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~~15.2.2024~~

P9_TA(2023)0400

~~PROVISIONAL AGREEMENT RESULTING FROM INTERINSTITUTIONAL NEGOTIATIONS~~

Common rules promoting the repair of goods

Subject: 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

Committee on the Internal Market and Consumer Protection

~~(COM(2023)0155 – C90117/2023 – 2023/0083(COD))~~

PE749.950

The interinstitutional negotiations on the aforementioned proposal for a directive have led to a compromise. In accordance with Rule 74(4) of the Rules of Procedure, the provisional agreement, reproduced below, is submitted as a whole to the Committee on the Internal Market and Consumer Protection for decision by way of a single vote.

Amendments adopted by the European Parliament on 21 November 2023 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 (COM(2023)0155 – C9-0117/2023 – 2023/0083(COD))

~~2023/0083 (COD)~~

(Ordinary legislative procedure: first reading)

~~Proposal for a~~

Amendment 1

~~DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL~~

Proposal for a directive

~~on common rules promoting the repair of goods and amending Regulation (EU) 2017/2394, Directives (EU) 2019/771 and (EU) 2020/1828~~

Recital 1

~~(Text with EEA relevance)~~

Text proposed by the Commission

~~THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,~~

Amendment

~~Having regard to the Treaty on the Functioning of the European Union, and in particular Article 114 thereof,~~

(1) Directive (EU) 2019/771 of the European Parliament and of the Council12 pursues the objective of improving the functioning of the internal market, while achieving a high level of consumer protection. In the context of the green transition, this Directive pursues the objective of improving the functioning of the internal market, while promoting more sustainable consumption, and thereby complements the objective pursued by Directive (EU) 2019/771.

~~Having regard to the proposal from the European Commission,~~

(1) Directive (EU) 2019/771 of the European Parliament and of the Council12 pursues the objective of improving the functioning of the internal market, while achieving a high level of consumer protection as well as increased circularity within the economy. In the context of the green transition, this Directive pursues the objective of improving the functioning of the internal market, while promoting more sustainable consumption, and thereby complements the objective pursued by Directive (EU) 2019/771.

~~After transmission of the draft legislative act to the national parliaments,~~

__________________

~~Having regard to the opinion of the European Economic and Social Committee,~~

__________________

~~Acting in accordance with the ordinary legislative procedure,~~

12 Directive (EU) 2019/771 of the European Parliament and of the Council of 20 May 2019 on certain aspects concerning contracts for the sale of goods, amending Regulation (EU) 2017/2394 and Directive 2009/22/EC, and repealing Directive 1999/44/EC (OJ L 136, 22.5.2019, p. 28).

~~Whereas:~~

(1) Directive (EU) 2019/771 of the European Parliament and of the Council pursues the objective of improving the functioning of the internal market, while achieving a high level of consumer protection as well as increased circularity within the economy. In the context of the green transition, this Directive pursues the objective of improving the functioning of the internal market, while promoting more sustainable consumption, and thereby complements the objective pursued by Directive (EU) 2019/771.

Amendment 2

(2) In order to achieve these objectives, and in particular to facilitate cross-border provision of services and competition among repairers of goods purchased by consumers in the internal market, it is necessary to lay down uniform rules promoting the repair of goods purchased by consumers within and beyond the liability of the seller established by Directive (EU) 2019/771. Member States have already taken or are considering to introduce rules promoting repair and reuse of goods purchased by consumers outside the existing liability of the seller established by Directive (EU) 2019/771. Differing mandatory national rules in this area constitute actual or potential obstacles to the functioning of the internal market, adversely affecting cross-border transactions of economic operators acting on that market. Those operators may have to adapt their services to comply with the different mandatory national rules and may be faced with additional transaction costs for obtaining the necessary legal advice on the requirements of the law of the Member State of the consumer’s habitual residence, when applicable pursuant to Regulation (EC) 593/2008 of the European Parliament and of the Council, and to adapt their contracts for the provision of repair services accordingly. This will affect, in particular, small and medium sized enterprises, mostly represented in the repair sector. Legal fragmentation may also negatively affect consumer confidence in cross-border repair due to uncertainties regarding factors which are important for the decision to repair goods.

Proposal for a directive

(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 strengthen the provisions related to the repair of goods, allowing consumers to seek affordable repair from the provider of their choice. Repair should result in a sustainable consumption, 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, by promoting a life cycle of products which include re-use, repair and refurbishment, while also producing benefits for consumers by avoiding costs associated with new purchases in the short term.

Recital 3

(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. This Directive complements those supply-side and demand-side requirements, by promoting repair and reuse in the after-sales phase ▌ outside the liability of the seller. In addition, Article 10 and Article 13 of Directive (EU) 2019/771 are amended to promote repair within the liability of the seller. This Directive thus pursues the objectives, in the context of the European Green Deal, of promoting a more sustainable consumption, a circular economy and the green transition.

Text proposed by the Commission

Amendment

(5) This Directive should not affect the freedom of Member States to regulate aspects of contracts for the provision of repair services other than those harmonised in Union law. This Directive should not affect either the freedom of Member States to regulate aspects of general contract law, such as rules on the formation, validity, nullity or effects of contracts, including the consequences of the termination of a contract, in so far as they are not regulated in this Directive, or the right to damages. This Directive is without prejudice to Regulation (EU) 2023/9881 of the European Parliament and the Council, in particular in the case of a product safety recall. _________ 1. Regulation (EU) 2023/988 of the European Parliament and of the Council of 10 May 2023 on general product safety (OJ L 135, 23.5.2023, p. 1–51).

(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 more sustainable consumption, 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.

(5a) Member States remain free, where compatible with the obligations laid down in this Directive and other applicable Union law, to maintain or introduce provisions on other aspects of promoting the repair of goods which can complement the rules set in this Directive, for example regarding commercial guarantees, the existence of repair service centers or finance incentives to repair.

(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 strengthen consumers’ right to repair, whereby consumers can seek quality and affordable repair from the provider of their choice. Repair should result in a 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, by promoting a life cycle of products which include re-use, repair and refurbishment, while also producing benefits for consumers by avoiding costs associated with new purchases in the short term.

(5b) In order to fully exploit the benefits of this Directive, it should apply to all goods. However, the provisions concerning the obligations to repair and to inform as specified in this Directive should only apply to goods for which reparability requirements are provided for by Union legal acts.

Amendment 3

Proposal for a directive

Recital 4 a (new)

Text proposed by the Commission

Amendment

(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. Various obstacles might also prevent consumers from option for repair, such as the unavailability of information on reparability of a product when purchasing a good, lack of access to spare parts, lack of information on repair services, and costs of repair. 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 4

Proposal for a directive

Recital 6

Text proposed by the Commission

Amendment

(6) Reparability requirements should comprise all requirements under Union legal acts which ensure that goods can be repaired, including but not limited to requirements under the ecodesign framework referred to in Regulation [on the Ecodesign for Sustainable Products], to cover a broad range of products as well as future developments in any other field of Union law.

(7) In order to help consumers identify and choose suitable repair services, repairers may provide consumers with key information on their repair services by means of a standardised European Repair Information Form provided in Annex I of this Directive. The European Repair Information ▌ should comprise the key parameters that influence consumer repair decisions, such as the nature of the defect, price and the time within which the repairer undertakes to complete the repair. If the repairer offers additional services such as transportation service, the individual costs of those services should be provided. Information in the European Repair Information Form should be provided to consumers in a clear and comprehensible manner and in line with the accessibility requirements of Directive 2019/8821. The European Repair Information Form could allow consumers to assess and easily compare repair services and facilitate the provision of information on repair services, in particular for micro, small and medium sized businesses. The provision of the European Repair Information Form by repairers would make it easier for consumers to compare alternative repair offers. The repairers would gain more legal certainty since by using and filling in correctly the European Repair Information Form they will be deemed to fulfil their legal obligations, in particular with respect to provision of pre-contractual information pursuant to Directive 2011/83/EU of the European Parliament and the Council. 1 The standardised presentation of the key information via the European Repair Information Form will improve the clarity and transparency contributing to greater consumer trust in their repair services. _________.

(8) The consumer’s free choice to decide by whom to have his goods repaired should be facilitated by a voluntary provision of the European Repair Information Form. Repairers should provide the European Repair Information Form only on a voluntary basis. The Form should be provided within a reasonable period of time, which should correspond to the shortest possible time necessary from the request and before the consumer is bound by a contract for the provision of repair services. When no form is provided, a consumer may also conclude a contract for the provision of repair services with a repairer pursuant to pre-contractual information provided by other means in accordance with Directive 2011/83/EU of the European Parliament and the Council. _________ .

Amendment 5

(9) The European Repair Information Form should be provided free of charge. However, there are situations in which a repairer needs to perform a diagnostic service, i.e. inspecting the goods to identify the nature of the defect or the type of repair. In that case the repairer should be able to request the consumer to pay the necessary costs that he incurs, including labour or transportation costs. In line with the pre-contractual information and other requirements set out in Directive 2011/83/EU, the repairer should inform the consumer about such costs before the consumer requests the diagnostic service and before the provision of the European Repair Information Form. Consumers may refrain from requesting the diagnostic service where they consider that the costs for obtaining the diagnostic service are too high. If the consumer chooses to have the product repaired, the repairer should be able to deduct such costs from the price of the repair. This is without prejudice to Member States’ rules on mandatory deduction of such costs. The deduction could be communicated through the European Repair Information Form.

Proposal for a directive

(10) Repairers should not alter the conditions of repair that they provide in the European Repair Information Form, including ▌ the price for repair, for a minimum period of 30 calendar days. However, the repairer and the consumer should be able to agree on a longer period. This ensures that consumers are given sufficient time to compare different repair offers. If a contract for the provision of repair services is concluded based on the European Repair Information Form, the information on conditions of repair and price contained in that form should constitute an integral part of the contract for the provision of repair services, thereby defining the repairer’s obligations under that contract. Non-compliance with those contractual obligations is governed by the applicable national law.

Recital 7

(10a) If the repairers decide to offer the European Repair Information Form and the consumers accept the condition provided therein, the repairers are obliged to repair. Member States should provide for proportionate and effective remedies for consumers where the repairer does not perform the repair service after the consumer accepted the European Repair Information Form provided by the repairer. Such remedies can include a reimbursement of the cost paid for the diagnostic service.

Text proposed by the Commission

(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 manufacturers 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 manufacturers of such goods, since they are the addressees of those reparability requirements. That obligation should apply to manufacturers established both inside and outside the Union in relation to goods placed on the Union market. Furthermore, this Directive should not put into question the economic freedom of choice for manufacturer to stop manufacturing a good, without prejudice, where applicable, to the obligation to provide spare parts and tools under Union law.

