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From · report parliamentary committee draft · 2023-06-26 IMCO-PR-749950 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

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To · opinion parliamentary committee · 2023-10-12 ENVI-AD-751885 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

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~~PR_COD_1amCom~~

PA_Legam

~~Symbols for procedures~~

SHORT JUSTIFICATION

* Consultation procedure

The Right to repair

*** Consent procedure

Aligned with the European Green Deal and its objective of sustainable consumption and the outcome of the Conference on the Future of Europe (CoFoE), the Commission's proposal for common rules promoting the repair of goods aims to increase the repair of consumer goods.

***I Ordinary legislative procedure (first reading)

The Rapporteur took the decision to focus her draft opinion on those parts of the Commission proposal with shared competences for the Environmental Committee.

***II Ordinary legislative procedure (second reading)

The Rapporteur supports the right to repair initiative and underlines the need to make the repair of products easier, more convenient and cheaper for consumers, while reducing waste and boosting the repair sector. The draft opinion stresses the business to consumer dimension of the repairs within this proposal and notes the close link with the legislative proposal on Ecodesign Requirements for Sustainable Products, which has just been voted in plenary this July. It lays strong foundation to make repairs easier in the future by introducing for example specific measures regarding early obsolescence and a repair score through Delegated Acts on a product-by-product basis.

***III Ordinary legislative procedure (third reading)

The Rapporteur aims to strengthen the right to repair outside of the legal guarantee further, for consumers and for repairers, especially in regards to the availability of the spare parts and transparency of their prices, which is one of key elements in the repair process. This should benefit both sides, supporting repairers in having the appropriate resources for the higher demand of repairs, while giving the accurate information to consumers, notably through the information form and providing more options for repair. More options for repair should entice consumers to shift how they think about repair and thus their behaviour.

~~(The type of procedure depends on the legal basis proposed by the draft act.)~~

The Rapporteur also calls for promoting refurbished goods as an alternative solution when repair is deemed impossible. Furthermore, complementary to the provisions proposed by the Commission, strengthening the culture of repair through awareness raising campaigns will be an important step towards fulfilling the goals of this Directive and in effect have a positive side-effect of going beyond the scope of this Directive. Moreover, further incentives like potential financial incentives that could be made available for consumers and repairers, uplifting the demand for reparability services and establishing the repair as an attractive solution for the consumers could provide an additional boost to encourage consumers to repair their goods and repairers to increase their offers. The online platform and information form are solutions, which should benefit repairers and consumers equally. The information form gives the consumers access to all the relevant information and a possibility to compare different offers for repair, while keeping the competitiveness level between the repairers, which should lead towards a well-developed repair market and with healthy competition based on prices and quality. The Rapporteur recognizes the need for online platforms to be free and user friendly for both consumers and repairers. In addition, the Rapporteur proposes the creation of a main internet portal to be established in each Member State, which should provide access to the national online platform. This portal should act as a one-stop-shop where consumers not only find links to all kinds of repairers but also to consumer information and their legal rights. In addition, a need for strong and targeted awareness raising campaigns is crucial to ensure that the consumers become familiar with the existence of such a portal and online platform.

~~Amendments to a draft act~~

To create a functioning framework for consumers to improve their right to repair is at the heart of this draft opinion, together with supporting the business sector and SMEs, while further developing the repair market, all of which is bringing the Union one step closer to the goal of climate neutrality.

~~Amendments by Parliament set out in two columns~~

AMENDMENTS

~~Deletions are indicated in bold italics in the left-hand column. Replacements are indicated in bold italics in both columns. New text is indicated in bold italics in the right-hand column.~~

The Committee on the Environment, Public Health and Food Safety calls on the Committee on the Internal Market and Consumer Protection, as the committee responsible, to take the following into account:

The first and second lines of the header of each amendment identify the relevant part of the draft act under consideration. If an amendment pertains to an existing act that the draft act is seeking to amend, the amendment heading includes a third line identifying the existing act and a fourth line identifying the provision in that act that Parliament wishes to amend.

~~Amendments by Parliament in the form of a consolidated text~~

New text is highlighted in bold italics. Deletions are indicated using either the ▌symbol or strikeout. Replacements are indicated by highlighting the new text in bold italics and by deleting or striking out the text that has been replaced.

~~By way of exception, purely technical changes made by the drafting departments in preparing the final text are not highlighted.~~

~~DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION~~

on the proposal for a directive of the European Parliament and of the Council on common rules promoting the repair of goods and amending Regulation (EU) 2017/2394, Directives (EU) 2019/771 and (EU) 2020/1828

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

~~(Ordinary legislative procedure: first reading)~~

~~– having regard to the Commission proposal to Parliament and the Council (COM(2023)0155),~~

~~– having regard to Article 294(2) and Article 114 of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C90117/2023),~~

~~– having regard to Article 294(3) of the Treaty on the Functioning of the European Union,~~

~~– having regard to Rule 59 of its Rules of Procedure,~~

~~– having regard to the opinions of the Committee on the Environment, Public Health and Food Safety and of the Committee on Legal Affairs,~~

~~– having regard to the report of the Committee on the Internal Market and Consumer Protection (A90000/2023),~~

~~1. Adopts its position at first reading hereinafter set out;~~

~~2. Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal;~~

~~3. Instructs its President to forward its position to the Council, the Commission and the national parliaments.~~

Amendment 1

Proposal for a directive

Recital 61

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.

(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.

~~deleted~~

(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.

~~Or. en~~

_________________

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).

Amendment 2

Proposal for a directive

Recital 102

Text proposed by the Commission

Amendment

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

(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 Council13 , 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.

(10) Repairers should not alter the conditions of repair that they provide in the European Repair Information Form, including on the price for repair, for 30 calendar days. This ensures that consumers are given sufficient time to compare different repair offers. In order to safeguard as much as possible the contractual freedom for repairers other than producers of goods for whom an obligation to repair applies, to be able to decide whether to conclude a contract for the provision of repair services at all, repairers should remain free to decide not to conclude such a contract. 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.

(2) In order to achieve these objectives, and in particular to facilitate cross-border provision of services and fair competition among repairers of goods purchased by consumers in the internal market and of ensuring that the Union reaches climate neutrality by 2050 at the latest as defined by Regulation (EU) 2021/1119 of the European Parliament and of the Council12a, 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 Council13, 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.

~~Or. en~~

_________________

12a Regulation (EU) 2021/1119 of the European Parliament and of the Council of 30 June 2021 establishing the framework for achieving climate neutrality and amending Regulations (EC) No 401/2009 and (EU) 2018/1999 (‘European Climate Law’)(OJ L 243, 9.7.2021, p. 1).

13 Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I) (OJ L 177, 4.7.2008, p. 6).

