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DRAFT 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

IMCO-PR-749950

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

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The rapporteur's draft report sets out Parliament's position on the proposed directive on common rules promoting the repair of goods, amending Regulation (EU) 2017/2394 and Directives (EU) 2019/771 and (EU) 2020/1828. It requires producers to repair goods listed in Annex II, within 15 calendar days and with a replacement good on loan, and lets them sub-contract repair. It amends Directive (EU) 2019/771 so that sellers must repair when replacement costs are equal to or greater than repair costs, extends the liability period by two years after a first repair, and allows consumers to request repair directly from the producer. It adds motor vehicles, batteries and bicycles to Annex II, requires access to spare parts and repair information at reasonable and non-discriminatory cost, and sets up national repair-promotion measures and an online platform for repair. It shortens transitional periods and transposition deadlines to 12 months and adds rules on penalties, with fines of at least 4% of annual turnover or at least EUR 2 million.

Committee position. The rapporteur proposes to adopt Parliament's position at first reading with amendments that strengthen repair rights: faster repair times, a loan replacement good, direct producer liability, an extended liability period after repair, broader product coverage in Annex II, and better access to spare parts and information.

Key points

  1. Member States must not maintain or introduce national provisions diverging from the directive unless the directive provides otherwise.
  2. Repairers must not alter the conditions of repair in the European Repair Information Form for 30 calendar days from the date it was provided to the consumer.
  3. Upon the consumer's request, producers must repair goods listed in Annex II, unless repair is factually or legally impossible, and must not refuse purely for economic considerations such as costs.
  4. Repair must be free of charge or in return for consideration, carried out within 15 calendar days from the producer obtaining the good, and include the loan of a replacement good.
  5. Where the producer is established outside the Union, its authorised representative, importer, fulfilment service provider, distributor or an online platform provider must perform the repair obligation.
  6. Producers must allow independent repairers and consumers access to all spare parts and repair-related information and tools at a reasonable and non-discriminatory cost for at least the expected lifespan of the product, and publish repair and spare-part prices on their websites.
  7. The Commission may adopt delegated acts to add new reparable goods to Annex II in the light of legislative or market developments.
  8. Member States must keep online platform information accessible and up to date, notify the Commission of platform links within 12 months and of new platforms within 14 working days, and inform consumers and operators about the platform.
  9. Member States must take measures promoting repair, such as repair vouchers or national repair funds, and report them to the Commission.
  10. Member States must take into account criteria for penalties and provide for fines of at least 4% of annual turnover, or at least EUR 2 million where turnover data is unavailable.
  11. Directive (EU) 2019/771 is amended so that sellers must repair when replacement costs are equal to or greater than repair costs, consumers may request repair directly from the producer, and the liability period is extended by two years after a first repair.
  12. Annex II adds motor vehicles and their trailers, batteries and waste batteries, and bicycles to the list of reparable goods.

Who is affected

  • Producers of goods listed in Annex II, including those established outside the Union, must repair goods and provide access to spare parts and information.
  • Sellers must repair when replacement costs are equal to or greater than repair costs and are discharged from liability when the producer repairs.
  • Consumers gain the right to request repair from producers, a loan replacement good, and an extended liability period after repair.
  • Independent repairers gain access to spare parts, repair information and tools at reasonable and non-discriminatory cost.
  • Member States must promote repair, maintain online platforms and set penalties for infringements.

Figures and deadlines

  • 30 calendar days: period during which repairers must not alter the conditions of repair in the European Repair Information Form.
  • 15 calendar days: period within which repair must be carried out from the producer obtaining the good.
  • 12 months after entry into force: deadline for Member States to communicate existing online platform links to the Commission.
  • 14 working days: deadline for Member States to communicate the link of every new online platform after its launch.
  • 24 months after the date of transposition: deadline for the Commission to make Member States' repair-promotion measures publicly available.
  • 12 months after the date of transposition: deadline for Member States to report repair-promotion measures to the Commission.
  • 4% of annual turnover: minimum maximum amount of fines for infringements.
  • EUR 2 million: minimum maximum amount of fines where annual turnover information is unavailable.

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