Amendment

(12) Since the obligation to repair imposed on manufacturers under this Directive covers defects that are not due to the non-conformity of the goods with a sales contract, manufacturers may provide repair for a price paid by the consumer, ▌ or for free. The charging of a price should encourage manufacturers 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 should be reasonable meaning it should be set in such a way that consumers are not intentionally deterred from benefitting from the manufacturers’ obligation to repair. The price for and the conditions of repair should be agreed in a contract between the consumer and the manufacturer 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 manufacturers 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 goods repaired outside of the legal guarantee, a manufacturer may offer a loan of a comparable good for the duration of the repair, which is expected to be returned once the consumer receives the repaired good.

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

(13) It would be beneficial that the repair could be carried out as close as possible to the consumer to prevent unnecessary shipping costs and emissions. Manufacturers and, where applicable, authorised representatives, importers and distributors, should be able to fulfil their obligation to repair by sub-contracting repair, for instance, if they do not have the repair infrastructure or if repair can be carried out by a repairer located closer to the consumer. However, they should remain liable for the obligation to repair.

(7) In order to help consumers identify and choose suitable repair services, consumers should receive key information on repair services. The European Repair Information Form should lay down key parameters that influence consumer decisions when considering whether to repair defective goods. This Directive should set out a model standardised format. A standardised format for presenting repair services should allow consumers to assess and easily compare repair services. Such standardised format should also facilitate the process of providing information on repair services, in particular for micro, small and medium sized businesses providing repair services. Information in the European Repair Information Form should be provided to consumers in a clear and comprehensible manner and in line with the accessibility requirements of Directive 2019/88214 .

(14) 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 Council, according to which manufacturers are to 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 manufacturer, but also by other repairers. As a consequence, the repairers and, where applicable, consumers will have access to spare parts and repair-related information and tools in accordance with the Union legal acts and the consumer will have a wider choice of repairers or, where applicable, the possibility to repair by themselves. Spare parts should at least be made available for the time period set out in Union legal acts. Manufacturers that make spare parts and tools available for goods listed in Annex II, whether because of corresponding legal obligations under Union law or voluntarily, should apply a reasonable price that does not deter the access to such spare parts and tools, thereby preventing repair. To complement those measures, manufacturers should not use any contractual clauses, hardware or software techniques that impede the repair of the products for which there are reparability requirements set out in Union law and listed in Annex II of this Directive unless they are justified by legitimate and objective factors, including to prevent or restrict the unauthorised use of works and other subject matters protected by intellectual property rights under Union and national legal acts, in particular Directives 2001/29/EC, 2004/48/EC and (EU) 2019/790. Consequently, this should encourage competition and benefit consumers with better services and lower repair prices.

__________________

(14a) It should be recalled that traders’ practices that induce 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 false claims that such repair or inspection generates risks related to safety, thereby misleading consumers, can, where applicable, constitute an unfair commercial practice under Directive 2005/29/EC.

__________________

(15) The obligation to repair should also be effective in cases where the manufacturer 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 manufacturer in such cases. This should enable manufacturers located outside the Union to organise and perform their obligation to repair within the Union.

14 Directive 2019/882/EU of the European Parliament and of the Council of 17 April 2019 on the accessibility requirements for products and services (OJ L 151, 7.6.2019, p. 70).

(16) To avoid overburdening manufacturers and to ensure they are able to perform their obligation to repair, that obligation should be limited to those products for which and to the extent any reparability requirements are provided for in Union legal acts. Reparability requirements do not oblige manufacturers to repair defective goods, but ensure that goods are reparable. Such reparability requirements can be laid down in relevant Union legal acts. Examples are delegated acts adopted pursuant to Regulation [on the Ecodesign for Sustainable Products] or implementing measures adopted pursuant to Directive 2009/125/EC of the European Parliament and of the Council1, which create a framework to improve the environmental sustainability of products or in other relevant Union legal acts such as the batteries regulation. This limitation of the obligation to repair ensures that only those goods which are reparable by design are subject to such obligation. Relevant reparability requirements include design requirements enhancing the ability to disassemble the goods and a range of spare parts to be made available for a minimum period. The obligation to repair corresponds to the scope of the reparability requirements, for instance, ecodesign requirements may apply only to certain components of the goods or a specific period of time may be set to make spare parts available. The obligation to repair under this Directive, which allows the consumer to claim repair directly against the manufacturer in the after-sales phase, complements the supply-side related reparability requirements laid down in for example Regulation [on the Ecodesign Sustainable Products], encouraging consumer demand for repair.

14 Directive 2019/882/EU of the European Parliament and of the Council of 17 April 2019 on the accessibility requirements for products and services (OJ L 151, 7.6.2019, p. 70).

▌

Amendment 6

(17) To ensure legal certainty, this Directive lists in Annex II relevant product groups covered by ▌ reparability requirements under Union legal acts ▌ In order to ensure coherence with future regulatory developments, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of in particular adding new product groups to Annex II, when new reparability requirements are adopted. The Commission should then add those new product categories as quickly as possible and at the latest 12 months after publication of the legal act on which the reparability requirements are based on. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making1. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council should receive all documents at the same time as Member States' experts, and their experts systematically should have access to meetings of Commission expert groups dealing with the preparation of delegated acts.

Proposal for a directive

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

Recital 8

(19) In line with Directive (EU) 2019/771, a manufacturer should be exempted from the obligation to repair where repair is factually or legally impossible. For example, the manufacturer should not refuse repair for purely economic reasons, such as the costs of spare parts, or for the sole reason that a previous repair has been performed by other repairers or, where applicable, by the consumer. National law implementing Directive (EU) 2019/771 or the preceding Directive 1999/44/EC of the European Parliament and of the Council is already using the criterion whether repair is impossible and national courts are applying it.

Text proposed by the Commission

(20) In order to increase the consumer awareness on the availability of repair and thus its likelihood, manufacturers and, where applicable, authorised representatives, importers and distributors, should inform consumers by making available information on their obligation to repair and their repair services. The information should be available at least during the entire duration of the obligation to repair, which could be understood as starting from the moment of placing on the market until the expiry of the reparability requirements. 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 manufacturer is free to determine the means through which it informs the consumer, such as on a website in a visible and prominent way, in the Digital Product Passport or at the point of sale for example where the manufacturer is the seller.

Amendment

(21) In order to encourage repair, the Commission should set up a European online platform. The European online platform would consist of national sections based on a common online interface and include links to national repair platforms that fulfil the criteria set out in this Directive. To this end, the Commission should develop a common online interface for the European online platform. The Commission should also be responsible for ensuring the IT maintenance of the European online platform and respond to technical or other queries from the users regarding any incorrect functioning of the platform. The European online platform should be accessible for free for consumers. It should also be able to accommodate sellers of refurbished goods, purchasers of defective goods for refurbishment or complementary market-based instruments, such as community-led repair initiatives. Member States should either use the common online interface for creating their national sections on the European Online platform or establish national repair platforms that fulfil the criteria set out in this Directive. When Member States use the European online platform, it should be left to Member States’ discretion how to populate the national sections, for instance by self-registration, importing bulk data from existing databases with the consent of the repairers or by making registration subject to prior approval. Where Member States consider it necessary, they can set out conditions for accessing the national sections, such as meeting criteria on professional qualifications or showing adherence to applicable voluntary European or national repair quality standards. Such conditions must be non-discriminatory and in accordance with Union law. Member States that choose to set access conditions in their national sections should benefit from six additional months to make their national section operational. Some Member States or economic operators have invested resources in developing national platforms to promote repair. To avoid creating excessive administrative burden and to allow for appropriate flexibility, Member States may also choose to maintain or establish a national repair online platform which complies with the requirements of this Directive. Where a Member State establishes a national repair online platform, it should not be obliged to establish a national section on the European Platform nor to designate national contact points. The Member States should choose between establishing a national section on the European online platform or establishing a national platform that complies with the conditions set out in this Directive and inform the Commission thereof by [24 months after the entry into force of this Directive]. Such compliant national platforms will be accessible via a link from the European online platform if they are operational at the latest [36 months] from the entrance into force of this Directive. They can be private, public or private-public partnership platforms.

(8) The consumer’s free choice to decide by whom to have its goods repaired should be facilitated by requesting the European Repair Information Form not only from the producer, but also from the seller of the goods concerned or from independent repairers, where applicable. Repairers should provide the European Repair Information Form only where the consumer requests that form and the repairer intends to provide the repair service or it is obliged to repair. A consumer may also choose not to request the European Repair Information Form and to conclude a contract for the provision of repair services with a repairer pursuant to pre-contractual information provided by other means in accordance with Directive 2011/83/EU of the European Parliament and the Council.15

(21a) The European online platform should include user-friendly tools to search for repairers by Member State. This would assist consumers in assessing and comparing the merits of different repair service providers, thereby incentivising consumers to choose repair. While the European online platform aims at facilitating the search for repair services in business-to-consumer relationships, in order to promote sustainable consumption, Member States can extend the scope of their national section on the European online platform to include sellers of refurbished goods, purchasers of defective goods for refurbishment or community-led repair initiatives, such as repair cafes.

(8) The consumer’s free choice to decide by whom to have its goods repaired should be facilitated by a voluntary provision of the European Repair Information Form not only by the producer, but also from the seller of the goods concerned or from independent repairers, where applicable. Repairers should provide the European Repair Information Form only voluntarily. A consumer may also conclude a contract for the provision of repair services with a repairer pursuant to pre-contractual information provided by other means in accordance with Directive 2011/83/EU of the European Parliament and the Council.15

(22) Member States should designate a representative to be part of an expert group established by the Commission with regard to the design and functioning of the European online platform, in order to facilitate coordination between the Commission and the Member States ▌ .

__________________

(22a) Member States should also designate national contact points responsible for tasks in relation to the management of their national section. National contact points or any other body the Member State designates should, where in accordance with Union law, carry out surveillance on the data contained in the national section aimed at detecting, identifying and removing non-valid information.

__________________

(23) The European Commission should ensure that the European online platform is accessible for consumers easily and free of charge. The European online platform should allow consumers to find suitable repair services for their defective goods and, where applicable, sellers of refurbished goods, purchasers of defective goods for refurbishment or community-led repair initiatives such as repair cafes. Consumers should be able to use search functions in order to filter by different features like product categories, availability of temporary replacement goods, quality indicators and any repair condition, including location of the repairer and the possibility of cross border provision of services. The European online platform should also be accessible to vulnerable consumers, including persons with disabilities, in accordance with applicable Union law relating to accessibility.

15 Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council and repealing Council Directive 85/577/EEC and Directive 97/7/EC of the European Parliament and of the Council (Text with EEA relevance) (OJ L 304, 22.11.2011, p. 64–88).

(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 European online platform generic information on key elements of their repair services to enable consumers to decide whether to repair the good in question, in particular the average time to complete repair, the availability of temporary replacement goods, the place where the consumer hands over the goods for repair and the availability of ancillary services. Repairers and, where applicable, sellers of refurbished goods, purchasers of defective goods for refurbishment or community-led repair initiatives such as repair cafes should be encouraged to regularly update their information on the European online platform. In order to build consumer confidence in the repair services available on the European online platform, repairers should be able to demonstrate their adherence to certain repair standards.