Amendment 3

Proposal for a directive

Recital 113

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.

(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.

(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 listed in Annex II. 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.

(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, obligations for relevant producers to repair such goods and to simplify the process for consumers to get their goods repaired. Repair should result in more sustainable consumption, since it is likely to generate less waste and reduce dispersion of toxic substances and of critical raw materials 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, refurbishment and recycling, while also producing benefits for consumers by avoiding costs associated with new purchases in the short term.

~~Or. en~~

Amendment 4

Proposal for a directive

~~Recital 12~~

Recital 6 a (new)

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.

(6a) Various obstacles prevent consumers from opting for repair, notably unavailability of information on reparability of a product when purchasing a good, lack of information on repair services, lack of access to spare parts, lack of interoperability and similar technical barriers, but above all costs of repair that remain too high. This Directive should therefore ensure that consumers can effectively use their right to repair.

(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, costs such as costs for spare parts, labour costs, costs for the freight, delivery or postal charges or, if either the total price or any of the elements of the price cannot reasonably be calculated in advance, information on the manner in which the price is to be calculated and the maximum price for the repair. . 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.

~~Or. en~~

Amendment 5

Proposal for a directive

~~Recital 13~~

Recital 6 b (new)

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.

(6b) The aim of this Directive will be supported by the general provisions of Directive [empowering consumers in the green transition] in ensuring that manufacturers and distributors do not mislead consumers into thinking that exercising their right to repair with the provider of their choice may generate safety or technical risks.

(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.

~~Or. en~~

Amendment 6

Proposal for a directive

Recital 147

Text proposed by the Commission

Amendment

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

(14) 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 and consumers to spare parts, the related information, any tool and auxiliary means 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.

(7) In order to help consumers identify and choose suitable, timely and affordable 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 independent and professional 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 2019/882 14 .

~~__________________~~

_________________

~~__________________~~

_________________

1614 Directive ~~2009/125/EC~~2019/882/EU of the European Parliament and of the Council of ~~21 October 2009 establishing~~17 aApril ~~framework~~2019 ~~for~~on the ~~setting of ecodesign~~accessibility requirements for ~~energy-related~~ products ~~(recast) (Text with EEA~~and ~~relevance)~~services (OJ L ~~285,~~151, ~~31.10.2009,~~7.6.2019, p. ~~10–35).~~70).

~~Or. en~~

Amendment 7

Proposal for a directive

Recital 158

Text proposed by the Commission

Amendment

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

(15) 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 and online platforms 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.

(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 and professional 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. The consumer should be made aware of the right to request the European Repair Information Form, also through information campaigns. 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 Council15.

~~Or. en~~

_________________

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

Amendment 8

Proposal for a directive

Recital 169

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.

(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.

(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 listed in Annex II. The obligation to repair under this Directive, which allows the consumer to claim repair directly against the producer in the after-sales phase, should encourage consumer demand for repair.

(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 repairer may need to inspect the goods to be able to determine the defect or type of repair that is necessary, including the need for spare parts, and to estimate the repair price. In these cases, a repairer may only request a consumer to pay the costs that are necessary for providing the information included in the European Repair Information Form. Those costs should be able to be deducted from the final price of the repair, except for producers obligated to repair according to Article 5 of this Directive where these producers should always provide the European Repair Information Form free of charge when requested. 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.

~~__________________~~

~~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).~~

~~Or. en~~

Amendment 9

Proposal for a directive

Recital 1710

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. 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. 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.

(10) Repairers should not alter the conditions of repair that they provide in the European Repair Information Form, including on the price for repair, for at least 30 calendar days from the day when the consumer receives the form. This ensures that consumers are given sufficient time to compare different repair offers. In order to safeguard as much as possible the contractual freedom for repairers other than producers of goods for whom an obligation to repair applies, to be able to decide whether to conclude a contract for the provision of repair services at all, repairers should remain free to decide not to conclude such a contract, including in situations where they have provided the European Repair Information Form. If a contract for the provision of repair services is concluded based on the European Repair Information Form, the information on conditions of repair and price contained in that form should constitute an integral part of the contract for the provision of repair services, thereby defining the repairer’s obligations under that contract. Non-compliance with those contractual obligations is governed by the applicable national law.

~~__________________~~

~~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).~~

~~Or. en~~

Amendment 10

Proposal for a directive

Recital 2212

Text proposed by the Commission

Amendment

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

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

(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 reasonable and non-discriminatory price paid by the consumer, against another kind of consideration, or for free. The charging of a price reasonable and non-discriminatory should encourage both producers to develop sustainable business models, including the provision of repair services and consumers to seek repair. Such a price may take into account, for instance, labour costs, costs for spare parts, costs of shipping and delivery, costs for operating the repair facility and a customary margin. The price for and the conditions of repair should be agreed in a contract between the consumer and the producer and the consumer should remain free to decide whether that price and those conditions are acceptable. The need for such a contract and the competitive pressure from other repairers should encourage producers who are obliged to repair to keep the price acceptable for the consumer. The repair obligation may also be performed for free when the defect is covered by a commercial guarantee, for instance, in relation to guaranteed durability of goods. To incentivise consumers to have their product repaired outside of the legal guarantee, a producer may provide a replacement or a refurbished good, for the duration of the repair, which is expected to be returned once the consumer receives its repaired good.

~~Or. en~~

Amendment 11

Proposal for a directive

~~Recital 25~~

Recital 12 a (new)

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.

(12a) In order to ensure a sustainable product life cycle, producers and vendors, also in cooperation with national authorities, might be able to offer end-of-life bonuses for products that can no longer be repaired, in order to incentivise the consumer to buy a product with a better environmental performance.

(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. 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.

~~__________________~~

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).

~~Or. en~~

Amendment 12

Proposal for a directive

~~Recital 25 a (new)~~

Recital 14

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.

~~Or. en~~

(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 apply. According to those requirements, producers should provide access to spare parts and tools, including original spare parts, to repairers and consumers, repair and maintenance information or any repair related software tools, firmware or similar auxiliary means for reasonable and non-discriminatory prices, taking into account the protection of sensitive information and business secrets. Those requirements ensure the technical feasibility of repair, not only by the producer, but also by other repairers. As a consequence, the consumer can select a repairer of its choice, which ensures competition and benefits consumers with better services and lower prices when selecting a repairer. In this context, this Directive should encourage that all actors of the repair sector can access spare parts at a reasonable and non-discriminatory price, as well as repair and maintenance information and diagnosis tools necessary to perform the repair, be it hardware or software.

_________________

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

Amendment 13

Proposal for a directive

Recital 2616

Text proposed by the Commission

Amendment

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

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

(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. 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. 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.

