumers are informed about their consumer rights with regard to this Directive and may take measures that enable consumers to find relevant repairers, which can be done through, for example, the creation of an online platform, a dedicated information campaign, or any other means that the Member State deems appropriate. The creation of an online platform shall not impede the functioning of existing private repair platforms.
Amendment 310 #
Proposal for a directive Article 7 a (new) Article 7a Principle of the free provision of repair services 1. Member States shall avoid introducing disproportionate qualification requirements for professional repair services in line with Directive (EU) 2018/958; 2. Member States shall not reject the provision of repair services by the provider established in another Member State nor impede its operations by conducting checks, inspections or investigations which are discriminatory or disproportionate.
Amendment 311 #
Proposal for a directive Article 7 a (new) Article 7a Financial incentives Member States shall ensure that appropriate measures promoting repair in a form of financial incentives for repair exist for their territory. Such measures may among others include repair vouchers, repair funds or other financial incentives.
Amendment 312 #
Proposal for a directive Article 8 – paragraph 2 – point b Amendment 313 #
Proposal for a directive Article 8 – paragraph 2 – point b (b) organisations
Amendment 314 #
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.
Amendment 315 #
Proposal for a directive Article 8 a (new) Article 8a Micro and small and medium enterprises Member States shall take the appropriate measures to support micro and small and medium-sized enterprises within the meaning of Recommendation 2003/361/EC in applying the requirements laid down by this Directive. Such measures shall include at least: (a) guidelines to comply with requirements laid down in this Directive; (b) tailor-made training courses for entrepreneurs and their staff.
Amendment 316 #
Proposal for a directive Article 8 a (new) Article 8a Micro, small and medium sized enterprises Member States shall take appropriate measures to help small and medium sized enterprises within the meaning of the Commission recommendation 2003/361/EC apply the requirements set out in this Directive. Those measures shall at least include: guidelines on how to demonstrate compliance with the requirements set out in this Directive.
Amendment 317 #
Proposal for a directive Article 8 b (new) Article 8b Micro, small and medium sized enterprises Member States shall ensure that appropriate measures are taken to help micro, small and medium sized enterprises within the meaning of Commission Recommendation 2003/362/EC to apply the requirement set out in this Directive.
Amendment 318 #
Proposal for a directive 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 319 #
Proposal for a directive Article 9 a (new) Article 9a Member States measures promoting repair 1. Member States shall put in place appropriate measures to promote repair, to raise awareness among producers and consumers, and to make repair more attractive. 2. The measures referred to in paragraph 1 may, for example, take the form of repair vouchers, national repair funds, fiscal incentives, awareness campaigns or other measures and incentives. 3. 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. Member States shall report to the Commission on the applicable measures by...[ 12 months year after the date of transposition of this Directive].
Amendment 320 #
Proposal for a directive Article 9 a (new) Article 9a National measures to promote repair In compliance with State aid rules, Member States shall take the appropriate measures, including those of fiscal nature, to promote the competitiveness of repair services.
Amendment 321 #
Proposal for a directive Article 9 b (new) Article 9b Measures for Small and Medium-sized enterprises (SMEs) 1. Member States shall take appropriate measures to support small and medium-sized enterprises within the meaning of Commission Recommendation 2003/361/EC in complying with the requirements and obligations set out in this Directive. Those measures shall at least include: (a) guidelines or similar measures to raise awareness on ways to comply with said requirements and obligations; (b) tailored trainings for entrepreneurs and their employees.
Amendment 322 #
Proposal for a directive Article 10 – paragraph 2 a (new) 2a. Member States shall ensure that commercial warranties sold in addition to the obligations under Directive (EU) 2019/771, shall always include a right to repair or replacement the product covered during its duration. When promoting the commercial warranties, Member States shall ensure that a summary of the conditions of the commercial warranty is provided in a clear and precise manner, so that consumers are fully aware of their rights and are not mislead.
Amendment 323 #
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.
Amendment 324 #
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.