(25) In order to facilitate obtaining the European Repair Information Form, the European online platform should include the possibility for consumers to directly request that form from the repairer through the European online platform, whenever the repairer makes this form available voluntarily. To raise consumer awareness about the European online platform, the Commission and the Member States should undertake appropriate steps, for instance sign-post the European online platform on related national websites or carry out communication campaigns.

Amendment 7

(25a) It is recalled that Member States should ensure that their national laws, including when transposing this Directive, are fully in line with the fundamental freedoms to provide services and of establishment as enshrined in the Treaties. This Directive is without prejudice to Directive (EU) 2018/958.

Proposal for a directive

▌

Recital 9

(26a) Member States’ measures promoting repair can be of financial or of non-financial nature. Measures of non-financial nature can 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 may, for example, take the form of repair vouchers, repair funds, supporting or creating local or regional repair platforms, organising or financing training programs to acquire special skills in repair, taxation measures. In the context of taxation measures, it is recalled that, where applicable, with Annex III of Council Directive 2006/112/EC on the common system of value added tax, Member States can, as appropriate, opt to provide for a reduced VAT rate regarding (19): “supply of repairing services of household appliances, shoes and leather goods, clothing and household linen (including mending and alteration)”. In this context, the Commission could consider introducing a proposal, if appropriate, for the amendment of Annex III of that Directive. These measures can be taken at a national, regional or local level. Member States should notify to the Commission one or more measures taken promoting repair, in order to facilitate the exchange of best practices. The Commission should make information on such measures publicly available.

Text proposed by the Commission

Amendment

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

(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. Charging those costs should be limited to cases where the repairer may need to inspect the goods to be able to determine the defect or type of repair that is necessary, including the need for spare parts, and to estimate the repair price. In these cases, a repairer may only request a consumer to pay the costs that are necessary for providing this information included in the European Repair Information Form. These costs 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-contractual information and other requirements set out in Directive 2011/83/EU, the repairer should inform the consumer about such costs before the consumer requests the provision of the European Repair Information Form. Consumers may refrain from receiving the European Repair Information Form where they consider that the costs for obtaining that form are too high.

Amendment 8

Proposal for a directive

Recital 11

Text proposed by the Commission

Amendment

(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.

(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 that are listed in Annex II to this Directive. That repair obligation should be imposed, upon the consumer’s request, on the producers of such goods, since they are the addressees of those reparability requirements. That obligation should apply to producers established both inside and outside the Union in relation to goods placed on the Union market. However, the obligation for repair should be proportionate and take into account the availability of spare parts for the lifetime of the product. Spare parts should at least be made available for the time period set out in Union acts. Furthermore, this Directive should not put into question the economic freedom of choice for producers to stop manufacturing a product.

Amendment 9

Proposal for a directive

Recital 12

Text proposed by the Commission

Amendment

(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.

(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. For cases where those costs cannot be estimated prior to the repair, information on maximum expected price should be delivered to consumers. The price for and the conditions of repair should be agreed in a contract between the consumer and the producer and the consumer should remain free to decide whether that price and those conditions are acceptable. The need for such a contract and the competitive pressure from other repairers should encourage producers who are obliged to repair to keep the price acceptable for the consumer. The repair obligation may also be performed for free when the defect is covered by a commercial guarantee, for instance, in relation to guaranteed durability of goods. 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 10

Proposal for a directive

Recital 13

Text proposed by the Commission

Amendment

(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, among others where the producer is established outside the Union.

(13) Producers may fulfil their obligation to repair by sub-contracting repair, for instance, if the producer does not have the repair infrastructure. To prevent unnecessary shipping costs and emissions, the repair should be carried out as close as possible to the consumer. Thus, the repair can be carried out by a repairer located closer to the consumer, in particular in those instances where the producer is established outside the Union.

Amendment 11

Proposal for a directive

Recital 14

Text proposed by the Commission

Amendment

(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. To complement those measures, access for independent repairers, remanufacturers, refurbishers and end-users to all spare parts, all related information and tools, including diagnostic tools, should be provided at a reasonable cost and in a non-discriminatory manner, for a period corresponding to at least the expected lifespan of the product. Consequently, this should ensure competition and benefit consumers with better services and lower prices when selecting a repairer of its choice or where capable, carry out the repair on its own. Complexity and safety of the repair is linked with the type of device. Where it could be reasonably foreseen that the performance of repair by the average consumer could lead to safety hazard or requires advanced tools, the producers should explicitly warn the consumer.

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16 Directive 2009/125/EC of the European Parliament and of the Council of 21 October 2009 establishing a framework for the setting of ecodesign requirements for energy-related products (recast) (Text with EEA relevance) (OJ L 285, 31.10.2009, p. 10–35).

Amendment 12

Proposal for a directive

Recital 15

Text proposed by the Commission

Amendment

(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. Because of their role in the supply chain of goods to consumers, fulfilment service providers should also be covered by this Directive. This should prevent situations where no economic operator is established in the Union to fulfil the repair obligation. Producers established outside the Union should organise and perform their obligation to repair within the Union.

Amendment 13

Proposal for a directive

Recital 16

Text proposed by the Commission

Amendment

(16) To avoid overburdening producers and to ensure they are able to perform their obligation to repair, that obligation should be limited to those products for which and to the extent any reparability requirements are provided for in Union legal acts. Reparability requirements do not oblige producers to repair defective goods, but ensure that goods are reparable. Such reparability requirements can be laid down in relevant Union legal acts. Examples are delegated acts adopted pursuant to Regulation [on the Ecodesign for Sustainable Products] or implementing measures adopted pursuant to Directive 2009/125/EC of the European Parliament and of the Council17 , which create a framework to improve the environmental sustainability of products. This limitation of the obligation to repair ensures that only those goods which are reparable by design are subject to such obligation. Relevant reparability requirements include design requirements enhancing the ability to disassemble the goods and a range of spare parts to be made available for a minimum period. The obligation to repair corresponds to the scope of the reparability requirements, for instance, ecodesign requirements may apply only to certain components of the goods or a specific period of time may be set to make spare parts available. The obligation to repair under this Directive, which allows the consumer to claim repair directly against the producer in the after-sales phase, complements the supply-side related reparability requirements laid down in Regulation [on the Ecodesign Sustainable Products], encouraging consumer demand for repair.

(16) To avoid overburdening producers and to ensure they are able to perform their obligation to repair, that obligation should be established for those products for which and to the extent any reparability requirements are provided for in Union legal acts and for other reparable products, including bicycles. Reparability requirements do not oblige producers to repair defective goods, but ensure that goods are reparable. Such reparability requirements can be laid down in relevant Union legal acts. Examples are delegated acts adopted pursuant to Regulation [on the Ecodesign for Sustainable Products] or implementing measures adopted pursuant to Directive 2009/125/EC of the European Parliament and of the Council 17 , which create a framework to improve the environmental sustainability of products. This limitation of the obligation to repair ensures that only those goods which are reparable by design are subject to such obligation. Relevant reparability requirements include design requirements enhancing the ability to disassemble the goods and a range of spare parts to be made available for a minimum period. The obligation to repair corresponds to the scope of the reparability requirements, for instance, ecodesign requirements may apply only to certain components of the goods or a specific period of time may be set to make spare parts available. The obligation to repair under this Directive, which allows the consumer to claim repair directly against the producer in the after-sales phase, complements the supply-side related reparability requirements laid down in Regulation [on the Ecodesign Sustainable Products], encouraging consumer demand for repair.

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17 Directive 2009/125/EC of the European Parliament and of the Council of 21 October 2009 establishing a framework for the setting of ecodesign requirements for energy-related products (recast).

Amendment 14

Proposal for a directive

Recital 16 a (new)

Text proposed by the Commission

Amendment

(16a) By 5 years after the entry into force of this Directive, the Commission should carry out an evaluation of this Directive and assess its contribution, and in particular Articles 5, 9a and 12, to the proper functioning of the internal market, the high level of consumer protection and the improvement of the environmental sustainability of products, as well as their impact on businesses, in particular micro, small and medium enterprises. With regards to Article 7 it should evaluate and assess the effectiveness of online platforms for repair based on data from individual Member States, containing information on the number of active repair service providers, consumers and the number of transactions performed. The Commission should draw up a report on the main findings and submit it to the European Parliament, the Council, the European Economic and Social Committee, and the Committee of the Regions. Member States should provide the Commission with the information necessary for the preparation of that report. The report should be accompanied, where appropriate, by a legislative proposal.

Amendment 15

Proposal for a directive

Recital 17

Text proposed by the Commission

Amendment

(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 power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of in particular adding new product groups to Annex II when new reparability requirements are adopted. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making18 . In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council should receive all documents at the same time as Member States' experts, and their experts systematically should have access to meetings of Commission expert groups dealing with the preparation of delegated acts.

(17) To ensure legal certainty, this Directive lists in Annex II relevant product groups for the repair obligation under this Directive or that are covered by reparability requirements under Union legal acts as well as other reparable goods, including bicycles. In order to ensure coherence with future market and legislative developments, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of in particular adding new product groups to Annex II, for instance when new reparability requirements are adopted. When adding new product groups to the Annex II the Commission should conduct an impact assessment, in particular when the addition is undertaken independent of other acts under Union law. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making18 . In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council should receive all documents at the same time as Member States' experts, and their experts systematically should have access to meetings of Commission expert groups dealing with the preparation of delegated acts.

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18 Interinstitutional Agreement between the European Parliament, the Council of the European Union and the European Commission on Better Law-Making (OJ L 213,12.5.2016, p. 1).

Amendment 16

Proposal for a directive

Recital 20

Text proposed by the Commission

Amendment

(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 that obligation. 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.

(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. 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 or where relevant the seller are free to determine the means through which it informs the consumer, for example through means at the point of sale in a visible and prominent way.

Amendment 17

Proposal for a directive

Recital 21

Text proposed by the Commission

Amendment

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

(21) In order to encourage repair, Member States should ensure that for their territory at least one online platform exists which enables consumers to search for suitable repairers. That platform may be an existing or privately operated platform, if it meets the conditions laid down in this Directive. If such an online platform does not exist, Member States should seek to create one in collaboration with the involved economic operators. That platform should include user-friendly and independent comparison tools which assist consumers in assessing and comparing the merits of different repair service providers, thereby incentivising consumers to choose repair instead of buying new goods. While that platform aims at facilitating the search for repair services in business-to-consumer relationships, Member States are free to extend its scope also to include business-to-business relationships as well as community-led repair initiatives.

Amendment 18

Proposal for a directive

Recital 25

Text proposed by the Commission

Amendment

(25) In order to facilitate obtaining the European Repair Information Form, the online platform should include the possibility for consumers to directly request that form from the repairer through the online platform. This possibility should be displayed in a prominent manner on the online platform. To create awareness of national online repair platforms and to facilitate access to such platforms across the Union, Member States should ensure that their online platforms are accessible through relevant national webpages connected to the Single Digital Gateway established by Regulation (EU) 2018/1724 of the European Parliament and of the Council20 . To raise consumer awareness of the online platform, Member States should undertake appropriate steps, for instance sign-post the online platform on related national websites or carry out communication campaigns.

