BETA

19 Amendments of Marion WALSMANN related to 2023/0083(COD)

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 97 #
Proposal for a directive
Recital 12
(12) Since the obligation to repair imposed on producers under this Directive covers defects that are not due to the non- conformity of the goods with a sales contract, producers may provide repair against a price paid by the consumer, against another kind of consideration, or for free. The charging of a price should encourage producers to develop sustainable business models, including the provision of repair services. Such a price may take into account, for instance, labour costs, costs for spare parts, costs for operating the repair facility and a customary margin. The price for and the conditions of repair should be agreed in a contract between the consumer and the producer and the consumer should remain free to decide whether that price and those conditions are acceptable. The need for such a contract and the competitive pressure from other repairers should encourage producers who are obliged to repair to keep the price acceptable for the consumer. The repair obligation may also be performed for free when the defect is covered by a commercial guarantee, for instance, in relation to guaranteed durability of goods. To incentivise consumers to have their product repaired outside of the legal guarantee, a producer may offer a loan of a replacement or refurbished good for the duration of the repair, which is expected to be returned once the consumer receives the repaired good.
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 151 #
Proposal for a directive
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, public authorities and other stakeholders or by issuing a standardisation request to the European standardisation organisations and SME 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, and the special conditions and challenges for SMEs.
2023/09/08
Committee: IMCO
Amendment 173 #
Proposal for a directive
Recital 33 a (new)
(33a) Fostering reparability at EU level requires a smart mix of measures not exclusively rule-based. This Directive should be accompanied by other national initiatives to counter the skills shortage to ensure that reparability services within the European Union can be provided in the future.
2023/09/08
Committee: IMCO
Amendment 174 #
Proposal for a directive
Recital 33 b (new)
(33b) Additional incentives may be considered necessary, therefore Member States should explore measures such as lower VAT rates or reduced taxes on services and labour in order to further incentive customers to opt for a good being repaired instead of replaced. In addition, Member States should pay particular attention to micro, small and medium sized enterprises as their businesses are a vital part of the repair chain.
2023/09/08
Committee: IMCO
Amendment 175 #
Proposal for a directive
Recital 33 c (new)
(33c) Consumer behaviour is shaped by a wide variety of aspects. When choosing between repair and new purchase, decision criteria such as economic efficiency, durability, proximity of a repair service, and the time required play an important role. Besides the provisions laid out in this Directive, awareness- raising measures for a culture of repair, improving consumers’ knowledge about proper cleaning and care of products, and improving consumers’ knowledge about the existing rights in terms of legal guarantee should be strengthened to boost the demand for reparability services.
2023/09/08
Committee: IMCO
Amendment 245 #
Proposal for a directive
Article 5 – paragraph 1 a (new)
1a. Producers shall be able to provide refurbished goods as an alternative 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 266 #
Proposal for a directive
Article 5 – paragraph 3 a (new)
3a. Consumers shall be able to seek quality and affordable repair from a repairer of their choice using either original, compatible or second-hand parts that comply with relevant EU standards and regulations.
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 280 #
Proposal for a directive
Article 5 – paragraph 4 a (new)
4a. Producers shall not refuse to service or repair a device that was bought or previously repaired outside of their authorised service or distribution networks.
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 309 #
Proposal for a directive
Article 7 a (new)
Article 7a Measures to inform about consumers rights Member States shall take measures to ensure that consumers are informed about their consumer rights with regard to this Directive and may take measures that enable consumers to find relevant repairers, which can be done through, for example, the creation of an online platform, a dedicated information campaign, or any other means that the Member State deems appropriate. The creation of an online platform shall not impede the functioning of existing private repair platforms.
2023/09/08
Committee: IMCO
Amendment 316 #
Proposal for a directive
Article 8 a (new)
Article 8a Micro, small and medium sized enterprises Member States shall take appropriate measures to help small and medium sized enterprises within the meaning of the Commission recommendation 2003/361/EC apply the requirements set out in this Directive. Those measures shall at least include: guidelines on how to demonstrate compliance with the requirements set out in this Directive.
2023/09/08
Committee: IMCO
Amendment 317 #
Proposal for a directive
Article 8 b (new)
Article 8b Micro, small and medium sized enterprises Member States shall ensure that appropriate measures are taken to help micro, small and medium sized enterprises within the meaning of Commission Recommendation 2003/362/EC to apply the requirement set out in this Directive.
2023/09/08
Committee: IMCO
Amendment 348 #
Proposal for a directive
Article 12 – paragraph 1
Directive (EU) 2019/771
Article 13 (2)
InBy way of derogation from the first sentenceubparagraph 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. By way of derogation from the previous second subparagraph of this paragraph, producers shall be able to provide a refurbished good to a consumer as an alternative to repair. In such cases, consumers shall be clearly informed that a refurbished good is not the same as a replacement good.
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
Amendment 367 #
Proposal for a directive
Article 16 a (new)
Article 16a Evaluation By [5 years after the entry into force of this Directive], the Commission shall carry out an evaluation of this Directive and in particular assess its impact, on the proper functioning of the internal market, the level of consumer protection, its impact on businesses, particularly on micro, small and medium enterprises and the improvement of the sustainable consumption of products. The Commission shall draw up a report on its main findings and submit it to the European Parliament, the Council, the European Economic and Social Committee, and the Committee of the Regions.
2023/09/08
Committee: IMCO