Amendment 325 #
Proposal for a directive 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 operator to mitigate or remedy the damage suffered by consumers; (c) any previous infringements by the operator; (d) the financial benefits gained or losses avoided by the operator due to the infringement, if the relevant data are available; (e) penalties imposed on the operator 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 326 #
Proposal for a directive 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) 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) 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 329 #
Proposal for a directive Article 11 – paragraph 2 2. Member States shall, by 12
Amendment 330 #
Proposal for a directive Article 11 – paragraph 2 2. Member States shall, by 12
Amendment 331 #
Proposal for a directive Article 12 Directive (EU) 2019/771 Article 13(2) A
Amendment 332 #
Proposal for a directive Article 12 A
Amendment 333 #
Proposal for a directive 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) -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) -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) -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) -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 338 #
Proposal for a directive Article 12 – paragraph 1 In Article 13(2) of Directive (EU) 2019/771 the following s
Amendment 339 #
Proposal for a directive Article 12 – paragraph 1 a (new) In Article 14(1) of Directive (EU) 2019/771 the following point is added: (aa) by a local service provider of the consumer’s choice, provided that they are registered in the Online platform for repair in accordance with Article 7. The seller shall offer the service provider fair and non-discriminatory compensation for the performed repair.
Amendment 340 #
Proposal for a directive Article 12 – paragraph 1 b (new) In Article 14 of Directive (EU) 2019/771, paragraph 3 is replaced by the following: Where a repair requires the removal of goods that had been installed in a manner consistent with their nature and purpose before the lack of conformity became apparent, or where such goods are to be replaced, the obligation to repair or replace the goods shall include the removal of the non-conforming goods, and the installation of replacement goods or repaired goods. The seller shall bear the costs of that removal and installation.
Amendment 341 #
Proposal for a directive Article 12 – paragraph 1 – introductory part In Article 13
Amendment 342 #
Proposal for a directive Article 12 – paragraph 1 – introductory part Amendment 343 #
Proposal for a directive Article 12 – paragraph 1 Directive (EU) 2019/771 Article 13 – paragraph 2 Amendment 344 #
Proposal for a directive Article 12 – paragraph 1 Directive (EU) 2019/771 Article 13 – paragraph 2 Amendment 345 #
Proposal for a directive Article 12 – paragraph 1 Amendment 346 #
Proposal for a directive Article 12 – paragraph 1 Directive (EU) 2019/771 Article 13 – paragraph 2 ‘In derogation from the first sentence of this paragraph,
Amendment 347 #
Proposal for a directive Article 12 – paragraph 1 Directive (EU) 2019/771 Article 12 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, except when the repair is practically and legally unfeasible or would result in significant inconvenience for the consumer. Significant inconvenience is assumed, especially when: (a) The consumer has a valid interest for non-interrupted use of the product, and a temporary replacement cannot be provided or would not adequate. (b) The product has already undergone repair measures to meet the conformity standards. (c) A substantial decrease in value would still exist after repair.
Amendment 348 #
Proposal for a directive Article 12 – paragraph 1 Directive (EU) 2019/771 Article 13 (2) Amendment 349 #
Proposal for a directive Article 12 – paragraph 1 Directive (EU) 2019/771 Article 13(2) Amendment 350 #
Proposal for a directive Article 12 – paragraph 1 Directive (EU) 2019/771 Article 13(2) 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, within a time limit, repair the goods in order to bring those goods in conformity.
Amendment 351 #
Proposal for a directive Article 12 – paragraph 1 Directive (EU) 2019/771 Article 10 – paragraph 3 Article 10 paragraph 3 of the Directive (EU) 2019/771 is deleted.
Amendment 352 #
Proposal for a directive 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 353 #
Proposal for a directive Article 12 – paragraph 1 a (new) In Article 13 the following paragraph is inserted: "4a. Where, in accordance with paragraph 2 of this Article, the consumer chooses repair as remedy to bring the goods in conformity, the seller shall be liable for any lack of conformity existing at the time the consumer received the repaired goods and which becomes apparent within six months after that time. 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 354 #
Proposal for a directive Article 12 – paragraph 1 a (new) In Article 10(1) of Directive (EU) 2019/771 the following sentence is amended as follows: ‘The seller shall be liable to the consumer for any lack of conformity which exists at the time when the goods were delivered and which becomes apparent within 2 to 10 years of that time. Without prejudice to Article 7(3), this paragraph shall also apply to goods with digital elements.’