(25) In order to facilitate obtaining the European Repair Information Form, the online platform should include the possibility for consumers to directly request that form from the repairer through the online platform. This possibility should be displayed in a prominent manner on the online platform. To create awareness of national online repair platforms and to facilitate access to such platforms across the Union, Member States should ensure that their online platforms are accessible through relevant national webpages connected to the Single Digital Gateway established by Regulation (EU) 2018/1724 of the European Parliament and of the Council20 . Member States should communicate to the Commission the link of existing online platforms for repair in their territory within 12 months after entry into force of this Directive and the link of every new online platform for repair within 14 working days of their launch. The Commission should keep a publicly available and easily accessible and machine-readable database of online platforms for repair registered within the Member States.

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20 Regulation (EU) 2018/1724 of the European Parliament and of the Council of 2 October 2018 establishing a single digital gateway to provide access to information, to procedures and to assistance and problem-solving services and amending Regulation (EU) No 1024/2012 (OJ L 295, 21.11.2018, p. 1).

Amendment 19

Proposal for a directive

Recital 25 a (new)

Text proposed by the Commission

Amendment

(25a) To raise consumer awareness of the online platform for repair, Member States should take appropriate steps, for instance signposting the online platform on related national websites or carrying out communication campaigns. Economic operators or online platforms allowing long-distance contracts should also take appropriate steps to inform consumers about the online platform for repair, for instance, by sending the consumer the link or advertising it in store. Methods to raise awareness shall take into account and be accessible for consumers with low literacy and digital skills.

Amendment 20

Proposal for a directive

Recital 26 a (new)

Text proposed by the Commission

Amendment

(26a) As a clear majority of Union citizens prefer having a good repaired rather than buying a new one1a, all consumers should have the means to have their goods repaired outside of the legal guarantee period. This would not only serve the Green Transition but support European businesses as well. In this regard, Member States should develop financial incentives to promote repair. In many Member States such measures already exist in the form of national repair funds or repair vouchers. In order to support the Member States further in promoting repair the Commission should consider proposing an amendment to the Council to extend the scope of point (19) of Annex III to Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax to other product categories, at least to those mentioned in Annex II to this Directive. This could create more coherence between the product categories foreseen in Annex II to this Directive and the Annex III of the Council Directive 2006/112/EC. This could enable all consumers to have their goods repaired rather than buying a replacement. 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. Member States should report to the Commission the measures taken, and the Commission should make the measures publicly available.

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1a See Flash Eurobarometer 388 report of June 2014 entitled ‘Attitudes of Europeans towards waste management and resource efficiency’

Amendment 21

Proposal for a directive

Recital 26 b (new)

Text proposed by the Commission

Amendment

(26b) 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.

(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 repairers and community-led repair initiatives, or by issuing a standardisation request to the European standardisation organisations. A European quality 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 22

~~(27a) The enforcement provisions set out in this Directive are without prejudice to Directive (EU)2020/1828.~~

Proposal for a directive

(28) In order to promote repair within the liability of the seller, to the benefit of consumers and the protection of the environment, Directive (EU) 2019/771 should be amended. The consumer remains entitled to choose between repair and replacement. However, the Directive introduces a new obligation to inform. In particular, the seller should inform the consumer about their right to choose between repair and replacement as well as the extension of the liability period if they choose repair, thus raising awareness about both alternatives and the advantage of choosing repair. This information requirement and the extension of the liability period should encourage sustainable consumption and contribute to a circular economy.

Recital 27

(28a) As a way to incentivise consumers to choose repair to bring goods into conformity within the liability of the seller, and therefore to promote repair, where the consumer chooses repair as the remedy to bring the goods into conformity, the liability period should be extended by twelve months, therefore adding it to the remaining liability period of the product. The extension should apply once. However, Member States can further incentivise repair by providing for additional extensions of the liability of the seller if repair takes place again. Member States can also introduce or maintain rules to extend the liability of the seller in case of repair for periods longer than twelve months. In line with Directive (EU) 2019/771, where the extension of the liability period applies, the seller should be liable for any lack of conformity which exists at the time when the goods were delivered and which becomes apparent within the remaining liability period of the product, which includes the extension. The extension of the liability period is without prejudice to consumers rights provided in Article 13(4) of Directive (EU) 2019/771. This Directive is without prejudice to Member States introducing or maintaining provisions which provide for a longer extension of the liability period only for repaired parts in accordance with Directive (EU) 2019/771. Taking into account the flexibility provided by Directive (EU) 2019/771, Member States which do not provide for fixed time limits for the liability of the seller or only provide a limitation period for the remedies should ensure that the liability of the seller in the event of repair is at least equivalent to two years and twelve months, corresponding to the minimum period of liability of the seller set in Article 10(1) of Directive (EU) 2019/771 and the minimum extension in the event of repair.

Text proposed by the Commission

(28b) To support consumers and incentivise repair, the seller could, depending on the specificities of the relevant product-category, loan the consumer a replacement product, if the repair will not be completed within a reasonable period of time or without significant inconvenience. This replacement good can also be a refurbished good. In any case, the replacement good temporarily loaned to the consumer should be without cost. Furthermore, the seller should still undertake the repair within a reasonable period of time. Providing a good on loan for the duration of the repair can avoid significant inconvenience to the consumer but it cannot justify an unreasonably long time period for repair. In case of replacement as a remedy and upon consumer's request, the seller could provide the consumer with a refurbished good.

Amendment

(29) In order to enable the enforcement of the rules set out in this Directive by means of representative actions, an amendment of Annex I to Directive (EU) 2020/1828 of the European Parliament and of the Council16 is necessary. For competent authorities designated by their Member States to cooperate and coordinate actions with each other and with the Commission in order to enforce compliance with the rules set out in this Directive, an amendment of the Annex to Regulation 2017/2394 of the European Parliament and of the Council17 is necessary.

(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.

(30) In order to allow economic operators to adapt, transitional provisions concerning the application of some Articles of this Directive should be introduced. The amendment to Directive (EU) 2019/771 should apply only to sales contracts concluded after [24 months after the entry into force] to ensure legal certainty and to provide sellers with sufficient time to adapt to the amended remedies of repair and replacement.

(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, 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.

(31) In accordance with the Joint Political Declaration of 28 September 2011 of Member States and the Commission on explanatory documents18, Member States have undertaken to accompany, in justified cases, the notification of their transposition measures with one or more documents explaining the relationship between the components of a directive and the corresponding parts of national transposition instruments. With regard to this Directive, the legislator considers the transmission of such documents to be justified.

Amendment 23

(32) Promoting the repair of goods purchased by consumers, with a view to contributing to the proper functioning of the internal market while providing for a high level of environmental and consumer protection, cannot be sufficiently achieved by the Member States. Emerging national mandatory rules promoting sustainable consumption by way of repair of defects outside the scope of Directive (EU) 2019/771 are likely to diverge and lead to fragmentation of the internal market. Member States may not amend the fully harmonised rules concerning defects within the liability of the seller set out in Directive (EU) 2019/771. The objective of this Directive can rather, by reason of its scale and effects, better be achieved at Union level through fully harmonised common rules promoting repair within and outside the liability of the seller established in Directive (EU) 2019/771. The Union may therefore adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary in order to achieve this objective.

Proposal for a directive

(33) This Directive respects the fundamental rights and freedoms and seeks to ensure full respect in particular for Articles 16, 26, 37, 38 and 47 of Charter of Fundamental Rights of the European Union. It contributes to an improvement of the quality of the environment in accordance with Article 37 of the Charter of Fundamental Rights of the European Union by promoting sustainable consumption of goods and thereby reducing negative environmental impacts from premature disposal of viable goods. This Directive ensures full respect for Article 38 on consumer protection by enhancing consumer rights relating to defects that occur or become apparent outside the liability of the seller pursuant to Article 10 of Directive (EU) 2019/771. It also ensures respect for the freedom to conduct a business in accordance with Article 16 of the Charter of Fundamental Rights of the European Union by safeguarding contractual freedom and encouraging the development of repair services in the internal market. This Directive contributes to the integration of persons with disabilities in accordance with Article 26 the Charter of Fundamental Rights of the European Union by facilitating accessibility to the online platform for persons with disabilities. This Directive seeks to ensure full respect for Article 47 on the right to an effective remedy and to a fair trial through effective means of enforcement.

Recital 28

~~HAVE ADOPTED THIS DIRECTIVE:~~

Text proposed by the Commission

~~Article 1~~

Amendment

~~Subject matter, purpose and scope~~

1. This Directive lays down common rules strengthening the provisions related to 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.

(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 factually or legally impossible. However, where the costs for replacement are higher than or equal to the costs of repair, the seller should always repair the goods, unless the repair would create significant inconvenience to the consumer. Situations where the repair would create significant inconvenience to the consumer should be considered on a case-by-case basis while taking into account the nature of the goods and the purpose for which the consumer required the goods. In that respect, the Court of Justice of the European Union has established that a significant inconvenience to the consumer could be understood as a burden that is likely to deter the average consumer from asserting his rights. In this context, this is especially the case where the consumer has a valid interest for non-interrupted use of the goods, and a temporary replacement cannot be provided or cannot be provided in good time or would not be adequate to the consumer's needs, thereby dissuading the consumer from repairing the goods. Significant inconvenience can also be assumed where the goods have already undergone repair measures to meet the conformity standards and the goods subsequently require repair after a short period of time due to a lack of conformity, thereby damaging confidence in the reparability of the goods and dissuading the consumer from exercising his right to repair. Furthermore, in situations where a repair does not lead to bringing the good in conformity, the principles established by Directive 2019/771 should apply. This should prevent situations where a consumer faces consecutive repairs for the same defect of the same good. Directive (EU) 2019/771 should therefore be amended accordingly.

2. This Directive shall apply to the repair of goods purchased by consumers in the event of a defect of the goods that occurs or becomes apparent outside the liability of the seller pursuant to Article 10 of Directive (EU) 2019/771.

Amendment 24

~~2a. Articles 5 and 6 shall only apply to goods for which and to the extent that reparability requirements are provided for by Union legal acts as listed in Annex II.~~

Proposal for a directive

~~Article 2~~

Recital 28 a (new)

~~Definitions~~

Text proposed by the Commission

~~For the purpose of this Directive, the following definitions apply:~~

Amendment

~~1. ‘consumer’ means a consumer as defined in Article 2, point (2) of Directive (EU) 2019/771;~~

(28a) To support consumers and incentivise repair, the seller should, depending on the specificities of the relevant product-category, loan the consumer a replacement product, if the repair was not completed within a reasonable period of time. This replacement product can also be a refurbished good but should be temporarily loaned to the consumer without cost. Furthermore, the seller should undertake the repair within a reasonable period of time.