~~Or. en~~

_________________

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 26 a (new)~~

Recital 18

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 propose 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 of this Directive. This could create more coherence between the product categories foreseen in Annex II of 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.

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

~~__________________~~

(18) While this Directive imposes the obligation to repair on the producer, it also facilitates consumer choice of repair services from other repairers, including independent and professional ones. This choice should in particular be facilitated through measures that ensure fair competition in the repair sector such as ensuring access to spare parts at reasonable costs for all actors of the sector, but also by empowering consumers to request the European Repair Information Form not only from the producer but also other repairers like the seller or independent and professional 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 and professional repairers in their proximity or the seller before reaching out to producers which may for instance be located at a greater distance and for which the price could be higher due to transportation costs.

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

~~Or. en~~

Amendment 15

Proposal for a directive

Recital 2721

Text proposed by the Commission

Amendment

(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.

(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.

(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.

(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 and where existing, community repair initiatives, as the repair cafés. 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, as well as community-led repair initiatives, thereby incentivising consumers to choose repair instead of buying new goods. While that platform aims at facilitating the search for repair services in business-to-consumer relationships, Member States are free to extend its scope also to include business-to-business relationships.

~~Or. en~~

Amendment 16

Proposal for a directive

Recital 2823

Text proposed by the Commission

Amendment

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

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

(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 creates an inconvenience for the consumer. In situations where a repair does not lead to the good being 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.

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

~~Or. en~~

Amendment 17

Proposal for a directive

~~Recital 28 a (new)~~

Recital 24

Text proposed by the Commission

Amendment

(28a) To support consumers and to reduce the inconvenience for them of not having the goods while they are being repaired, the seller should loan the consumer a replacement product. 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 as quickly as possible. The repair should not take longer than 15 calendar days, once the seller has been informed about the non-conformity of the good.

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

~~Or. en~~

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

Amendment 18

Proposal for a directive

Recital 2824 ba (new)

Text proposed by the Commission

Amendment

(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 two years starting from the moment their good is returned to them, repaired. 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.

(24a) Each Member State should establish a main internet portal, acting as a one-stop-shop in a consumer-friendly manner, which provides access, free of charge, to the national online platform or platforms and information concerning repair, including consumers’ legal rights. Easy access to the online platform will play an important part to help change the culture of repair in the Union. In addition, Member States and the Commission should ensure that targeted awareness raising campaigns, which are crucial to ensure that the consumers become familiar with the existence of such a portal and online platform, are organised. To the extent possible Member States should take into account, the special needs of people with disabilities.

~~Or. en~~

Amendment 19

Proposal for a directive

~~Recital 28 c (new)~~

Recital 26

Text proposed by the Commission

Amendment

(28c) 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. 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.

~~Or. en~~

Amendment 20

Proposal for a directive

~~Recital 30~~

Recital 26 a (new)

Text proposed by the Commission

Amendment

(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.

(26a) The cost of repair has been identified as the main obstacle preventing consumers to go for this option outside the liability of the seller provided under Directive (EU) 2019/771. In order to address this problem, Member States may take appropriate measures to establish financial and fiscal incentives that allow consumers to claim back part of the costs of repair, and thus, making it a more attractive option. These incentivising measures might take the form of lower VAT rates, repair vouchers or reduced taxes on services and labour in order to further incentive customers to opt for a good being repaired instead of replaced. In addition, Member States should pay particular attention to micro, small and medium sized enterprises as their businesses are a vital part of the repair chain.

(30) In order to allow economic operators to adapt, transitional provisions concerning the application of some Articles of this Directive should be introduced. Thus, the obligations to repair and to provide related information on this obligation should apply to contracts for the provision of repair services after [12 months after the entry into force]. The amendment to Directive (EU) 2019/771 should apply only to sales contracts concluded after [12 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.

~~Or. en~~

Amendment 21

Proposal for a directive

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

Recital 33 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;

(33a) Fostering reparability at Union level requires a smart mix of measures. This Directive may be accompanied by other initiatives to counter the skills shortage to ensure that reparability services within the Union can be provided in the future, which should also be taken into account in the context of education of the Union citizens, especially the importance of the vocational education in this regard.

~~__________________~~

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).

~~1b Regulation (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).~~

~~Or. en~~

Amendment 22

Proposal for a directive

~~Article 2 – paragraph 1 – point 7 a (new)~~

Recital 33 b (new)

Text proposed by the Commission

Amendment

~~7a. ‘online platform’ means ‘online platform’ as defined in Article 2, point (h), of Regulation (EU)2022/2065 of the European Parliament and of the Council1a;~~

(33b) Consumer behaviour is shaped by a wide variety of aspects. When choosing between repair and new purchase, decision criteria such as economic efficiency, durability, proximity of a repair service, and the time required play an important role. In addition to the provisions laid out in this Directive, awareness-raising measures for a culture of repair, improving consumers’ knowledge about maintenance and care of products, and improving consumers’ knowledge about the existing rights concerning legal guarantees might be strengthened to boost the demand for reparability services.

~~_____________~~

1a Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a Single Market For Digital Services and amending Directive 2000/31/EC (Digital Services Act) (OJ L 277, 27.10.2022, p. 1)

~~Or. en~~

Amendment 23

Proposal for a directive

Article 21 – paragraph 1 ~~– point 10~~

Text proposed by the Commission

Amendment

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

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.

~~deleted~~

1. This Directive lays down common rules promoting and strengthening the right to repair goods, and the accessibility of the repair sector with a view to contributing to the proper functioning of the internal market, while providing for a high level of consumer and environmental protection as well as increased circularity within the economy.

~~Or. en~~

Amendment 24

Proposal for a directive

Article 32 – paragraph 1 – point 2

Text proposed by the Commission

Amendment

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

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;

~~Member States shall not maintain or introduce in their national law provisions diverging from those laid down in this Directive, unless otherwise provided for in this Directive~~

~~Or. en~~

Amendment 25

Proposal for a directive

Article 42 – paragraph 41 – point e7 a (new)

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;~~

7a. ‘online marketplace’ means online marketplace as defined in Article 2, point (55), of Regulation [on the Ecodesign for Sustainable Products];

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

~~Or. en~~

Amendment 26

Proposal for a directive

Article 4 – paragraph 52 a (new)

Text proposed by the Commission

Amendment

5.2a. ~~The~~For ~~repairer~~producers ~~shall~~obliged ~~not~~to ~~alter~~repair ~~the~~by ~~conditions~~virtue of ~~repair specified~~Article in5 the European Repair Information Form ~~for a period of 30 calendar days as from the date on which that form~~shall ~~was~~be provided to the ~~consumer, unless the repairer and the~~ consumer ~~have~~as ~~agreed~~soon ~~otherwise.~~as Ifpossible, abut ~~contract~~no ~~for~~later ~~the~~than ~~provision~~14 ofcalendar ~~repair~~days ~~services~~after isthe ~~concluded~~consumer's ~~within~~request. ~~the~~For 30these ~~day~~producers ~~period,~~paragraph ~~the~~3 ~~conditions~~shall ofnot ~~repair~~be ~~specified~~applicable inand the European Repair Information Form shall ~~constitute an~~be ~~integral~~provided ~~part~~free of ~~that~~charge ~~contract.~~to the consumer.