Amendment 355 #
Proposal for a directive 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) 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) 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 358 #
Proposal for a directive Article 14 – paragraph 1 a (new) Replacement can be carried out by providing a refurbished product.
Amendment 359 #
Proposal for a directive Article 14 a (new) Article 14a Financial Incentives 1. Member States shall develop fiscal and financial incentives to make the repair and refurbishment of products more attractive to consumers, thereby encouraging a shift towards a circular economy and a more sustainable consumption. 2. Member States may establish nationwide schemes that enable consumers to claim back a portion of the cost incurred for repairs. These schemes may also subsidise a portion of the price for purchases of refurbished products, incentivizing consumers to choose repair and refurbished options. 3. Member States shall ensure that any fiscal or financial incentives introduced under this Article are designed in a manner that complies with the relevant provisions of the Treaty on the Functioning of the European Union, including those related to state aid and fair competition. 4. The European Commission shall monitor and assess the implementation and impact of the fiscal and financial incentives introduced by Member States under this Article. It shall provide guidance and support to Member States to facilitate the effective implementation of such incentives, while ensuring compliance with EU law. 5. Member States shall regularly report to the European Commission on the measures taken and the outcomes achieved in promoting repair and refurbishment, including the effectiveness of the fiscal and financial incentives described in this Article. 6. The European Commission shall, as necessary, review the effectiveness and adequacy of the measures implemented by Member States under this Article, and propose further actions or adjustments to ensure the promotion of reuse and repair of products within the European Union.
Amendment 360 #
Proposal for a directive Article 14 a (new) Amendment 361 #
Proposal for a directive Article 15 Amendment 362 #
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 [
Amendment 363 #
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 [
Amendment 364 #
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 [12
Amendment 365 #
Proposal for a directive Article 16 – paragraph 2 2. Article 12 of this Directive shall not apply to sales contracts concluded before [
Amendment 366 #
Proposal for a directive Article 16 – paragraph 2 2. Article 12 of this Directive shall not apply to sales contracts concluded before [
Amendment 367 #
Proposal for a directive Article 16 a (new) Article 16a Evaluation By [5 years after the entry into force of this Directive], the Commission shall carry out an evaluation of this Directive and in particular assess its impact, on the proper functioning of the internal market, the level of consumer protection, its impact on businesses, particularly on micro, small and medium enterprises and the improvement of the sustainable consumption of products. The Commission shall draw up a report on its main findings and submit it to the European Parliament, the Council, the European Economic and Social Committee, and the Committee of the Regions.
Amendment 368 #
Proposal for a directive 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 [12
Amendment 369 #
Proposal for a directive 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 [12
Amendment 370 #
Proposal for a directive 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 [
Amendment 371 #
Proposal for a directive Article 17 – paragraph 1 – subparagraph 3 Member States shall apply those measures from [12
Amendment 372 #
Proposal for a directive Article 17 – paragraph 1 – subparagraph 3 Member States shall apply those measures from [12
Amendment 373 #
Proposal for a directive Article 17 – paragraph 1 – subparagraph 3 Member States shall apply those measures from [
Amendment 374 #
Proposal for a directive Article 17 a (new) Article 17a Evaluation 1. By [OP: Please insert the date = 5 years after the date of application of this Directive], the Commission shall carry out an evaluation of this Directive and of its contribution to the functioning of the internal market and the improvement of the environmental sustainability of goods consumption including emission reduction. The Commission shall present a report on the main findings of that evaluation to the European Parliament, the Council, the European Economic and Social Committee, and the Committee of the Regions. Member States shall provide the Commission with the information necessary for the preparation of that report. 2. The report shall include at least the comparison of the Directive effectiveness in delivering environmental results with other available approaches, including a higher carbon tax to price negative externalities of goods; 3. The report shall include quantified net environmental benefit in CO2eq and quantified cost-benefit analysis;
Amendment 375 #
Proposal for a directive Article 17 b (new) Article 17b Report on environmental costs By 31 December 2026, the Commission shall publish a report on the environmental costs as the share of the total product costs for the relevant product groups in accordance with the Union legal acts listed in Annex II. The environmental costs shall include direct, indirect and compliance costs related to the requirements and regulations related to the sustainable and environmental policies, including Green Deal.
