BETA

14 Amendments of Romana TOMC related to 2023/0083(COD)

Amendment 71 #
Proposal for a directive
Recital 2 a (new)
(2a) For this reason, this Directive seeks the highest possible level of harmonization. Only full harmonization will ensure that consumers in the EU will have the same rights everywhere concerning warranties and their rights to repair. Harmonized rules will ensure effective consumer protection through clearer information and enforcement at a European level, regardless of the place of residence.
2023/09/08
Committee: IMCO
Amendment 93 #
Proposal for a directive
Recital 11
(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. However, that obligation cannot persist for an unlimited amount of time, since that may limit the economic choice of a producer to no longer produce a specific product. Therefore that obligation should only be enforceable for a time period of 10 years and only if the product in question is still being produced at the time of the repair request. The economic freedom of choice to stop manufacturing a product must be guaranteed. In that case the repair becomes factually impossible.
2023/09/08
Committee: IMCO
Amendment 120 #
Proposal for a directive
Recital 17
(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. __________________ 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)Commission may propose the revision of this Directive following the ordinary legislative procedure.
2023/09/08
Committee: IMCO
Amendment 144 #
Proposal for a directive
Recital 25
(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. __________________ 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).deleted
2023/09/08
Committee: IMCO
Amendment 240 #
Proposal for a directive
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 in order to fulfil its obligation to repair.
2023/09/08
Committee: IMCO
Amendment 257 #
Proposal for a directive
Article 5 – paragraph 3
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. Producers shall ensure, that the software of their products does not restrict or impose barriers in the application of the product in the case of repair by independent repairers.
2023/09/08
Committee: IMCO
Amendment 273 #
Proposal for a directive
Article 5 – paragraph 4
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.
2023/09/08
Committee: IMCO
Amendment 283 #
Proposal for a directive
Article 6 – paragraph 1
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 free of charge, for example through the online platform referred to in Article 7.
2023/09/08
Committee: IMCO
Amendment 305 #
Proposal for a directive
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.
2023/09/08
Committee: IMCO
Amendment 312 #
Proposal for a directive
Article 8 – paragraph 2 – point b
(b) organisations having a legitimate interest in protecting consumers or the environment;deleted
2023/09/08
Committee: IMCO
Amendment 341 #
Proposal for a directive
Article 12 – paragraph 1 – introductory part
In Article 13(2) of Directive (EU) 2019/771 the following sentence is added:paragraph is added: (X) 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 6 months 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."
2023/09/08
Committee: IMCO
Amendment 343 #
Proposal for a directive
Article 12 – paragraph 1
Directive (EU) 2019/771
Article 13 – paragraph 2
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.deleted
2023/09/08
Committee: IMCO
Amendment 351 #
Proposal for a directive
Article 12 – paragraph 1
Directive (EU) 2019/771
Article 10 – paragraph 3
Article 10 paragraph 3 of the Directive (EU) 2019/771 is deleted.
2023/09/08
Committee: IMCO
Amendment 361 #
Proposal for a directive
Article 15
1. is conferred on the Commission subject to the conditions laid down in this Article. 2. referred to in Article 5(4) shall be conferred on the Commission for a period of six years from [one month after the entry into force of this act]. The Commission shall draw up a report in respectArticle 15 deleted Exercise of the delegation ofThe power not later than nine months before the end of the six-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unlesto adopt delegated acts tThe European Parliament or the Council opposes such extension not later than three months before the end of each period. 3. to in Article 5(4) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to tpower to adopt delegated acts The delegation of the power specified in that decision. It shall take effect on the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force. 4. the Commission shall consult experts designated by each Member State acting in accordance with the principles laid down in the Inter-institutional Agreement of 13 April 2016 on Better Law-Making. 5. act, the Commission shall notify it simultaneously to the European Parliament and to the Council. 6. to Article 5(4) shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.referred Before adopting a delegated act, As soon as it adopts a delegated A delegated act adopted pursuant
2023/09/08
Committee: IMCO