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. If a contract for the provision of repair services is concluded within the 30 day period, the conditions of repair specified in the European Repair Information Form shall constitute an integral part of that contract.

~~Or. en~~

Amendment 27

Proposal for a directive

Article 54 – paragraph 3 – subparagraph 1

Text proposed by the Commission

Amendment

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.

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.

1. Member States shall ensure that upon the consumer’s request, the producer shall repair, goods which are listed in Annex II. 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.

For cases where physical inspection of the product to be repaired is needed, the repairer may request the consumer to pay the necessary, reasonable and non-discriminatory costs the repairer incurs for providing the information included in the European Repair Information Form. The costs may be deducted from the total amount of the repair service.

~~Or. en~~

Amendment 28

Proposal for a directive

Article 54 – paragraph 14 a– ~~(new)~~point e

Text proposed by the Commission

Amendment

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

(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;

~~a) it shall be carried out either free of charge or in return for consideration;~~

(e) the price, where feasible itemized for each cost included but not limited to labour costs, costs for each spare part, original, compatible or second-hand, needed or possibly needed and, where applicable delivery costs or, if the price cannot reasonably be calculated in advance, the manner in which the price is to be calculated, the estimated price, and the maximum price for the repair;

~~b) it shall be carried out within 15 calendar days from the moment the producer has physical possession of the good, has received the good or has been given access to the good by the consumer; and~~

~~c) the producer shall provide the consumer with the loan of a replacement good for the duration of the repair.~~

~~Or. en~~

Amendment 29

Proposal for a directive

Article 54 – paragraph 24 – point f

Text proposed by the Commission

Amendment

(f) the estimated time needed to complete the repair;

(f) the estimated time needed to complete the repair and where applicable the estimated delivery time of the good;

Where there is no producer established in the Union, authorised representative, importer, fulfilment services provider or distributor, the obligation of the producer shall be performed by a provider of an online platform that allows consumers to conclude distance contracts with traders, provided that the conditions of Article 6(3) set out in Regulation (EU) 2022/2065 are fulfilled.

~~Or. en~~

Amendment 30

Proposal for a directive

Article 54 – paragraph 34 – point g

Text proposed by the Commission

Amendment

~~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.~~

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

3. For all goods listed in Annex II, producers shall allow independent repairers and consumers access to all spare parts and all repair-related information and tools at a reasonable and non-discriminatory cost for a period corresponding to at least the expected lifespan of the product .

(g) the availability of temporary replacement goods, including refurbished products, during the time of repair and the costs of temporary replacement, if any, for the consumer as well as how to request and receive the replacement good;

~~Or. en~~

Amendment 31

Proposal for a directive

Article 54 – paragraph 34 a– ~~(new)~~point h

Text proposed by the Commission

Amendment

~~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.~~

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

~~Or. en~~

(h) the place where the consumer hands over the goods for repair or, where applicable, how to ship the goods for repair to the repairer and the cost, if any, of the shipment for the consumer;

Amendment 32

Proposal for a directive

Article 54 – paragraph 45

Text proposed by the Commission

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, unless the repairer and the consumer have agreed otherwise. If a contract for the provision of repair services is concluded within the 30 day period, the conditions of repair specified in the European Repair Information Form shall constitute an integral part of that contract.

~~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.~~

5. The repairer shall not alter the conditions of repair specified in the European Repair Information Form for a period of at least 30 calendar days as from the date on which that form was provided to the consumer. It shall be clear from the European Information Repair Form for how many calendar days the conditions are valid for. If a contract for the provision of repair services is concluded within that period, the conditions of repair specified in the European Repair Information Form shall constitute an integral part of that contract.

~~Or. en~~

Amendment 33

Proposal for a directive

Article 75 – ~~title~~paragraph 1

Text proposed by the Commission

Amendment

~~Online platform for repair and goods subject to refurbishment~~

~~Online platform for repair~~

1. Member States shall ensure that upon the consumer’s request, the producer shall repair, for free or against a reasonable and non-discriminatory 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 may offer the consumer a replacement good, including refurbished goods, for the duration of the repair. The producer may sub-contract repair in order to fulfil its obligation to repair.

~~Or. en~~

Amendment 34

Proposal for a directive

Article 75 – paragraph 31 a (new)

Text proposed by the Commission

Amendment

~~3a. Member States shall ensure that the information on the online platform for repair is easily accessible and up-to-date.~~

1a. Producers shall not:

~~Or. en~~

(a) refuse the repair of a device solely on the grounds that it has previously been repaired by an independent or professional repairer or where a previous repair has been made using non-original but compatible spare parts and shall not implement any contractual, hardware or software limits to repairs of their goods by independent or professional repairers,

(b) be obliged to repair such goods where repair is factually or legally impossible.

Amendment 35

Proposal for a directive

Article 75 – paragraph ~~3 b (new)~~2

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 and easily accessible and machine-readable database of online platforms for repair registered within the Member States.

~~Or. en~~

2. Where the producer obliged to repair pursuant to paragraph 1 is established outside the Union, its authorised representative in the Union shall perform the obligation of the producer. Where the producer has no authorised representative in the Union, the importer of the good concerned shall perform the obligation of the producer. Where there is no importer, the distributor of the good concerned shall perform the obligation of the producer. Where there is no distributor, the retailer or online marketplace that allows for consumers to conclude distance contracts shall perform the obligation of the producer. The economic operator performing the obligation to repair shall conduct the repair within the Union or, if it is necessary to conduct the repair outside the Union, in a way which does not result in longer waiting time for the repaired good or increased costs for the consumer, including time and costs for shipping.

Amendment 36

Proposal for a directive

Article 75 – 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 the online platform established pursuant to Article 7(1) and that consumers have easy access to it.

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.

~~Or. en~~

3. Producers shall for at least the expected lifetime of the product ensure that independent and professional repairers, refurbishers, and when appropriate end-users, have access to spare parts, including original parts or parts derived from the dismantling of non-repairable products in accordance with Union legislative acts concerning repair and repair-related information, instructions and tools, including, where relevant, diagnosis tools and access to data, at a reasonable and non-discriminatory price, in accordance with the Union legal acts listed in Annex II without prejudice to the protection of sensitive information and business secrets provided for in Directive (EU) 2016/943 of the European Parliament and of the Council1a.