Amendment 376 #
Proposal for a directive Article 18 – paragraph 1 a (new) This Regulation shall expire on [OP: Please insert the date = 7 years] after the date of application of this Regulation.
Amendment 377 #
Proposal for a directive Annex I Amendment 378 #
Proposal for a directive Annex II – subheading 1 LIST OF UNION LEGAL ACTS SUBJECT TO THE OBLIGATION OF REPAIR
Amendment 379 #
Proposal for a directive Annex II – subheading 1 LIST OF
Amendment 380 #
Proposal for a directive Annex II – subheading 2 Amendment 381 #
Proposal for a directive Annex II – subheading 2 Amendment 382 #
Proposal for a directive Annex II – point 1 1. Household washing machines and
Amendment 383 #
Proposal for a directive Annex II – point 1 1.
Amendment 384 #
Proposal for a directive Annex II – point 2 2. Household dishwashers
Amendment 385 #
Proposal for a directive Annex II – point 2 2.
Amendment 386 #
Proposal for a directive Annex II – point 3 Amendment 387 #
Proposal for a directive Annex II – point 3 3. Refrigerating appliances with a direct sales function
Amendment 388 #
Proposal for a directive Annex II – point 4 Amendment 389 #
Proposal for a directive Annex II – point 4 4. Refrigerating appliances
Amendment 390 #
Proposal for a directive Annex II – point 5 Amendment 391 #
Proposal for a directive Annex II – point 5 5. Electronic displays
Amendment 392 #
Proposal for a directive Annex II – point 6 Amendment 393 #
Proposal for a directive Annex II – point 6 6. Welding equipment
Amendment 394 #
Proposal for a directive Annex II – point 7 Amendment 395 #
Proposal for a directive Annex II – point 7 7. Vacuum cleaners
Amendment 396 #
Proposal for a directive Annex II – point 7 a (new) 7a. Household appliances and kitchen appliances
Amendment 397 #
Proposal for a directive Annex II – point 8 Amendment 398 #
Proposal for a directive Annex II – point 8 8. Servers and data storage products
Amendment 399 #
Proposal for a directive Annex II – point 9 Amendment 400 #
Proposal for a directive Annex II – point 9 9.
Amendment 401 #
Proposal for a directive Annex II – point 9 a (new) 9a. Televisions, video projectors, television receivers and peripherals, hi-fi equipment, home cinemas
Amendment 402 #
Proposal for a directive Annex II – point 9 c (new) 9c. Audio headphones, portable speakers, radios, digital music players
Amendment 403 #
Proposal for a directive Annex II – point 9 e (new) 9e. Cameras, camcorders, camera equipment
Amendment 71 #
Proposal for a directive Recital 2 a (new) (2a) For this reason, this Directive seeks the highest possible level of harmonization. Only full harmonization will ensure that consumers in the EU will have the same rights everywhere concerning warranties and their rights to repair. Harmonized rules will ensure effective consumer protection through clearer information and enforcement at a European level, regardless of the place of residence.
Amendment 72 #
Proposal for a directive Recital 3 Amendment 73 #
Proposal for a directive 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
Amendment 74 #
Proposal for a directive 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 75 #
Proposal for a directive 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
Amendment 76 #
Proposal for a directive Recital 3 a (new) (3a) In order to encourage consumers to buy products that are easier to repair, Member States should be encouraged to introduce a reparability score covering a wide range of products. This reparability score should be established according to several criteria, namely the availability and sale price of spare parts in relation to the price of new equipment, including the ordering procedure, information about the disassembly of and access to parts, the length of availability on the market of spare parts and delivery times, and the availability of a user and repair manual. The score should be affixed directly to the product or its packaging. In shops it should be displayed on or in the immediate vicinity of the product, and on websites in the presentation of the equipment and close to the price.
