14 Amendments of Brando BENIFEI related to 2023/0083(COD)
Amendment 78 #
Proposal for a directive
Recital 4 a (new)
Recital 4 a (new)
(4a) Consumer behaviour consists of a wide variety of aspects. When choosing between repair and purchase of a new product, decision criteria, such as economic convenience, durability, availability and proximity of a repair service, and the time required for a repair play a key role. In addition to the provisions laid down in this Directive, awareness-raising measures to promote a culture of repair, the improvement of consumers' knowledge on proper maintenance and care of products and knowledge of their existing rights including in terms of legal guarantee, as well as financial incentives for consumers, producers and repairers should be equivalently promoted and fostered.
Amendment 107 #
Proposal for a directive
Recital 14
Recital 14
(14) The requirements laid down in delegated acts adopted pursuant to Regulation [on the Ecodesign for Sustainable Products] or implementing measures adopted pursuant to Directive 2009/125/EC of the European Parliament and of the Council16 , according to which producers should provide access to spare parts, repair and maintenance information or any repair related software tools, firmware or similar auxiliary means, apply. Those requirements ensure the technical feasibility of repair, not only by the producer, but also by other repairers. As a consequence, the consumer can select a repairer of its choice. In addition to these measures, access to spare parts for consumers and independent repairers and related information should be provided at a reasonable and non-discriminatory cost and upon short notice. __________________ 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 113 #
Proposal for a directive
Recital 15
Recital 15
(15) The obligation to repair should also be effective in cases where the producer is established outside the Union. In order to enable consumers to turn to an economic operator established within the Union to perform this obligation, this Directive foresees a sequence of alternative economic operators requiredthe obligation for producers established outside the Union to appoint an authorised representative to perform their obligation to repair of the producer in such cases. This should enable producers located outside the Union to organise and perform their obligation to repair within the Union.
Amendment 150 #
Proposal for a directive
Recital 27
Recital 27
(27) The Commission should enable the development of a voluntary European quality standard for repair services, for instance by encouraging and facilitating voluntary cooperation on a standard between businesses, in particular SME organizations, public authorities and other stakeholders or by issuing a standardisation request to the European standardisation organisations. A European standard for repair services could boost consumer trust in repair services across the Union. Such standard should take into account the specific needs of SMEs and it could include aspects influencing consumer decisions on repair, such as the time to complete repair, the availability of temporary replacement goods, quality assurances such as a commercial guarantee on repair, and the availability of ancillary services such as removal, installation and transportation offered by repairers.
Amendment 201 #
Proposal for a directive
Article 4 – paragraph 2 a (new)
Article 4 – paragraph 2 a (new)
2a. Producers shall provide repairers with all relevant information to enable them to fill the European Repair Information Form.
Amendment 215 #
Proposal for a directive
Article 4 – paragraph 4 – point e
Article 4 – paragraph 4 – point e
(e) the price or, if the price cannot reasonably be calculated in advance, the manner in which the price is to be calculated and the maximum price expected for the repair;
Amendment 234 #
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Member States shallmay take legislative or non-legislative measures to 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 requirementgoods 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 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 repairquest purely due to economic considerations such as the costs. The producer may fulfil its obligation by sub- contracting repair or by arranging organizational measures able to guarantee the consumer's right to repair. These measures include the obligation to provide all information, specifications and elements so as to enable the repairer, at the request of the consumer, to effectively repair the good.
Amendment 244 #
Proposal for a directive
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
1a. When a producer is established outside the Union, it shall appoint, by written mandate, an authorised representative established in the Union to ensure compliance with this Directive. It shall ensure that its authorised representative has the resources and the mandate to fulfil its obligations set out in this Directive and comply with requests and administrative decisions of market surveillance authorities;
Amendment 251 #
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Where the producer obliged to repair pursuant to paragraph 1 is established outside the Union, its authorised representative in the Union shall perform the obligation of the producer. Where the producer has no authorised representative in the Union, the importer of the good concerned shall perform the obligation of the producer. Where there is no importer, the distributor of the good concerned shall perform the obligation of the producer.
Amendment 263 #
Proposal for a directive
Article 5 – paragraph 3
Article 5 – paragraph 3
3. PFor all goods listed in Annex II, producers shall ensure thatallow independent repairers haveand consumers’ access to all spare parts and all repair-related information and tools in accordance with the Union legal acts listeat a reasonable and non-discriminatory cost and ion Annex II. short notice.
Amendment 301 #
Proposal for a directive
Article 7 – paragraph 3
Article 7 – paragraph 3
3. Registration on the online platform for repairers, as well as for sellers of goods subject to refurbishment and for purchasers of defective goods for refurbishment, shall be voluntary. Member States shall determine the access to the platform in accordance with Union law. The use of the online platform shall be free of charge for consumers and independent repairers which are micro or small enterprises pursuant to Commission Recommendation 2003/361/EC.
Amendment 319 #
Proposal for a directive
Article 9 a (new)
Article 9 a (new)
Article 9a Member States measures promoting repair 1. Member States shall put in place appropriate measures to promote repair, to raise awareness among producers and consumers, and to make repair more attractive. 2. The measures referred to in paragraph 1 may, for example, take the form of repair vouchers, national repair funds, fiscal incentives, awareness campaigns or other measures and incentives. 3. Member States shall report to the Commission the measures taken under paragraph 1. By ... [24 months after the date of transposition of this Directive], the Commission shall make the measures introduced by Member States publicly available. Member States shall report to the Commission on the applicable measures by...[ 12 months year after the date of transposition of this Directive].
Amendment 321 #
Proposal for a directive
Article 9 b (new)
Article 9 b (new)
Article 9b Measures for Small and Medium-sized enterprises (SMEs) 1. Member States shall take appropriate measures to support small and medium-sized enterprises within the meaning of Commission Recommendation 2003/361/EC in complying with the requirements and obligations set out in this Directive. Those measures shall at least include: (a) guidelines or similar measures to raise awareness on ways to comply with said requirements and obligations; (b) tailored trainings for entrepreneurs and their employees.
Amendment 325 #
Proposal for a directive
Article 11 – paragraph 1 a (new)
Article 11 – paragraph 1 a (new)
1a. Member States shall ensure that the following non-exhaustive and indicative criteria are taken into account for the imposition of penalties, where appropriate: (a) the nature, gravity, scale and duration of the infringement; (b) any action taken by the operator to mitigate or remedy the damage suffered by consumers; (c) any previous infringements by the operator; (d) the financial benefits gained or losses avoided by the operator due to the infringement, if the relevant data are available; (e) penalties imposed on the operator for the same infringement in other Member States in cross-border cases where information about such penalties is available through the mechanism established by Regulation (EU) 2017/2394 of the European Parliament and of the Council ; (f) any other aggravating or mitigating factors applicable to the circumstances of the case.