_________________

1a Directive (EU) 2016/943 of the European Parliament and of the Council of 8 June 2016 on the protection of undisclosed know-how and business information (trade secrets) against their unlawful acquisition, use and disclosure (OJ L 157, 15.6.2016, p. 1).

Amendment 37

Proposal for a directive

Article 75 – paragraph 3 da (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 the online platform, established pursuant to Article 7(1), in their territory.

3a. Producers shall make available on their websites information related to repair, such as estimates of repair prices and prices of spare parts in accordance with the Union legal acts listed in Annex II. The Commission shall, in line with its evaluation process under [Article 8a] assess the price evaluation of repairs.

~~Or. en~~

Amendment 38

Proposal for a directive

~~Article 9 a (new)~~

Article 5 – paragraph 3 b (new)

Text proposed by the Commission

Amendment

~~Article 9a~~

3b. Where spare parts are no longer made available, the producer, with the exception of SMEs, shall, where relevant, provide in an electronic format, following a justified request outlining the specific use of the information and taking into account the need to safeguard product safety, the necessary information and instructions for 3D printing of spare parts, without prejudice to the protection of sensitive information and business secrets provided for in Directive (EU) 2016/943.

~~Member States measures promoting repair~~

~~1. Member States shall take appropriate measures promoting repair.~~

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

3. Member States shall report to the Commission the measures taken under paragraph 1. By ... [24 months after the date of transposition of this Directive], the Commission shall make the measures introduced by Member States publicly available. Member States shall report to the Commission on the applicable measures by...[ 12 months year after the date of transposition of this Directive].

~~Or. en~~

Amendment 39

Proposal for a directive

Article 115 – paragraph ~~1 a (new)~~4

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;~~

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. When a new good is covered by a Union legislative requirement on reparability, the Commission shall adopt such a delegated act within one year.

~~(b) any action taken by the seller or producer to mitigate or remedy the damage suffered by consumers;~~

~~(c) any previous infringements by the seller or producer;~~

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

(e) 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 ;

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

~~Or. en~~

Amendment 40

Proposal for a directive

~~Article 11 – paragraph 1 b (new)~~

Article 5 a (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.

Article 5a

~~Or. en~~

Consumers' right to repair

1. Consumers shall be able to seek quality and affordable repair from the provider of their choice.

2. Member States shall ensure that consumers can access repair services, by the producer or authorized repairers and independent repairers, to restore a defective good to a condition where it fulfils its intended use, and with the ultimate goal to extend their lifetime.

3. Member States shall ensure fair competition in the repair sector by ensuring non-discriminatory access at reasonable price to spare parts, where applicable, diagnosis tools as well as to repair and maintenance information, to all actors of the repair sector.

4. Member States shall take appropriate measures to ban practices by producers that prevent consumers to exert their right to repair.

Amendment 41

Proposal for a directive

Article 116 – 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.

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.

~~Or. en~~

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 through the online platform referred to in Article 7, their websites and at the point of sale.

Amendment 42

Proposal for a directive

Article 116 – paragraph 21 a (new)

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.

1a. The information on obligations shall also be found on a digital product passport that includes information and origin of parts, and guidelines for repair. Where possible, the digital product passport shall include self-repair guidelines, information on the spare parts and tools needed while taking into account the safety and technical know-how required for the repair. The guidelines shall indicate clearly the cases in which self-repair is not advised.

2. Member States shall, by 12 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.

~~Or. en~~

Amendment 43

Proposal for a directive

Article 126 – paragraph -11 b (new)

~~Directive (EU) 2019/771~~

Text proposed by the Commission

~~Article 7 – paragraph 1 – point d~~

~~Present text~~

Amendment

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

1b. Member States shall develop awareness-raising campaigns to inform consumers of their rights under Directive 2019/771 as well as about the right to repair, including obligations on producers, as laid down under this Directive.

(d) be of the quantity and possess the qualities and other features, including in relation to durability, 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.

"(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.

~~Or. en~~

Amendment 44

Proposal for a directive

Article 127 – paragraph -11 a– ~~(new)~~introductory part

~~Directive (EU) 2019/771~~

Text proposed by the Commission

~~Article 10 – paragraph 6~~

~~Present text~~

Amendment

~~-1a. In Article 10, paragraph 6 is replaced by the following:~~

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

Member States may provide that, in the case of second-hand goods, the seller and the consumer can agree to contractual terms or agreements with a shorter liability or limitation period than those referred to in paragraphs 1, 2 and 5, provided that such shorter periods shall not be less than one year.

1. Member States shall ensure that at least one online platform exists for their territory that allows consumers to find repairers and repair community initiatives such as repair cafés. That platform shall:

"Member States shall ensure that, in the case of second-hand goods and especially refurbished goods, the seller and the consumer can not agree to contractual terms or agreements with a shorter liability or limitation period than those referred to in paragraphs 1, 2, and 5. Member States may maintain or introduce longer time limits."

~~Or. en~~

Amendment 45

Proposal for a directive

Article 127 – paragraph 1 – point a

~~Directive (EU) 2019/771~~

~~Article 13 – paragraph 2 – subparagraph 2 (new)~~

Text proposed by the Commission

Amendment

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

(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;

~~1. In Article 13(2), the following subparagraph is added:~~

(a) include search functions regarding goods, location of repair services, including a map-based function, repair conditions, including the time needed to complete the repair, the availability of temporary replacement goods and the location where or the means with which 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;

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.

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.

~~Or. en~~

Amendment 46

Proposal for a directive

Article 127 – paragraph 1 – point d a (new)

~~Directive (EU) 2019/771~~

Text proposed by the Commission

~~Article 13 – paragraph 3 a (new)~~

~~Present text~~

Amendment

~~1a. In Article 13 the following paragraph is inserted:~~

(da) allow consumers to rate or comment on repairers;

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

~~Or. en~~

Amendment 47

Proposal for a directive

Article 127 – paragraph 1 b– point f a (new)

~~Directive (EU) 2019/771~~

Text proposed by the Commission

~~Article 13 – paragraph 4 a (new )~~

~~Present text~~

Amendment

~~1b. In Article 13 the following paragraph is inserted:~~

(fa) be user-friendly and intuitive for consumers, especially for elderly people:

"4a. Where, in accordance with paragraph 2 of this Article, the consumer chooses the repair option as the remedy to bring the goods into conformity , the seller shall be liable for any lack of conformity which exists at the time the consumer received the repaired goods and which becomes apparent within two years after that time. This shall not apply if the seller has already successfully repaired the goods in accordance with Article 10. Without prejudice to Article 7(3), this paragraph shall also apply to goods with digital elements. This paragraph shall be without prejudice to other time limits under Article 10 and further claims of the consumer."

