27 Amendments of Kosma ZŁOTOWSKI related to 2023/0083(COD)
Amendment 103 #
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. To complement those measures, access for independent repairers, remanufacturers, refurbishes and consumers to spare parts and at minimum technical diagram of the device should be provided for a period foreseen by the relevant Union laws. Consequently, the consumer will be able to select a repairer or other provider of its choice or where capable, carry out the repair on its own. Complexity and safety of the repair is linked with the type of device. Where it could be reasonably foreseen that the performance of repair by the average consumer could lead to safety hazard or requires advanced tools, the producers should explicitly warn the consumer. __________________ 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 114 #
Proposal for a directive
Recital 15 a (new)
Recital 15 a (new)
(15a) Promoting reparability within the EU necessitates a combination of actions beyond just regulatory measures. This directive should be complemented by efforts to address the existing skills gap, ensuring the availability of reparability services within the European Union, including through unimpeded cross- border provision of repair services. Furthermore, the EU should consider approaches like offering reduced VAT rates, repair incentives, or tax cuts on services and labour to enhance the demand for reparability services.
Amendment 137 #
Proposal for a directive
Recital 22
Recital 22
(22) Member States should ensure that all economic operators that may provide repair services in the Union have easy access to the online platform, in line with mutual recognition. 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 repairersMember States should especially fully apply the provisions foreseen in Directive (EU) 2018/958 and Articles 5, 6 and 7 of Directive (EU) 2005/36/EC. Enabling repairers, whether covered by professional qualifications or not, 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.
Amendment 156 #
Proposal for a directive
Recital 27
Recital 27
(27) The Commission should enable the development of a voluntary European quality standard for repair services within 36 months, 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.
Amendment 158 #
Proposal for a directive
Recital 28
Recital 28
(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.
Amendment 198 #
Proposal for a directive
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Member States shall ensure that, before a consumer is bound by a contract for the provision of repair services, unless it is unfeasible to estimate the repair cost without on-site assessment of the good, the repairer shall provide the consumer, upon request, with mandatory information, for example by mean of the European Repair Information Form set out in Annex I on a durable medium within the meaning of Article 2 (11) of Directive 2019/771/EU. The mandatory information shall be provided to consumer in a clear and unambiguous language or form.
Amendment 206 #
Proposal for a directive
Article 4 – paragraph 3 – subparagraph 2
Article 4 – paragraph 3 – subparagraph 2
Without prejudice to Directive 2011/83/EU, the repairer shall inform the consumer about the costs referred to in the first subparagraph before the consumer requests the provision of the European Repair Information Formmandatory repair information, for example by means of European Repair Information Form. The repairer may deduct such costs out of the price of the repair service, if the consumer chooses to have the product repaired.
Amendment 210 #
Proposal for a directive
Article 4 – paragraph 4 – introductory part
Article 4 – paragraph 4 – introductory part
4. The European Repair Information Form shall specify the following conditions of repair in a clear and comprehensible manne, or other form of informing the consumer shall specify the following mandatory information on conditions of repair:
Amendment 214 #
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 range expected for the repair;
Amendment 220 #
Proposal for a directive
Article 4 – paragraph 4 – point i
Article 4 – paragraph 4 – point i
(i) where applicable, the availability of ancillary services, such as removal, installation and transportation, offered by the repairer and the costs of those services, if any, for the consumer. Without prejudice to other obligations stipulated in Article 13 of Directive (EU) 2019/771, the provider of repair service shall, as a minimum requirement, be obliged to assess liability for any lack of conformity for the repaired part or parts, aspects or feature of the good, which exists at the time the consumer received the repaired goods and which becomes apparent within six month after that time;
Amendment 223 #
Proposal for a directive
Article 4 – paragraph 4 – point i a (new)
Article 4 – paragraph 4 – point i a (new)
(ia) additional information provided voluntarily by the repairer.
Amendment 224 #
Proposal for a directive
Article 4 – paragraph 5
Article 4 – paragraph 5
5. The repairer shall not alter the conditions of repair specified in the European Repair Information Form or by other mean 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 or there is a need to correct a manifest mistake. Repairers other than the producers, authorised representatives, importers or distributors who have an obligation to repair by virtue of Article 5 or where applicable their subcontractors, may refuse the repair, based on duly justified reasons presented to the consumer, which prevent the performance of the repair. 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.
Amendment 229 #
Proposal for a directive
Article 4 – paragraph 6 a (new)
Article 4 – paragraph 6 a (new)
6a. Member States shall ensure that producers inform consumers of their obligation pursuant to this Article and provide information on the repair services in an easily accessible, clear and comprehensible manner, for example through the European Repair Information Form mentioned in this Article.