2. ‘repairer’ means any natural or legal person who, related to that person’s trade, business, craft or profession, provides a repair service, including manufacturers and sellers that provide repair services and repair service providers whether independent or affiliated with such manufacturers or sellers;

Amendment 25

~~(2a) ‘repair’ means repair as defined in Article 2, point (20), of Regulation [on the Ecodesign for Sustainable Products];~~

Proposal for a directive

~~3. ‘seller’ means a seller as defined in Article 2, point (3) of Directive (EU) 2019/771;~~

Recital 28 b (new)

~~4. ‘manufacturer’ means ▌ manufacturer as defined in Article 2, point (42) of Regulation [on the Ecodesign for Sustainable Products];~~

Text proposed by the Commission

~~5. ‘authorised representative’ means authorised representative as defined in Article 2, point (43), of Regulation [on the Ecodesign for Sustainable Products];~~

Amendment

~~6. ‘importer’ means importer as defined in Article 2, point (44), of Regulation [on the Ecodesign for Sustainable Products];~~

(28b) Directive (EU) 2019/771 imposes an obligation on sellers to repair goods in the event of a lack of conformity existing at the time when the goods were delivered and which becomes apparent within the liability period. In order to promote repair within the liability period, once they choose repair as a remedy to bring a good into conformity, consumers should be able to benefit from an extended liability period of an additional one year starting from the moment their good is returned to them, repaired, provided that Member States have maintained or introduced time limits for the conformity of the original good in accordance with Article 10, paragraphs 1, 2 or 3 of that Directive. This extension of the legal guarantee period should only apply to the first repair under Directive (EU) 2019/771. Directive (EU) 2019/771 should therefore be amended accordingly.

~~7. ‘distributor’ means distributor as defined in Article 2, point (45), of Regulation [on the Ecodesign for Sustainable Product];~~

Amendment 26

~~8. ‘goods’ means goods as defined in Article 2, point (5), of Directive (EU) 2019/771 except water, gas and electricity;~~

Proposal for a directive

~~9. ‘refurbishment’ means refurbishment as defined in Article 2, point (18), of Regulation [on the Ecodesign for Sustainable Products];~~

Recital 28 c (new)

10. ‘reparability requirements’ means requirements under the Union legal acts listed in Annex II which enable a product to be repaired including requirements to improve its ease of disassembly, access to spare parts, and repair-related information and tools applicable to products or specific components of products;

Text proposed by the Commission

~~(10a) ‘durable medium’ means durable medium as defined in Article 2, point (11), of Directive (EU) 2019/771.~~

Amendment

~~Article 3~~

(28c) Consumers choosing repair as the remedy to have the goods brought in conformity should be allowed to choose between the seller or the producer to have the goods being brought into conformity. When consumers choose that the product should be brought into conformity by the producer, a direct producer liability should be established for the repair of products. In such a case, the producer should repair the product to remedy the non-conformity. Producers should try to react swiftly with their assessment if the product can be repaired. If repair is impossible the producer should assess the situation and solve it in a convenient way for the consumer, for instance by getting in touch with the initial seller and the consumer. To avoid the same repair for the same defect by the seller in such a case, the seller should be discharged from his liability for that defect and once successfully repaired by the producer, the good should be regarded as being in conformity. No other rights of the consumer under Directive (EU) 2019/771 should be affected by this producer liability in case of repair as remedy to a non-conformity.

~~Level of harmonisation~~

Amendment 27

~~Member States shall not maintain or introduce in their national law provisions diverging from those laid down in this Directive.~~

Proposal for a directive

~~Article 4~~

Recital 28 d (new)

~~European Repair Information Form~~

Text proposed by the Commission

1. Repairers may provide the consumer with the European Repair Information Form set out in Annex I to this Directive. The European Repair Information Form shall be provided on a durable medium and within a reasonable period of time from the request and before the consumer is bound by a contract for the provision of repair services.

Amendment

▌

(28d) In order to incentivise consumers to opt for repair, the commercial guarantee should not contain any terms that would discourage consumers from making use of its right to repair a good that is not in conformity.

~~2a. The European Repair Information Form shall be provided free of charge.~~

Amendment 28

3. By way of derogation from paragraph 2a, where a diagnostic service, including a physical or remote examination, is needed to identify the nature of the defect, the type of repair and to estimate the price of repair, the repairer may request the consumer to pay the necessary costs for this service.

Proposal for a directive

~~Without prejudice to Directive 2011/83/EU, the repairer shall inform the consumer about the costs ▌ of the diagnostic service.~~

Recital 30

~~4. The European Repair Information Form shall specify the following conditions of repair in a clear and comprehensible manner:~~

Text proposed by the Commission

~~(a) the identity of the repairer;~~

Amendment

(b) the geographical address at which the repairer is established as well as the repairer’s telephone number and email address and, if available, other means of online communication which enable the consumer to contact, and communicate with, the repairer in a quick, efficient and accessible manner;

(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 [24 months after the entry into force]. The amendment to Directive (EU) 2019/771 should apply only to sales contracts concluded after [24 months after the entry into force] to ensure legal certainty and to provide sellers with sufficient time to adapt to the amended remedies of repair and replacement.

~~(c) the good to be repaired;~~

(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 [18 months after the entry into force]. The amendment to Directive (EU) 2019/771 should apply only to sales contracts concluded after [18 months after the entry into force] to ensure legal certainty and to provide sellers with sufficient time to adapt to the amended remedies of repair and replacement.

~~(d) the nature of the defect and the type of repair suggested;~~

Amendment 29

Proposal for a directive

Article 1 – paragraph 1

Text proposed by the Commission

Amendment

1. This Directive lays down common 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.

1. This Directive lays down common rules strengthening the right to repair of goods for consumers, with a view to contributing to the proper functioning of the internal market, while providing for a high level of consumer and environmental protection.

Amendment 30

Proposal for a directive

Article 2 – paragraph 1 – point 1 a (new)

Text proposed by the Commission

Amendment

1a. ‘repair’ means returning a defective product or waste to a condition where it fulfils its intended use;

Amendment 31

Proposal for a directive

Article 2 – paragraph 1 – point 2

Text proposed by the Commission

Amendment

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 32

Proposal for a directive

Article 2 – paragraph 1 – point 2 a (new)

Text proposed by the Commission

Amendment

2a. ‘independent operator’ means a natural or legal person, other than an authorised representative, seller or repairer, who is directly or indirectly involved in the repair and maintenance of the good, 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 33

Proposal for a directive

Article 2 – paragraph 1 – point 6 a (new)

Text proposed by the Commission

Amendment

6a. ‘fulfilment service provider’ means any natural or legal person offering, in the course of commercial activity, at least two of the following services: warehousing, packaging, addressing and dispatching of a product, without having ownership of the product, with the exception of ‘postal services’ as defined in Article 2, point (1), of Directive 97/67/EC of the European Parliament and of the Council1a, of ‘parcel delivery services’ as defined in Article 2, point (2), of Regulation (EU) 2018/644 of the European Parliament and of the Council1b, and of any other postal services or freight transport services;

__________________

1a Directive 97/67/EC of the European Parliament and of the Council of 15 December 1997 on common rules for the development of the internal market of Community postal services and the improvement of quality of service (OJ L 15, 21.1.1998, p. 14).

1bRegulation (EU) 2018/644 of the European Parliament and of the Council of 18 April 2018 on cross-border parcel delivery services (OJ L 112, 2.5.2018, p. 19).

Amendment 34

Proposal for a directive

Article 4 – paragraph 1

Text proposed by the Commission

Amendment

1. Member States shall ensure that, before a consumer is bound by a contract for the provision of repair services, the repairer shall provide the consumer, upon request, with 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.

1. Repairers may provide the consumer, with the European Repair Information Form set out in Annex I to this Directive on a durable medium within the meaning of Article 2 (11) of Directive 2019/771/EU. In such cases, producers or the relevant economic operator under Article 5 of this Directive shall provide the repairer in a clear manner with information necessary for the repairer to complete the European Repair Information Form.

Amendment 35

Proposal for a directive

Article 4 – paragraph 2

Text proposed by the Commission

Amendment

2. Repairers other than those obliged to repair by virtue of Article 5 shall not be obliged to provide the European Repair Information Form where they do not intend to provide the repair service.

deleted

Amendment 36

Proposal for a directive

Article 4 – paragraph 3 – subparagraph 1

Text proposed by the Commission

Amendment

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 including an on-site assessment 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 37

Proposal for a directive

Article 4 – paragraph 4 – point e

Text proposed by the Commission

Amendment

(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 for the repair;

~~(f) the ▌ time needed to complete the repair;~~

(e) the maximum price expected for the repair including but not limited to costs for spare parts, labour costs, costs for the freight, delivery or postal charges or, if either the total price or any of its subparts cannot reasonably be calculated in advance, the manner in which the price is to be calculated;

~~(g) the availability of temporary replacement goods during the time of repair and the costs of temporary replacement, if any, for the consumer;~~

Amendment 38

~~(h) the place where the consumer hands over the goods for repair,~~

Proposal for a directive

(i) where applicable, the availability of ancillary services, such as removal, installation and transportation, offered by the repairer and the detailed costs of those services, if any, for the consumer;

Article 4 – paragraph 4 – point i a (new)

~~(ia) the period of validity of the European Repair Information Form;~~

Text proposed by the Commission

~~(ib) where applicable, additional information.~~

Amendment

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. The repairer and the consumer may agree on a longer period of validity of the European Repair Information Form. Where the consumer accepts the conditions set in the European Repair Information Form within the period of validity, the repairer shall be obliged to perform the repair service under those conditions.

(i a) additional information provided voluntarily by the repairer.

~~6. Where the repairer has supplied a complete and accurate European Repair Information Form to the consumer, it shall be deemed to have complied with the following requirements:~~

Amendment 39

(a) information requirements regarding the main features of the repair service laid down in Article 5(1) point (a), and Article 6(1), point a of Directive 2011/83/EU and Article 22(1), point (j), of Directive 2006/123/EC;

Proposal for a directive

(b) information requirements regarding the repairer’s identity and contact information laid down in Article 5(1), point (b), and Article (6)(1), points (b) and (c), of Directive 2011/83/EU, Article 22(1), point (a), of Directive 2006/123/EC and Article 5(1), points (a), (b) and (c), of Directive 2000/31/EC;

Article 5 – paragraph 1

(c) information requirements regarding the price laid down in Articles 5(1), point (c), and Article 6(1), point (e), of Directive 2011/83/EU and Article 22(1), point (i) and (3), point (a), of Directive 2006/123/EC;

Text proposed by the Commission

(d) information requirements regarding the arrangements for the performance and the time to perform the repair service laid down in Articles 5(1), point (d), and Article 6(1), point (g), of Directive 2011/83/EU.

Amendment

~~Article 5~~

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.

~~Obligation to repair ▌~~

1. Member States shall ensure that upon the consumer’s request, the producer shall repair, goods which are listed in Annex II, whether or not reparability requirements for those goods are provided for by Union legal acts. The producer shall not be obliged to repair such goods where repair is factually or legally impossible. The producer shall not refuse the consumer’s request purely due to economic considerations such as the costs. The producer may sub-contract repair in order to fulfil its obligation to repair. In such cases, the producer shall provide the repairer with all relevant information to allow the repairer to fulfil his obligations.