Amendment 77 #
Proposal for a directive 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-
Amendment 78 #
Proposal for a directive Recital 4 a (new) (4a) Consumer behaviour consists of a wide variety of aspects. When choosing between repair and purchase of a new product, decision criteria, such as economic convenience, durability, availability and proximity of a repair service, and the time required for a repair play a key role. In addition to the provisions laid down in this Directive, awareness-raising measures to promote a culture of repair, the improvement of consumers' knowledge on proper maintenance and care of products and knowledge of their existing rights including in terms of legal guarantee, as well as financial incentives for consumers, producers and repairers should be equivalently promoted and fostered.
Amendment 79 #
Proposal for a directive Recital 6 (6) Reparability requirements should comprise all requirements
Amendment 80 #
Proposal for a directive 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 81 #
Proposal for a directive Recital 7 Amendment 82 #
Proposal for a directive Recital 8 Amendment 83 #
Proposal for a directive Recital 8 Amendment 84 #
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.
Amendment 85 #
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
Amendment 86 #
Proposal for a directive Recital 9 Amendment 87 #
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. These costs are strictly limited to the actions required to correctly estimate the repair information and must in no way constitute an obstacle to the rest of the repair process nor have a dissuasive effect on the repair in general. In line with the pre-
Amendment 88 #
Proposal for a directive Recital 9 (9)
Amendment 89 #
Proposal for a directive Recital 9 (9) There are situations in which a repairer incurs costs necessary for
Amendment 90 #
Proposal for a directive Recital 10 Amendment 91 #
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
Amendment 92 #
Proposal for a directive 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.
Amendment 93 #
Proposal for a directive 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 apply. 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. However, that obligation cannot persist for an unlimited amount of time, since that may limit the economic choice of a producer to no longer produce a specific product. Therefore that obligation should only be enforceable for a time period of 10 years and only if the product in question is still being produced at the time of the repair request. The economic freedom of choice to stop manufacturing a product must be guaranteed. In that case the repair becomes factually impossible.
Amendment 94 #
Proposal for a directive 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 apply. 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. Depending on the case, this obligation may also be incumbent on sellers, importers or authorised representatives.
Amendment 95 #
Proposal for a directive 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 t
Amendment 96 #
Proposal for a directive Recital 12 (12) Since the obligation to repair imposed on producers under this Directive covers defects that are not due to the non-
Amendment 97 #
Proposal for a directive 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 may take into account, for instance, labour costs, costs for spare parts, costs for operating the repair facility and a customary margin. 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. To incentivise consumers to have their product repaired outside of the legal guarantee, a producer may offer a loan of a replacement or refurbished good for the duration of the repair, which is expected to be returned once the consumer receives the repaired good.