~~Or. en~~

Amendment 48

Proposal for a directive

Article 127 – paragraph 1 c– point f b (new)

~~Directive (EU) 2019/771~~

Text proposed by the Commission

~~Article 14 – paragraph 1~~

~~Present text~~

Amendment

~~1c. In Article 14 paragraph 1 is replaced by the following:~~

(fb) ensure that the information is easily accessible and up-to-date.

~~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; and~~

~~(b) within 15 calendar days from the moment the seller has been informed by the consumer about the repair;~~

~~(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.~~

~~The seller shall provide the consumer with a replacement good on loan for the duration of the repair."~~

~~Or. en~~

Amendment 49

Proposal for a directive

Article 127 – paragraph ~~1 d (new)~~2

~~Directive (EU) 2019/771~~

Text proposed by the Commission

~~Article 14 – paragraph 1 a (new)~~

~~Present text~~

Amendment

~~1d. In Article 14 the following paragraph is inserted:~~

2. Member States shall ensure that the online platform also includes a search function by product category to find sellers of goods subject to refurbishment and purchasers of defective goods for refurbishment.

~~"1a. Replacements shall be carried out:~~

2. Member States, shall ensure that the online platform also includes a search function by product category to find sellers of goods subject to refurbishment and purchasers of defective goods for refurbishment. Repairers who also sell new goods shall not promote these through the online platform.

~~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; and~~

~~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."~~

~~Or. en~~

Amendment 50

Proposal for a directive

Article 127 – paragraph ~~1 e (new)~~3

~~Directive (EU) 2019/771~~

Text proposed by the Commission

~~Article 14 – paragraph 4a (new)~~

~~Present text~~

Amendment

~~1e. In Article 14 the following paragraph is inserted:~~

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.

"4a. In the event that the consumer decides, pursuant to Article 13(3a), that the producer shall bring the goods into conformity by means of repair, the producer shall be understood as being the seller for the purposes of this Article."

~~Or. en~~

Amendment 51

Proposal for a directive

Article 127 – paragraph 13 fa (new)

~~Directive (EU) 2019/771~~

Text proposed by the Commission

~~Article 17 – paragraph 1 a (new)~~

~~Present text~~

Amendment

~~1f. In Article 17 the following paragraph is inserted~~

3a. Member States shall not be obliged to provide for a new platform where a national platform already exists that meets the conditions set out in this article.

"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 exercising rights pursuant to Article 13(3a) shall be void.”

~~Or. en~~

Amendment 52

Proposal for a directive

~~Article 14 a (new)~~

Article 7 – paragraph 3 b (new)

Text proposed by the Commission

Amendment

~~Article 14a~~

3b. Member States shall establish a machine-readable national internet portal through which members of the public can access free of charge the online platform or platforms established in accordance with paragraph 1. Member States shall ensure that the portal provides information on Union and national repair related information in a consumer-friendly manner. This information shall include an overview of consumers’ legal rights concerning the repair of a product and contact details of the relevant alternative dispute resolution bodies handling consumer complaints, and, where applicable, information about financial and fiscal incentives to lower costs of repair;

~~Evaluation report~~

1. By [5 years after the entry into force of this Directive], the Commission shall 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.

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.~~

~~Or. en~~

Amendment 53

Proposal for a directive

Article 167 – paragraph 13 c (new)

Text proposed by the Commission

Amendment

~~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].~~

3c. Member States, local and regional authorities and the Commission shall take appropriate measures to ensure that consumers are aware of the existence and informed about the services offered by the online platform and the internet portal, including through targeted and comprehensive awareness raising campaigns including at the point of sale.

~~1. Article 5(1) and (2) and Article 6 of this Directive shall not apply to contracts for the provision of repair services concluded before [12 months after the entry into force].~~

~~Or. en~~

Amendment 54

Proposal for a directive

Article 167 – paragraph 23 d (new)

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]~~

3d. Member States shall communicate to the Commission the link of the existing online platforms and portal 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 one month of their launch. The Commission shall keep a publicly available and easily accessible and machine-readable database of online platforms for repair registered within the Member States.

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

~~Or. en~~

Amendment 55

Proposal for a directive

~~Article 17 – paragraph 1 – subparagraph 1~~

Article 7 a (new)

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.

Article 7a

Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by [12 months from the entry into force] at the latest. They shall immediately inform the Commission thereof.

Incentives for repair

~~Or. en~~

1. Member States shall take appropriate measures to support affordable repair for consumers. Such measures may include, but are not limited to, fiscal and financial incentives to make repair more attractive to consumers.

2. Member States shall ensure that appropriate measures are taken to help micro, small and medium sized enterprises within the meaning of Commission Recommendation 2003/362/EC to apply the requirements set out in this Directive.

3. Member States shall ensure that appropriate measures are taken to support repair training in the Union to counter the skills shortage to ensure reparability services in the future.

4. Member States shall report on their best practices concerning the measures taken under paragraph 1 to the Commission. The Commission shall make these publicly available.

5. By [3 years after entry into force], the Commission shall review and assess the effectiveness of the measures taken by Member States in promoting repair in their territories.

Amendment 56

Proposal for a directive

~~Article 17 – paragraph 1 – subparagraph 3~~

Article 8 a (new)

Text proposed by the Commission

Amendment

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

Article 8a

~~Member States shall apply those measures from [12 months from the entry into force].~~

Evaluation

~~Or. en~~

By … [4 years after the entry into force of this Directive], the Commission shall carry out an evaluation of this Directive and in particular assess its impact, on the proper functioning of the internal market, the level of consumer protection, its impact on businesses, including micro, small and medium enterprises and the improvement of the sustainable consumption of products. The Commission shall draw up a report on the its main findings and submit it to the European Parliament, the Council, the European Economic and Social Committee, and the Committee of the Regions. The report shall be accompanied, where appropriate, by a legislative proposal and impact assessment.

Amendment 57

Proposal for a directive

~~Annex II – subheading 1~~

Annex I – table 2 – row 4

Text proposed by the Commission

Amendment

~~LIST OF UNION LEGAL ACTS~~

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

~~LIST OF REPARABLE GOODS~~

Total price for repair and where feasible a list of itemized cost for all costs or, if it cannot be calculated, the applicable calculation method, the estimated price, and maximum price of repair

~~Or. en~~

[This means the total amount or, if not possible, the calculation method and the ceiling for the repair service, in EUR/national currency]

[This means the total amount and where feasible the cost for each cost (included but not limited to labour costs, costs for every spare part needed or possibly needed and delivery costs) or, if not possible, the calculation method, the estimated price, and the ceiling for the repair service, in euros or the national currency.]