1. Member States shall ensure that upon the consumer’s request, the manufacturer shall repair ▌ goods for which and to the extent that reparability requirements are provided for by Union legal acts as listed in Annex II. The manufacturer shall not be obliged to repair such goods where repair is impossible. The manufacturer may sub-contract repair in order to fulfil its obligation to repair.

Amendment 40

Proposal for a directive

Article 5 – paragraph 1 a (new)

Text proposed by the Commission

Amendment

1a. The repair pursuant to paragraph 1 shall be carried out subject to the following conditions:

~~(a)~~a) it shall be carried out either free of charge or ~~for~~in areturn ~~reasonable~~for ~~price;~~consideration;

~~(b)~~b) it shall be carried out within a reasonable ~~period of~~ time from the moment the ~~manufacturer~~producer has physical possession of the good, has received the good or has been given access to the good by the consumer;

~~(c)~~c) the ~~manufacturer~~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

~~(d)~~d) in cases where the repair is factually or legally impossible, the ~~manufacturer~~producer may ~~offer~~provide the consumer with a refurbished ~~product.~~product that shall upon acceptance by the consumer discharge the producer from the repair obligation under this Article.

2. Where the manufacturer obliged to repair pursuant to paragraph 1 is established outside the Union, its authorised representative in the Union shall perform the obligation of the manufacturer. Where the manufacturer has no authorised representative in the Union, the importer of the good concerned shall perform the obligation of the manufacturer. Where there is no importer, the distributor of the good concerned shall perform the obligation of the manufacturer. The authorised representative, importer and distributor may sub-contract repair in order to fulfil their obligation to repair.

Amendment 41

~~3. Manufacturers that make spare parts and tools available for goods listed in Annex II shall offer these spare parts and tools at a reasonable price that does not deter repair.~~

Proposal for a directive

3a. Manufacturers, or where applicable, authorised representatives, importers or distributors who have an obligation to repair pursuant to this Article shall ensure that consumers can access via a free access website information on the indicative prices that are charged for typical repair of goods listed in Annex II.

Article 5 – paragraph 2

3b. Manufacturers shall not use any contractual clauses, hardware or software techniques that impede the repair of goods listed in Annex II unless justified by legitimate and objective factors including the protection of intellectual property rights under Union and national legal acts. Manufacturers shall, in particular, 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 such as requirements on product safety or in compliance with intellectual property. This paragraph is without prejudice to the specific requirements of the measures listed in Annex II and without prejudice to Union and national legal acts providing for the protection of intellectual property rights.

Text proposed by the Commission

~~3c. Manufacturers shall not refuse to repair the goods listed in Annex II for the sole reason that a previous repair has been performed by other repairers or by other persons.~~

Amendment

~~3d. Without prejudice to the obligation to repair under this article, consumers may seek repair from any repairer of their choice.~~

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.

4. The Commission shall 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 regulatory developments. The Commission shall adopt such delegated acts without undue delay after publication of the respective Union legal act, but at the latest 12 months after such publication.

2. Where the producer obliged to repair pursuant to paragraph 1 is established outside the Union, it shall appoint, by written mandate, an authorised representative to ensure compliance with this Directive. It shall ensure that its authorised representative has the resources and the mandate to fulfil the obligations set out in this Directive

~~Article 6~~

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 fulfilment service provider of the good concerned shall perform the obligation of the producer. Where there is no fulfilment service provider, the distributor of the good concerned shall perform the obligation of the producer.

~~Information on obligation to repair ▌~~

Amendment 42

Member States shall ensure that the manufacturer or, where applicable, the authorised representative, importer or distributor make available, at least for the entire duration of their obligation to repair pursuant to Article 5, information on their repair services free of charge in an easily accessible, clear and comprehensible manner ▌ .

Proposal for a directive

~~Article 7~~

Article 5 – paragraph 3

~~European Online Platform for repair ▌~~

Text proposed by the Commission

-1. A European online platform for repair shall 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 consists of the national sections that use the common online interface and includes links to the national repair platforms referred to in paragraph -1b.

Amendment

-1a. By [36 months after the entry into force] the Commission shall develop the common online interface for the European online platform, which shall comply with the requirements set out in paragraph 1 and be available in all official EU languages. The Commission shall thereafter ensure the technical maintenance of the common interface of the European online platform.

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.

-1b. Member States shall use the common online interface referred to in paragraph -1a for their national sections. However, Member States which have a national repair online platform, whether public or private, that covers their entire territory, and complies with the provisions set out in paragraph 1 are not obliged to establish a national section on the European online platform. Instead, the European online platform shall include links to such national platforms. Member States shall ensure that their national platforms are operational by [36 months after entry into force of this Directive].

3. For all goods listed in Annex II to this Directive, producers shall 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. Access to diagnostic tools shall be provided subject to applicable rules on the protection of trade secrets as defined in Article 2 point 1 of Directive (EU) 2016/943.

-1c. Member States may extend the scope of their national section on the European online platform or, where applicable, their national platform referred to in paragraph -1b 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.

Amendment 43

-1d. The use of national sections and national platforms in the European online platform shall be free of charge for consumers. The registration shall be voluntary for repairers and, where applicable, sellers of goods that have been subject to refurbishment and purchasers of defective goods for refurbishment or community-led repair initiatives.

Proposal for a directive

~~1. The national sections that use the common online interface and the national repair platforms referred to in paragraph -1b shall:~~

Article 5 – paragraph 3 a (new)

(a) include search functions regarding goods, location of repair services, including a map based function, the cross-border provision of services, repair conditions, including the time needed to complete the repair, the availability of temporary replacement goods and the place where the consumer hands over the goods for repair, availability and conditions of ancillary services, including removal, installation and transportation, offered by repairers, and applicable European or national repair quality standards;

Text proposed by the Commission

~~(aa) where applicable, include a search function to find sellers of goods that have been subject to refurbishment, purchasers of defective goods for refurbishment or community-led repair initiatives;~~

Amendment

~~(b) enable consumers to request the European Repair Information Form via the platform from repairers offering it;~~

3a. Producers shall 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.

~~(c) allow for regular updates of contact information and services by repairers;~~

Amendment 44

~~(d) allow repairers to indicate their adherence to applicable European or national quality standards;~~

Proposal for a directive

~~(e) enable accessibility through national websites connected to the Single Digital Gateway established by Regulation (EU) 2018/1724.~~

Article 5 – paragraph 3 b (new)

~~(f) ensure accessibility for persons with disabilities~~

Text proposed by the Commission

(fa) provide contact forms for users to report technical issues related to the functioning of the platform as well as inaccuracies concerning the information provided by repairers and, where applicable, of sellers of goods that have been subject to refurbishment, purchasers of defective goods for refurbishment or community-led repair initiatives; and

Amendment

~~1a. The European online platform shall allow for collection of non-personal data regarding the functioning of the national section.~~

3b. Producers shall 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.

▌

Amendment 45

▌

Proposal for a directive

3c. Member States and the Commission shall take appropriate measures to inform consumers, relevant economic operators and sellers about the availability of the European online platform established pursuant to paragraph -1 of this Article.

Article 5 – paragraph 3 c (new)

Text proposed by the Commission

Amendment

3c. 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 46

Proposal for a directive

Article 5 – paragraph 4

Text proposed by the Commission

Amendment

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.

4. The Commission is empowered to adopt delegated acts in accordance with Article 15 to amend Annex II by adding new reparable goods to the list in the light of legislative or market developments.

Amendment 47

Proposal for a directive

Article 6 – paragraph 1

Text proposed by the Commission

Amendment

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, for example through the online platform referred to in Article 7.

Member States shall ensure that producers or sellers inform consumers of their obligation to repair pursuant to Article 5 and provide information on the repair services free of charge, in an easily accessible, clear and comprehensible manner, for example through the online platform referred to in Article 7, their relevant websites or at the point of sale.

Amendment 48

Proposal for a directive

Article 7 – paragraph 1 – introductory part

Text proposed by the Commission

Amendment

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

1. Member States shall ensure that at least one online platform exists for their territory. Member States shall particularly promote private initiatives aimed at establishing such online platforms. Such online platforms shall allow consumers to easily find repairers, including repair led-communities and repair cafés and shall:

Amendment 49

Proposal for a directive

Article 7 – paragraph 1 – point a

Text proposed by the Commission

Amendment

(a) include search functions regarding goods, location of repair services, repair conditions, including the time needed to complete the repair, the availability of temporary replacement goods and the place where the consumer hands over the goods for repair, availability and conditions of ancillary services, including removal, installation and transportation, offered by repairers, and applicable European or national quality standards;

(a) include search functions regarding goods, location of repair services, including a map based function, the 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 ancillary services, including removal, installation and transportation, offered by repairers, and applicable European or national quality standards;

Amendment 50

Proposal for a directive

Article 7 – paragraph 1 – point c a (new)

Text proposed by the Commission

Amendment

(ca) inform consumers about applicable financial and fiscal incentives to lower costs of repair;

Amendment 51

Proposal for a directive

Article 7 – paragraph 1 – point d a (new)

Text proposed by the Commission

Amendment

(da) allow for consumers to provide a review or rating, reflect the quality of repairers’ work;

Amendment 52

Proposal for a directive

Article 7 – paragraph 1 – subparagraph 1 a (new)

Text proposed by the Commission

Amendment

Whenever there is at least one platform in the territory of a Member State in private ownership that meets the requirements listed in the first subparagraph, the obligation in that subparagraph is deemed to be fulfilled by the respective Member State.

Amendment 53

Proposal for a directive

Article 7 – paragraph 3

Text proposed by the Commission

Amendment

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.

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.

Amendment 54

Proposal for a directive

Article 7 – paragraph 3 a (new)

Text proposed by the Commission

Amendment

3a. Member States shall ensure that online platforms are accessible, and ensure that the information provided is up-to-date, and presented in a consumer-friendly manner.

Amendment 55

Proposal for a directive

Article 7 – paragraph 3 b (new)

Text proposed by the Commission

Amendment

3b. Member States shall communicate to the Commission the link of existing online platforms for repair in their territory by ... [12 months after entry into force of this Directive] and the link of every new online platform for repair within 14 working days of their launch. The Commission shall keep a publicly available, easily accessible and machine-readable database of online platforms for repair registered within the Member States.

Amendment 56

Proposal for a directive

Article 7 – paragraph 3 c (new)

Text proposed by the Commission

Amendment

3c. Member States and the Commission shall take appropriate measures to inform consumers, relevant economic operators and sellers about the availability of online platforms established pursuant to paragraph1 of this Article and that consumers have easy access to it.

Amendment 57

Proposal for a directive

Article 7 – paragraph 3 d (new)

Text proposed by the Commission

Amendment

3d. The relevant economic operator or an online platform that allows consumers to conclude distance contracts should provide consumers with information on the availability of online platforms, established pursuant to paragraph 1 of this Article, in their territory.