Amendment 98 #
Proposal for a directive Recital 12 (12)
Amendment 99 #
Proposal for a directive 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
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Awaiting signature of actNew
Procedure completed, awaiting publication in Official Journal |
2024-06-13Show (1) Changes | Timetravel
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2024-06-12Show (1) Changes | Timetravel
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2024-06-11Show (1) Changes | Timetravel
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2024-06-08Show (4) Changes | Timetravel
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Old
Awaiting Council's 1st reading positionNew
Awaiting signature of act |
2024-06-07Show (4) Changes | Timetravel
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Awaiting Council's 1st reading positionNew
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2024-06-06Show (4) Changes | Timetravel
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Old
Awaiting Council's 1st reading positionNew
Awaiting signature of act |
2024-06-05Show (4) Changes | Timetravel
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Old
Awaiting Council's 1st reading positionNew
Awaiting signature of act |
2024-06-04Show (2) Changes | Timetravel
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2024-06-03Show (2) Changes | Timetravel
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2024-06-02Show (2) Changes | Timetravel
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2024-06-01Show (2) Changes | Timetravel
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2024-05-31Show (2) Changes | Timetravel
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2024-04-27Show (5) Changes | Timetravel
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Old
Awaiting Parliament's position in 1st readingNew
Awaiting Council's 1st reading position |
2024-04-26Show (5) Changes | Timetravel
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Old
Awaiting Parliament's position in 1st readingNew
Awaiting Council's 1st reading position |
2024-04-25Show (5) Changes | Timetravel
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Old
Awaiting Parliament's position in 1st readingNew
Awaiting Council's 1st reading position |
2024-04-24Show (2) Changes | Timetravel
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2024-04-23Show (1) Changes | Timetravel
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Debate in plenary scheduledNew
Debate scheduled |
2024-04-19Show (1) Changes | Timetravel
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2024-03-15Show (1) Changes | Timetravel
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2024-03-14Show (1) Changes | Timetravel
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2024-03-13Show (1) Changes | Timetravel
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2024-03-12Show (1) Changes | Timetravel
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2024-03-11Show (1) Changes | Timetravel
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2024-03-10Show (1) Changes | Timetravel
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2024-03-06Show (2) Changes | Timetravel
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2024-02-17Show (1) Changes | Timetravel
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2023-12-08Show (2) Changes | Timetravel
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2023-11-23Show (5) Changes | Timetravel
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2023-11-22Show (5) Changes | Timetravel
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Vote in plenary scheduledNew
Vote scheduled |
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2023-11-21Show (1) Changes | Timetravel
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Old
Debate in plenary scheduledNew
Debate scheduled |
2023-11-18Show (2) Changes | Timetravel
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Indicative plenary sitting dateNew
Debate in plenary scheduled |
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2023-11-17Show (2) Changes | Timetravel
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2023-11-09Show (2) Changes | Timetravel
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2023-11-08Show (1) Changes | Timetravel
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2023-10-31Show (2) Changes | Timetravel
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Old
Awaiting committee decisionNew
Awaiting Parliament's position in 1st reading |
2023-10-29Show (3) Changes | Timetravel
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Old
2023-06-11T00:00:00New
2023-06-12T00:00:00 |
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Old
2023-07-16T00:00:00New
2023-07-17T00:00:00 |
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2023-09-14T00:00:00New
2023-09-15T00:00:00 |
2023-10-26Show (2) Changes | Timetravel
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| procedure/Other legal basis |
Rules of Procedure EP 159
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2023-10-25Show (3) Changes | Timetravel
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Old
New
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Old
New
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2023-10-19Show (1) Changes | Timetravel
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2023-09-30Show (2) Changes | Timetravel
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2023-09-24Show (1) Changes | Timetravel
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2023-09-23Show (1) Changes | Timetravel
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Old
2023-11-08T00:00:00New
2023-11-20T00:00:00 |
2023-08-22Show (1) Changes | Timetravel
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2023-07-22Show (1) Changes | Timetravel
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2023-07-14Show (1) Changes | Timetravel
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2023-07-11Show (2) Changes | Timetravel
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| procedure/legal_basis/0 |
Rules of Procedure EP 57
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2023-07-03Show (2) Changes | Timetravel
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False
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2023-06-22Show (1) Changes | Timetravel
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2023-06-15Show (1) Changes | Timetravel
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2023-06-03Show (1) Changes | Timetravel
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2023-05-26Show (1) Changes | Timetravel
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2023-05-22Show (3) Changes | Timetravel
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Old
New
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Old
New
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2023-05-05Show (4) Changes | Timetravel
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Old
New
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2023-04-19Show (1) Changes | Timetravel
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2023-04-18Show (3) Changes | Timetravel
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| procedure/dossier_of_the_committee |
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Old
Preparatory phase in ParliamentNew
Awaiting committee decision |
2023-04-13Show (1) Changes | Timetravel
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2023-04-12Show (3) Changes | Timetravel
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2023-04-06Show (3) Changes | Timetravel
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2023-03-29Show (4) Changes
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