Amendment 233 #
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
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, unless a more cost-effective and environment- friendly option is available and accepted by the consumer. The responsible entity shall not be obliged to repair such goods where repair is impossible, for instance, when the producer ceased its operations, technically or economically unfeasible. The producer may sub-contract repair or if accepted by the consumer, offer refurbished good as a replacement, for free or against a price or another kind of consideration, in order to fulfil its obligation to repair.
Amendment 248 #
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. Where the distributor or importer are aware that repair is impossible, for instance, when the producer ceased its operations, the importer shall provide this information to the distributor, and distributor to the consumer before purchase of the product in a clear and unambiguous manner.
Amendment 262 #
Proposal for a directive
Article 5 – paragraph 3
Article 5 – paragraph 3
3. Producers shall ensure that independent repairers, remanufacturers, refurbishers and consumers have access to spare parts and repair-related information and tools in accordance with the Union legal acts listed in Annex II.
Amendment 268 #
Proposal for a directive
Article 5 – paragraph 3 a (new)
Article 5 – paragraph 3 a (new)
3a. Producers shall not impede the use of compatible parts manufactured by third party providers that comply with EU standards and safety regulations.
Amendment 269 #
Proposal for a directive
Article 5 – paragraph 3 b (new)
Article 5 – paragraph 3 b (new)
3b. Upon request, producers shall inform the third party manufacturer of the spare parts regarding non- discriminatory, minimum qualitative requirements regarding the spare parts concerning safety or cybersecurity functions of the device. Subject to derogation to paragraph 3a of this Article, such a requirement may be established by the producer in order to maintain the integrity and high quality of the device.
Amendment 271 #
Proposal for a directive
Article 5 – paragraph 3 c (new)
Article 5 – paragraph 3 c (new)
3c. Subject to limitation set out in paragraph 3b, producers shall not implement any contractual, hardware or software technique preventing use of spare parts manufactured by a third party. Producers shall not implement any contractual, hardware or software technique preventing or limiting independent repair outside of their authorised networks nor refuse to repair the good on the basis that it was previously repaired outside its authorised service or distribution network.
Amendment 287 #
Proposal for a directive
Article 7 – paragraph 1 – introductory part
Article 7 – paragraph 1 – introductory part
1. Member States shall ensure that at least one online platform exists for their territory that allows consumers to find repairersfacilitate and encourage private entities to establish at least one online platform within their territory that allows consumers to find repairers. Member States may in particular consider: (a) supporting the compliance with administrative and technical requirements set out in the national and Union laws; (b) introducing mechanisms for full digitalisation of administrative operations, coupled with fast-track administrative procedures to expedite the establishment and operation of such platforms; (c) providing fiscal incentives, such as tax credits, reductions, or exemptions, specifically tailored for entities operating or initiating online repair platforms; (d) offering direct financial support, which can be in the form of grants, low- interest loans, or other financing models, to catalyse the launch and sustainability of these platforms; (e) promoting partnerships between new platforms and established institutions, whether educational or technical, to foster innovation and quality assurance in repair services; 1a. That platform shall:
Amendment 292 #
Proposal for a directive
Article 7 – paragraph 1 – point a
Article 7 – paragraph 1 – point a
(a) include search functions regarding goods, location of repair services and possibility to provide cross border services, repair conditions, including the time needed to complete the repair, the availability of temporary replacement goods and the place where the consumer hands over the goods for repair, availability and conditions of ancillary services, including removal, installation and transportation, offered by repairers, and applicable European or national quality standards;
Amendment 296 #
Proposal for a directive
Article 7 – paragraph 1 – point f a (new)
Article 7 – paragraph 1 – point f a (new)
(fa) allow for a search function by product category to find sellers of goods subject to refurbishment and purchasers of defective goods for refurbishment;
Amendment 297 #
Proposal for a directive
Article 7 – paragraph 2
Article 7 – paragraph 2
Amendment 303 #
Proposal for a directive
Article 7 – paragraph 3
Article 7 – paragraph 3
3. Registration on the online platform for repairers, suppliers of spare parts 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 direct charges for consumers.
Amendment 310 #
Proposal for a directive
Article 7 a (new)
Article 7 a (new)
Article 7a Principle of the free provision of repair services 1. Member States shall avoid introducing disproportionate qualification requirements for professional repair services in line with Directive (EU) 2018/958; 2. Member States shall not reject the provision of repair services by the provider established in another Member State nor impede its operations by conducting checks, inspections or investigations which are discriminatory or disproportionate.
Amendment 332 #
Proposal for a directive
Article 12
Article 12
Amendment to Directive (EU) 2019/771 In Article 13(2) of Directive (EU) 2019/771 the following sentence is added: ‘ 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. ’rticle 12 deleted
Amendment 360 #
Proposal for a directive
Article 14 a (new)
Article 14 a (new)