Amendment 58

Proposal for a directive

Article 7 a (new)

Text proposed by the Commission

Amendment

Article 7a

~~Expert Group~~

The Commission shall establish an expert group composed of representatives of all Member States and chaired by a representative of the Commission. The tasks of the expert group shall be to advise the Commission with regard to the design and functioning of the European Online Platform and its national sections.

~~Article 7b~~

~~National contact points~~

~~1. By [24 months after the entry into force of this Directive] Member States shall inform the Commission about either:~~

~~(a) the national contact point that they have designated for the European Online Platform; or~~

~~(b) the national platforms that they have established or will establish in accordance with Article 7, paragraph -1b.~~

2. By [24 months after the entry into force of this Directive] Member States using the national sections of the European online platform may adopt conditions, in accordance with Union law, on the access to their national section for repairers and, where applicable, sellers of goods that have been subject to refurbishment, purchasers of defective goods for refurbishment or community-led repair initiatives. Such conditions may, in particular, provide for prior approval of the registration on the national section by the national contact point or for requirements for professional qualifications. Such Member States shall inform the Commission of any access conditions adopted by 24 months after the entry into force of this Directive at the latest.

3. Member States using the national sections of the European online platform and applying the conditions referred to in paragraph 2 shall ensure that their national section is operational within 6 months from the date the Commission delivers the common online interface provided for in Article 7 paragraph -1a.

~~4. The national contact point shall be responsible for the following tasks:~~

(a) providing access to their national section for registration to repairers and, where applicable, sellers of goods that have been subject to refurbishment, purchasers of defective goods for refurbishment or community-led repair initiatives;

~~(b) ensuring compliance with any access conditions set by Member States pursuant to paragraph 2; and~~

~~(c) assisting the Commission with the operation of the national sections of the European Online Platform.~~

~~Article 7c~~

Measures for Micro, Small and Medium-sized enterprises (SMEs)

~~Where appropriate,~~1. ~~the~~Member ~~Commission~~States shall ~~adopt~~take ~~guidelines~~appropriate tomeasures ~~support,~~to ~~especially~~support micro, 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:

~~Article 8~~

a) guidelines or similar measures to raise awareness on how to comply with the requirements and obligations set out in this Directive;

~~Enforcement~~

b) tailored trainings for entrepreneurs and their employees.

~~1. Member States shall ensure that adequate and effective means exist to ensure compliance with this Directive.~~

Amendment 59

2. The means referred to in paragraph 1 shall include provisions allowing one or more of the following bodies, as determined by national law, to take action under national law before the courts or competent administrative bodies of the Member State to ensure that the national provisions transposing this Directive are applied:

Proposal for a directive

~~(a) public bodies or their representatives;~~

Article 9 a (new)

~~(b) organisations having a legitimate interest in protecting consumers or the environment;~~

Text proposed by the Commission

~~(c) professional organisations having a legitimate interest in acting.~~

Amendment

~~Article 9~~

~~Consumer information~~

Member States shall take appropriate measures to ensure that information on the rights of consumers under this Directive, and on the means to enforce those rights, are available to consumers, including on national websites connected to the Single Digital Gateway established by Regulation (EU) 2018/1724.

Article 9a

Member States measures promoting repair

1. Member States shall take ~~at least one~~appropriate ~~measure~~measures promoting repair.

3. Member States shall notify to the Commission one or more measures taken under paragraph 1, 3 years after the date of transposition of this Directive referred to in paragraph 1 of Art 17. The Commission shall make information on the measures notified by the Member States publicly available.

2. The measures referred to in paragraph 1 may, for example, take the form of repair vouchers, national repair funds or other actions and incentives.

~~4. This Directive shall be without prejudice to Directive (EU) 2018/958.~~

3. Member States shall report to the Commission the measures taken under paragraph 1. By ... [12 months after the date of transposition of this Directive], the Commission shall make those measures publicly available. Member States shall report to the Commission on the applicable measures by...[ 12 months after the date of transposition of this Directive].

~~Article 10~~

4. Member States shall ensure that the fundamental freedoms to provide services and of establishment as enshrined in the Treaties apply to providers of repair services, including in line with Directive (EU) 2018/958, as applicable. Furthermore, Member States shall not introduce in their national laws unjustified qualification requirements for professional repair services nor shall conduct checks, inspections or investigations which are unjustified in the light of those fundamental freedoms.

~~Mandatory nature~~

5. Member states shall ensure that the provider of a repair shall 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.

1. Unless otherwise provided in this Directive, any contractual agreement which, to the detriment of the consumer, excludes the application of national measures transposing this Directive, derogates from them, or varies their effect, shall not be binding on the consumer.

6. Member States shall ban practices that impede consumers to exert their right to repair, including but not limited to:

~~2. This Directive shall not prevent the repairer from offering to the consumer contractual arrangements that go beyond the protection provided for in this Directive.~~

(a) banning practices that induce 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;

~~Article 11~~

(b) prohibiting any contractual, hardware or software technique that could prevent or limit repair and prohibit the refusal to repair a good that has been previously repaired by an independent repairer, non-professional repairer or end-user.

~~Penalties~~

Amendment 60

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.

Proposal for a directive

2. Member States shall, by 24 months from the entry into force notify the Commission of the rules and of the measures referred to in paragraph 1 and shall notify it without delay of any subsequent amendment affecting them.

Article 10 – paragraph 2 – subparagraph 1 a (new)

~~Article 12~~

Text proposed by the Commission

~~Amendment to Directive (EU) 2019/771~~

Amendment

Member States shall 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 shall 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.

Amendment 61

Proposal for a directive

Article 11 – paragraph 1 a (new)

Text proposed by the Commission

Amendment

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) the financial capabilities and the size of the concerned enterprise;

(d) any previous infringements by the seller or producer;

(e) the financial benefits gained or losses avoided by the seller or producer due to the infringement, if the relevant data are available;

(f) penalties imposed on the seller or producer 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;

(g) any other aggravating or mitigating factors applicable to the circumstances of the case.

Amendment 62

Proposal for a directive

Article 11 – paragraph 1 b (new)

Text proposed by the Commission

Amendment

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 seller’s or producer’s annual turnover in the Member State or Member States concerned.

Amendment 63

Proposal for a directive

Article 11 – paragraph 1 c (new)

Text proposed by the Commission

Amendment

1c. For cases where a fine is to be imposed in accordance with paragraph 1b, but information on the seller’s or producer’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 64

Proposal for a directive

Article 11 – paragraph 2

Text proposed by the Commission

Amendment

2. Member States shall, by 24 months from the entry into force notify the Commission of the rules and of the measures referred to in paragraph 1and shall notify it without delay of any subsequent amendment affecting them.

2. Member States shall, by 18 months from the entry into force notify the Commission of the rules and of the measures referred to in paragraph 1 and shall notify it without delay of any subsequent amendment affecting them.

Amendment 65

Proposal for a directive

Article 12 – paragraph 1 – point -1 (new)

Directive (EU) 2019/771

Article 7 – paragraph 1 – point d

Present text

Amendment

Directive (EU) 2019/771 is amended as follows:

~~(1)~~(-1) In Article 7(1), point (d) is replaced by the following:

~~‘(d)~~(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.’’~~labelling.

~~(2) Article 10 is amended as follows:~~

‘(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.’

~~(a) The following paragraph 2a is inserted:~~

Amendment 66

~~‘ 2a. Where, in accordance with Article 13, paragraph 2, repair takes place as the remedy to bring the goods into conformity, the liability period shall be extended once by twelve months.’~~

Proposal for a directive

~~(b) The paragraph 3 is replaced by the following:~~

Article 12 – paragraph 1 – point 1 – point a (new)

~~‘ 3. Member States may maintain or introduce longer time limits than those referred to in paragraphs 1, 2 and 2a.’~~

Directive (EU) 2019/771

~~(c) the following paragraph 5a is inserted:~~

Article 13 – paragraph 2 – subparagraph 2 (new)

‘ 5a. Member States which, where in accordance with paragraph 3 or paragraph 5, do not provide for fixed time limits for the liability of the seller or only provide a limitation period for the remedies, may derogate from paragraph 2a as long as they ensure that the liability of the seller or the limitation period for remedies in the event of repair is at least equivalent to three years.’

Text proposed by the Commission

~~(3) In Article 13(2) of Directive (EU) 2019/771 the following paragraph is added:~~

Amendment

▌

(1) Article 13 is amended as follows:

▌

In Article 13(2) of Directive (EU) 2019/771 the following sentence is added:

2a. Before the seller provides the remedy to bring the goods into conformity, the seller shall inform the consumer about their right to choose between repair and replacement as well as the possible extension of the liability period, foreseen in Article 10 paragraph 2a.

(a) In paragraph (2) the following subparagraph is added:

~~(4) Article 14 is amended as follows:~~

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.

~~Paragraph 1 is replaced by the following:~~

‘By way of derogation from the first subparagraph, 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, unless the repair is factually or legally impossible or would create significant inconvenience to the consumer.’

Amendment 67

Proposal for a directive

Article 12 – paragraph 1– point 1 – point b (new)

Directive (EU) 2019/771

Article 13 – paragraph 3 a (new)

Text proposed by the Commission

Amendment

(b) the following paragraph is inserted:

‘3a. In the event that the consumer chooses for repair as the remedy to have the goods brought into conformity, the consumer may also directly request the producer to bring the goods into conformity. A fulfilment of this request by the producer is deemed to discharge the seller from its liability pursuant to Article 10.

Amendment 68

Proposal for a directive

Article 12 – paragraph 1 – point 1– point c (new)

Directive (EU) 2019/771

Article 13 – paragraph 4 a (new )

Present text

Amendment

''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 1 year after that time provided that Member States have maintained or introduced time limits for the conformity of the original good in accordance with Article 10, paragraphs 1, 2 or 3. 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 69

Proposal for a directive

Article 12 – paragraph 1– point 1 a (new) – point a (new)

Directive (EU) 2019/771

Article 14 – paragraph 1

Present text

Amendment

(1a) Article 14 is amended as follows:

(a) paragraph 1 is replaced by the following:

1. Repairs or replacements shall be carried out:

“1. Repairs 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;~~

(a) free of charge;

~~(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;~~

(b) within a reasonable period of time from the moment the seller has been informed by the consumer about the lack of conformity; and

(ca) during repair, depending on the specificities of the relevant category of goods, in particular of the need of the consumer to have such goods permanently available, the seller may provide the consumer free of charge with a replacement good, including a refurbished good, on loan; and

(b) within a reasonable period of time from the moment the seller has been informed by the consumer about the repair;

~~(cb) the seller may provide, upon the explicit request by the consumer, a refurbished good to fulfil his obligation to replace the good.~~

(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.

~~Article 13~~

(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

~~Amendment to Directive (EU) 2020/1828~~

(ca) depending on the specificities of the relevant product-category, in particular of its permanent availability for the consumer, the seller shall provide the consumer free of charge with a replacement good, including a refurbished good on loan if the repair cannot be completed during the period referred to in point b).