Amendment 58

Proposal for a directive

Annex III – ~~subheading~~table 2 – row 8

~~Text proposed by the Commission~~

~~Amendment~~

~~LAYING DOWN REPARABILITY REQUIREMENTS~~

~~deleted~~

~~Or. en~~

~~Amendment 59~~

~~Proposal for a directive~~

~~Annex II – point 1~~

~~Text proposed by the Commission~~

~~Amendment~~

~~1. Household washing machines and household washer-dryers according to Commission Regulation (EU) 2019/202321~~

~~1. Household washing machines and household washer-dryers~~

~~__________________~~

21 Commission Regulation (EU) 2019/2023 of 1 October 2019 laying down ecodesign requirements for household washing machines and household washer-dryers pursuant to Directive 2009/125/EC of the European Parliament and of the Council, amending Commission Regulation (EC) No 1275/2008 and repealing Commission Regulation (EU) No 1015/2010 (OJ 315, 5.12.2019, p. 285).

~~Or. en~~

~~Amendment 60~~

~~Proposal for a directive~~

~~Annex II – point 2~~

~~Text proposed by the Commission~~

~~Amendment~~

~~2. Household dishwashers according to Commission Regulation (EU) 2019/202222~~

~~2. Household dishwashers~~

~~__________________~~

22 Commission Regulation (EU) 2019/2022 of 1 October 2019 laying down ecodesign requirements for household dishwashers pursuant to Directive 2009/125/EC of the European Parliament and of the Council amending Commission Regulation (EC) No 1275/2008 and repealing Commission Regulation (EU) No 1016/2010 (OJ 315, 5.12.2019, p. 267).

~~Or. en~~

~~Amendment 61~~

~~Proposal for a directive~~

~~Annex II – point 3~~

~~Text proposed by the Commission~~

~~Amendment~~

~~3. Refrigerating appliances with a direct sales function according to Commission Regulation (EU) 2019/202423~~

~~3. Refrigerating appliances with a direct sales function~~

~~__________________~~

23 Commission Regulation (EU) 2019/2024 of 1 October 2019 laying down ecodesign requirements for refrigerating appliances with a direct sales function pursuant to Directive 2009/125/EC of the European Parliament and of the Council (OJ 315, 5.12.2019, p. 313).

~~Or. en~~

~~Amendment 62~~

~~Proposal for a directive~~

~~Annex II – point 4~~

~~Text proposed by the Commission~~

~~Amendment~~

~~4. Refrigerating appliances according to Commission Regulation (EU) 2019/201924~~

~~4. Refrigerating appliances~~

~~__________________~~

24 Commission Regulation (EU) 2019/2019 of 1 October 2019 laying down ecodesign requirements for refrigerating appliances pursuant to Directive 2009/125/EC of the European Parliament and of the Council and repealing Commission Regulation (EC) No 643/2009 (OJ 315, 5.12.2019, p. 187).

~~Or. en~~

~~Amendment 63~~

~~Proposal for a directive~~

~~Annex II – point 5~~

~~Text proposed by the Commission~~

~~Amendment~~

~~5. Electronic displays according to Commission Regulation (EU) 2019/202125~~

~~5. Electronic displays~~

~~__________________~~

25 Commission Regulation (EU) 2019/2021 of 1 October 2019 laying down ecodesign requirements for electronic displays pursuant to Directive 2009/125/EC of the European Parliament and of the Council, amending Commission Regulation (EC) No 1275/2008 and repealing Commission Regulation (EC) No 642/2009 (OJ 315, 5.12.2019, p.241).

~~Or. en~~

~~Amendment 64~~

~~Proposal for a directive~~

~~Annex II – point 6~~

~~Text proposed by the Commission~~

~~Amendment~~

~~6. Welding equipment according to Commission Regulation (EU) 2019/178426~~

~~6. Welding equipment~~

~~__________________~~

26 Commission Regulation (EU) 2019/1784 of 1 October 2019 laying down ecodesign requirements for welding equipment pursuant to Directive 2009/125/EC of the European Parliament and of the Council (OJ 272, 25.10.2019, p. 121).

~~Or. en~~

~~Amendment 65~~

~~Proposal for a directive~~

~~Annex II – point 7~~

~~Text proposed by the Commission~~

~~Amendment~~

~~7. Vacuum cleaners according to Commission Regulation (EU) 666/201327~~

~~7. Vacuum cleaners~~

~~__________________~~

27 Commission Regulation (EU) 666/2013 of 8 July 2013 implementing Directive 2009/125/EC of the European Parliament and of the Council with regard to ecodesign requirements for vacuum cleaners (OJ 192, 13.07.2013, p. 24).

~~Or. en~~

~~Amendment 66~~

~~Proposal for a directive~~

~~Annex II – point 8~~

~~Text proposed by the Commission~~

~~Amendment~~

~~8. Servers and data storage products according to Commission Regulation (EU) 2019/42428~~

~~8. Servers and data storage products~~

~~__________________~~

28 Commission Regulation (EU) 2019/424 of 15 March 2019 laying down ecodesign requirements for servers and data storage products pursuant to Directive 2009/125/EC of the European Parliament and of the Council and amending Commission Regulation (EU) No 617/2013 (OJ 74, 18.03.2019, p. 46).

~~Or. en~~

~~Amendment 67~~

~~Proposal for a directive~~

~~Annex II – point 8 a (new)~~

~~Text proposed by the Commission~~

~~Amendment~~

~~8a. Motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles~~

~~Or. en~~

~~Amendment 68~~

~~Proposal for a directive~~

~~Annex II – point 9~~

~~Text proposed by the Commission~~

~~Amendment~~

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

~~9. Mobile phones, cordless phones and tablets~~

~~__________________~~

~~29 …~~

~~Or. en~~

~~Amendment 69~~

~~Proposal for a directive~~

~~Annex II – point 9 a (new)~~

~~Text proposed by the Commission~~

~~Amendment~~

~~9a. Batteries and waste batteries~~

~~Or. en~~

~~Amendment 70~~

~~Proposal for a directive~~

~~Annex II – point 9 b (new)~~

Text proposed by the Commission

Amendment

~~9b. Bicycles~~

Place of repair

~~Or. en~~

Location or means of handover for repair

~~EXPLANATORY STATEMENT~~

[The place where repair is carried out by the repairer, for instance, at the residence of the consumer, the location of the repair facility or elsewhere]

~~The right to repair proposal~~

[The place where or the means through which the consumer hands over the good for repair, for instance, at the residence of the consumer or the location of the repair facility, or the means of shipment of the good to the repairer]

The proposal by the European Commission for common rules promoting the repair of goods aims to make repair of defective products more attractive and thus increase the repair of consumer goods. Several studies and surveys have shown that consumers have a positive attitude towards repairing goods. Therefore, the Rapporteur wishes to support those trends in consumer as well as business behaviour and promote the so called right to repair. The draft report follows the lines of the Commission proposal to enable consumer participation in the Green Transition towards a sustainable and circular economy. In this regard, the Rapporteur believes the draft report to be complementary to the legislative proposals on Ecodesign Requirements for Sustainable Products and Empowering Consumers for the Green Transition.

