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

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

A-9-2023-0316

Committee on the Internal Market and Consumer Protection · Rapporteur: René Repasi

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Written by a language model from the full text only; every figure comes from the text. The paragraph links open the paragraph a statement rests on — check the text itself before relying on it.

Parliament's amended version of the Commission proposal for a directive on common rules promoting the repair of goods. It strengthens consumers' right to repair, obliges producers to repair goods listed in Annex II, and amends the Sales of Goods Directive on repair and replacement remedies. It makes the European Repair Information Form voluntary, requires Member States to ensure at least one online repair platform, and introduces measures for micro, small and medium-sized enterprises and national repair promotion measures. It extends the legal guarantee by one year for repaired goods, lets consumers address producers directly for repair, and requires a loan replacement good if repair takes too long. It sets penalties for infringements, including fines of at least 4% of annual turnover or at least EUR 2 million, and brings forward application deadlines to 18 months after entry into force.

Committee position. The committee proposes to adopt Parliament's position at first reading with amendments strengthening the right to repair, extending the legal guarantee for repaired goods, allowing direct producer repair, making the European Repair Information Form voluntary, and introducing repair promotion measures and penalties.

Key points

  1. The directive lays down common rules strengthening the right to repair goods for consumers, aiming at a high level of consumer and environmental protection.
  2. Repairers may voluntarily provide the European Repair Information Form on a durable medium; producers or relevant economic operators must give repairers the information needed to complete it.
  3. Upon consumer request, producers must repair goods listed in Annex II, whether or not reparability requirements apply, unless repair is factually or legally impossible; they may not refuse purely on economic grounds.
  4. Repair must be free of charge or for consideration, within a reasonable time, and producers may loan a replacement good or, if repair is impossible, provide a refurbished product.
  5. Producers outside the Union must appoint an authorised representative; otherwise the importer, fulfilment service provider or distributor performs the repair obligation.
  6. Producers must give independent repairers, remanufacturers, refurbishers and end-users access to all spare parts, repair information and tools at reasonable, non-discriminatory cost for at least the expected lifespan, and must not impede repair by contractual, hardware or software techniques.
  7. Producers or sellers must inform consumers of the repair obligation and services free of charge in an easily accessible, clear and comprehensible manner.
  8. Member States must ensure at least one online platform exists to help consumers find repairers, including repair-led communities and repair cafés, with search functions, maps, cross-border services and consumer reviews.
  9. Member States must support micro, small and medium-sized enterprises with guidelines and tailored trainings, and must take measures promoting repair such as repair vouchers or national repair funds.
  10. The Sales of Goods Directive is amended so that where replacement costs equal or exceed repair costs, the seller must repair unless impossible or significantly inconvenient; consumers may also request repair directly from the producer.
  11. The liability period for repaired goods is extended by one year from receipt of the repaired good, and sellers must provide a free replacement or refurbished good on loan if repair cannot be completed in time.
  12. Member States must set effective, proportionate and dissuasive penalties, including fines of at least 4% of annual turnover or at least EUR 2 million, and notify the Commission of their rules within 18 months.

Who is affected

  • Consumers, who gain a strengthened right to repair, an extended guarantee for repaired goods and access to online repair platforms.
  • Producers, who must repair goods listed in Annex II, provide spare parts and information, and inform consumers of the repair obligation.
  • Independent repairers, remanufacturers, refurbishers and end-users, who gain access to spare parts, repair information and tools.
  • Micro, small and medium-sized enterprises, which receive guidelines and tailored trainings from Member States.
  • Sellers, who must repair when replacement costs equal or exceed repair costs and provide loan replacement goods.

Figures and deadlines

  • At least 4% of the seller's or producer's annual turnover: maximum amount of fines.
  • At least EUR 2 million: maximum fine where annual turnover information is unavailable.
  • 18 months from entry into force: deadline for Member States to notify penalty rules and for application of repair obligations.
  • 1 year after receipt of repaired goods: extended liability period for repaired goods.
  • At least twelve months: minimum liability period for repaired parts under Article 9a.
  • 12 months after entry into force: deadline for Member States to communicate existing online platform links.
  • 14 working days of launch: deadline for Member States to communicate new online platform links.
  • 5 years after entry into force: deadline for the Commission's evaluation report.

Legal basis: Article 294(2) and Article 114 of the Treaty on the Functioning of the European Union.