~~In Annex I to Directive (EU) 2020/1828, point 68 is added:~~

Amendment 70

‘68. Directive (EU) xx/xx of the European Parliament and of the Council of x on common rules promoting the repair of goods and amending Regulation (EU) 2017/2394, Directives (EU) 2019/771 and (EU) 2020/1828 (OJ L xx).’

Proposal for a directive

~~Article 14~~

Article 12 – paragraph 1– point 1 a (new) – point b (new)

~~Amendment to Regulation (EU) 2017/2394~~

Directive (EU) 2019/771

~~In the Annex to Regulation (EU) 2017/2394, the following point 27 is added:~~

Article 14 – paragraph 1 a (new)

‘27. Directive (EU) xx/xx of the European Parliament and of the Council of x on common rules promoting the repair of goods and amending Regulation (EU) 2017/2394, Directives (EU) 2019/771 and (EU) 2020/1828 (OJ L xx) .’

Present text

Amendment

(b) 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 has required the goods.

d) upon the explicit request by the consumer, by offering a refurbished good”

Amendment 71

Proposal for a directive

Article 12 – paragraph 1 – point 1 a (new) – point c (new)

Directive (EU) 2019/771

Article 14 – paragraph 4 a (new)

Present text

Amendment

“4a. In the event that the consumer decides, pursuant to Article 13(3a), that the producer shall bring the goods in conformity by means of repair, the producer shall be considered to be the seller for the purpose of this Article.”

Amendment 72

Proposal for a directive

Article 12 – paragraph 1 – point 1 b (new)

Directive (EU) 2019/771

Article 17 – paragraph 1 a (new)

Present text

Amendment

(1b) In Article 17 the following paragraph is inserted:

“1a. The commercial guarantee is without prejudice to the consumer’s right pursuant to Article 13(3a) to choose for the producer to repair a good that is not in conformity. Any terms of the commercial guarantee that discourage the consumer from making use of its right pursuant to Article 13(3a) are deemed to be void.”

Amendment 73

Proposal for a directive

Article 14 a (new)

Text proposed by the Commission

Amendment

Article 14a

~~Reporting by the Commission and review~~

Evaluation report

1. By [7[5 years after the entry into force of this Directive], the Commission shall ~~submit a report~~carry onout ~~the~~an ~~application~~evaluation of this ~~Directive. The report~~Directive ~~shall~~and assess ~~Directive’s~~its contribution, and in particular of Articles 55, 9a and 1212, to ~~promoting~~the ~~repair~~proper infunctioning of the internal market, ~~including~~ the ~~repair of goods subject to reparability requirements~~high ~~outside~~level ~~the~~of ~~legal~~consumer ~~guarantee~~protection and the ~~consumers’ choice~~improvement ~~for~~of ~~repair~~the ~~within~~environmental ~~the~~sustainability ~~legal~~of ~~guarantee~~products, as well as ~~its~~their impact on ~~businesses~~businesses, in particular micro, small and ~~consumers.~~medium enterprises.

1a. The report shall also assess the effectiveness of incentives to opt for repair including the extension of the legal guarantee, the need for promoting commercial guarantees on repair services as well as the necessity of setting out rules for liability of repairers for repair.

With regards to Article 7 it shall evaluate and assess the effectiveness of online platforms for repair based on data from individual Member States, containing information on the number of active repair service providers, consumers and the number of transactions performed.

1b. With regards to Article 7 it shall assess the effectiveness of the European online platform for repair based on information on the number of active repair service providers, and the number of consumers that accessed the platform.

2. The Commission shall draw up a report on the main findings and submit it 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.

3. The report shall be accompanied, where appropriate, by a legislative proposal.

4. The necessary level of harmonisation required to ensure a level-playing field for companies in the internal market including the convergence and divergence between national laws of the Member States transposing this Directive, in particular regarding the liability periods, shall be assessed in the context of the review foreseen in Article 25 of Directive EU 2019/771.

Amendment 74

~~Article 15~~

Proposal for a directive

~~Exercise of the delegation~~

Article 16 – paragraph 1

~~1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.~~

Text proposed by the Commission

2. The power to adopt delegated acts referred to in Article 5(4) shall be conferred on the Commission for a period of six years from [one month after the entry into force of this act]. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the six-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.

Amendment

3. The delegation of power referred to in Article 5(4) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect on the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.

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 [24 months after the entry into force].

4. Before adopting a delegated act, the Commission shall consult experts designated by each Member State acting in accordance with the principles laid down in the Inter-institutional Agreement of 13 April 2016 on Better Law-Making.

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 [18 months after the entry into force].

~~5. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.~~

Amendment 75

6. A delegated act adopted pursuant to Article 5(4) shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.

Proposal for a directive

Article 16 – paragraph 2

~~Transitional provisions~~

Text proposed by the Commission

▌

Amendment

▌2. Article 12 of this Directive shall not apply to sales contracts concluded before [24 months after the entry into force]

~~Article 17~~

2. Article 12 of this Directive shall not apply to sales contracts concluded before [18 months after the entry into force]

~~Transposition~~

Amendment 76

1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by [24 months from the entry into force] at the latest. They shall immediately inform the Commission thereof.

Proposal for a directive

When Member States adopt those measures, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. The methods of making such reference shall be laid down by Member States.

Article 17 – paragraph 1 – subparagraph 1

Text proposed by the Commission

Amendment

Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by [24 months from the entry into force] at the latest. They shall immediately inform the Commission thereof.

Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by [18 months from the entry into force] at the latest. They shall immediately inform the Commission thereof.

Amendment 77

Proposal for a directive

Article 17 – paragraph 1 – subparagraph 3

Text proposed by the Commission

Amendment

Member States shall apply those measures from [24 months from the entry into force].

2. Member States shall communicate to the Commission the text of the main provisions in national law which they adopt in the field covered by this Directive and the national online platforms on repair and goods subject to refurbishment established in accordance with this Directive.

Member States shall apply those measures from [18 months from the entry into force].

~~Article 18~~

Amendment 78

~~Entry into force~~

Proposal for a directive

~~This Directive shall enter into force on the twentieth day following its publication in the Official Journal of the European Union.~~

Annex I – part 2 – table – line 4

~~Article 19~~

Text proposed by the Commission

~~Addressees~~

Amendment

~~This Directive is addressed to the Member States.~~

~~Done at Brussels,~~

~~For the European Parliament For the Council~~

~~The President The President~~

~~Annex I~~

~~EUROPEAN REPAIR INFORMATION FORM~~

~~Part I 1. Identity and contact details of the repairer providing the repair service~~

~~Repairer~~

~~[Identity]~~

~~Address~~

~~[Geographical address to be used by the consumer]~~

~~Telephone number~~

~~Email address~~

~~If provided by the repairer, other means of online communication, which enable the consumer to contact, and communicate with, the repairer quickly and efficiently~~

~~Part II 2. Information on the repair service~~

~~Good to be repaired~~

~~[Identification of the good]~~

~~Nature of the defect~~

~~[Description of the defect]~~

~~Type of repair suggested~~

~~[What kind of measures will be taken to repair the defect]~~

Price for repair or, if it cannot be calculated, the applicable calculation method and maximum price of repair

~~[This~~Maximum ~~means~~price ~~the~~expected ~~total~~for ~~amount~~repair or, if ~~not possible, the calculation method and~~it ~~the~~cannot ~~ceiling~~be ~~for~~calculated, the ~~repair service, in~~applicable ~~EUR/national~~calculation ~~currency]~~method

~~▌Time to complete repair~~

Amendment 79

~~[Time by which the repairer undertakes to perform the service in days]~~

Proposal for a directive

~~Availability of temporary replacement goods~~

Annex I – part 2 – table – line 10 a (new)

~~[A temporary replacement good means that the consumer will receive an equivalent good for use during the time of repair, the repairer has to indicate ‘Yes’ or ‘No’]~~

Text proposed by the Commission

~~If yes, indicate the corresponding costs, if any:~~

Amendment

~~[In EUR/national currency]~~

If applicable, additional information provided voluntarily by the repairer

~~Place to hand over the goods~~

Amendment 80

~~[The place where the consumer hands over the goods for repair ▌ ]~~

Proposal for a directive

~~If applicable, the availability of ancillary services~~

Annex II – heading

~~[Indicate if and to the extent ancillary services such as removal, installation and transportation are offered, or ‘None’ if no ancillary service is offered for the repair concerned]~~

Text proposed by the Commission

~~If yes, indicate the corresponding costs, if any:~~

Amendment

~~[In EUR/national currency, per service offered]~~

LIST OF UNION LEGAL ACTS LAYING DOWN REPARABILITY REQUIREMENTS

~~The period of validity of the European Repair Information Form;~~

LIST OF UNION LEGAL ACTS LAYING DOWN REPARABILITY REQUIREMENTS AND LIST OF REPARABLE GOODS

~~[Period of validity of at least 30 days]~~

Amendment 81

~~If applicable, additional information~~

Proposal for a directive

~~Indications between square brackets provide explanations for the repairer and must be replaced with the corresponding information.~~

Annex II – point 9

~~Annex II~~

Text proposed by the Commission

~~LIST OF UNION LEGAL ACTS~~

Amendment

~~LAYING DOWN REPARABILITY REQUIREMENTS~~

9. [Mobile phones, cordless phones and tablets according to Commission Regulation (EU) .../…29 ]

1.9. ~~Household~~Mobile ~~washing~~phones, ~~machines~~cordless ~~and~~phones ~~household~~and ~~washer-dryers~~tablets according to Commission Regulation (EU) ~~2019/2023~~.../…29

~~2. Household dishwashers according to Commission Regulation (EU) 2019/2022~~

__________________

▌

__________________

~~4. Refrigerating appliances according to Commission Regulation (EU) 2019/2019~~

29 …

~~5. Electronic displays according to Commission Regulation (EU) 2019/2021~~

29 …

~~6. Welding equipment according to Commission Regulation (EU) 2019/1784~~

Amendment 82

~~7. Vacuum cleaners according to Commission Regulation (EU) 666/2013~~

Proposal for a directive

~~8. Servers and data storage products according to Commission Regulation (EU) 2019/424~~

Annex II – point 9 a (new)

~~9. ▌ Mobile phones, cordless phones and slate tablets according to Commission Regulation (EU) 2023/1670~~

Text proposed by the Commission

9a. Household tumble dryers, according to Commission Regulation (EU) 2023/25331___1 Commission Regulation (EU) 2023/2533 of 17 November 2023 implementing Directive 2009/125/EC of the European Parliament and of the Council with regard to ecodesign requirements for household tumble dryers, amending Commission Regulation (EU) 2023/826, and repealing Commission Regulation (EU) No 932/2012

Amendment

9b. Goods incorporating light means of transport batteries in accordance with Regulation (EU) 2023/1542 of the European Parliament and of the Council1 ____ 1Regulation (EU) 2023/1542 of the European Parliament and of the Council of 12 July 2023 concerning batteries and waste batteries, amending Directive 2008/98/EC and Regulation (EU) 2019/1020 and repealing Directive 2006/66/EC, OJ L 191, 28.7.2023

9a. Bicycles