~~Incentivising repair within the legal guarantee~~

The draft report aims to clarify central elements of the proposal and to increase the level of ambition. Consumer legislation should encourage the repair of defective products. Therefore, the Rapporteur suggests improving the attractiveness of repair within the legal guarantee under the Sales of Goods Directive by speeding up the requirements for the repair time, decreasing the level of inconvenience by a proposed requirement of a loan product for consumers and confirming the provisions that allows consumers to reject repair as a means of remedy. As consumers are very time sensitive when it comes to the repair of their goods, the Rapporteur proposes to hold producers directly liable for the repair in liability cases under the sales of goods regime. In doing so, the Rapporteur does not intend to change the general distribution of responsibilities established by the Sales of Goods Directive, which makes the seller the only legal counterparty for the consumer. Repairing a product upon the request of the consumer by the producer does therefore not create a new direct contractual relationship between the consumer and the producer but has only as an effect to discharge the seller from his liability towards the consumer under this Directive.

To increase the attractiveness of repair further the legal guarantee period of repaired goods should be extended. This is not only a matter of sustainability but also of legal clarity. Thus, the Rapporteur proposes to extend the legal guarantee period by an additional two years once the seller brought a product back to conformity via a repair.

~~Creating a repair market~~

Outside of the guarantee period, the draft report proposes to strengthen the right of repair for consumers. These ideas will ensure legal clarity for consumers about the obligations on producers and the conditions related to consumers’ repair rights. After careful consideration, the rapporteur decided to enlarge the scope in his draft report as it became clear that there are more product categories on the common market that are reparable. For instance, batteries, motor vehicles or bicycles. Additionally, a demand for more transparency in after-sales situations is included. Not only should producers provide consumers with a detailed overview of the estimated costs of the designated repair, including also the costs of spare parts, the draft report introduces more access to spare parts and information on prices for spare parts for both, independent repairers and consumers. This strengthens the independent repair market and empowers consumers to choose repair independent of producers. With the foreseen complementing measures of the Commission’s proposal, mainly the online platform and the repair information form, independent repairers will be put into a position where they can compete with traditional producers. The creation of a repair market would thus provide consumers with the ability to choose between repair offers, which in turn should drive down the prices for repair and improve the service. Over all, empowering consumers to have their goods repaired and truly supporting the ambition to create a circular and climate neutral economy.

ANNEX: LIST OF ENTITIES OR PERSONS FROM WHOM THE RAPPORTEUR HAS RECEIVED INPUT

The following list is drawn up on a purely voluntary basis under the exclusive responsibility of the rapporteur. The rapporteur has received input from the following entities or persons in the preparation of the draft report:

Entity and/or person

~~Toy Industries of Europe (TIE)~~

APPLiA - Home Appliance Europe

~~Deutscher Verband der Spielwarenindustrie e.V.~~

Back Market

~~Digital Europe~~

BEUC (The European Consumer Organisation)

~~Bitkom~~

BUSINESSEUROPE

~~Samsung~~

DIGITALEUROPE

~~European Environmental Bureau (EEB)~~

EUREFAS - the European refurbishment association

~~Runder Tisch Reparatur~~

The Right to Repair Europe

~~The European Consumer Organisation (BEUC)~~

SMEunited

~~Verbraucherzentrale Bundesverband e.V. (Vzbv)~~

PROCEDURE – COMMITTEE ASKED FOR OPINION

~~Backmarket~~

Title

~~Handelsverband Deutschland (HDE)~~

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

~~Rewe~~

References

~~Schwarz Gruppe~~

COM(2023)0155 – C9-0117/2023 – 2023/0083(COD)

~~Vangerow GmbH~~

Committee responsible

~~Xiamoi~~

Date announced in plenary

IMCO

~~Sony Entertainment~~

17.4.2023

~~Future Meetings will be accessible through the Members’ profile on the European Parliament website.~~

Opinion by

Date announced in plenary

ENVI

17.4.2023

Associated committees - date announced in plenary

12.7.2023

Rapporteur for the opinion

Date appointed

Sunčana Glavak

21.6.2023

Discussed in committee

4.9.2023

Date adopted

12.10.2023

Result of final vote

–:

Members present for the final vote

Catherine Amalric, Maria Arena, Margrete Auken, Marek Paweł Balt, Traian Băsescu, Aurélia Beigneux, Alexander Bernhuber, Malin Björk, Delara Burkhardt, Pascal Canfin, Mohammed Chahim, Maria Angela Danzì, Esther de Lange, Christian Doleschal, Pietro Fiocchi, Heléne Fritzon, Catherine Griset, Teuvo Hakkarainen, Martin Hojsík, Jan Huitema, Petros Kokkalis, Ewa Kopacz, Joanna Kopcińska, Peter Liese, Sylvia Limmer, César Luena, Marian-Jean Marinescu, Tilly Metz, Dolors Montserrat, Alessandra Moretti, Ville Niinistö, Ljudmila Novak, Nikos Papandreou, Jutta Paulus, Francesca Peppucci, Stanislav Polčák, Jessica Polfjärd, Erik Poulsen, Frédérique Ries, Sándor Rónai, Maria Veronica Rossi, Silvia Sardone, Christine Schneider, Ivan Vilibor Sinčić, Nils Torvalds, Edina Tóth, Alexandr Vondra, Mick Wallace, Emma Wiesner, Michal Wiezik, Tiemo Wölken

Substitutes present for the final vote

Matteo Adinolfi, João Albuquerque, Mercedes Bresso, Milan Brglez, Catherine Chabaud, Dacian Cioloş, Christophe Clergeau, Estrella Durá Ferrandis, Jens Gieseke, Romana Jerković, Radan Kanev, Ska Keller, Norbert Lins, Sara Matthieu, Manuela Ripa, Christel Schaldemose, Susana Solís Pérez, Grzegorz Tobiszowski, Nikolaj Villumsen

Substitutes under Rule 209(7) present for the final vote

Rasmus Andresen, Pascal Arimont, Konstantinos Arvanitis, Alessandra Basso, Ana Collado Jiménez, Niclas Herbst, Ladislav Ilčić, Virginie Joron, Alice Kuhnke, Elżbieta Rafalska, Tineke Strik, Lucia Vuolo

FINAL VOTE BY ROLL CALL IN COMMITTEE ASKED FOR OPINION

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