Activities of Anne-Sophie PELLETIER related to 2023/0083(COD)
Plenary speeches (1)
Common rules promoting the repair of goods
Shadow reports (1)
REPORT 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
Amendments (33)
Amendment 73 #
Proposal for a directive
Recital 3
Recital 3
(3) In order to reduce premature disposal of viable goods purchased by consumers and to encourage consumers to use their goods longer, it is necessary to set out rules on repair of such goodscreate into the European law a universal consumer right to repair, whereby consumers can seek quality and affordable repair from the provider of their choice. Repair should result in more sustainable consumption, since it is likely to generate less waste caused by discarded goods, less demand for resources, including energy, caused by the process of manufacturing and sale of new goods replacing defective goods, as well as less greenhouse gas emissions. This Directive promotes sustainable consumption in view of achieving benefits for the environment while also producing benefits for consumers by avoiding costs associated with new purchases in the short term.
Amendment 87 #
Proposal for a directive
Recital 9
Recital 9
(9) There are situations in which a repairer incurs costs necessary for providing the information on repair and price included in the European Repair Information Form. For instance, the repairer may need to inspect the goods to be able to determine the defect or type of repair that is necessary, including the need for spare parts, and to estimate the repair price. In these cases, a repairer may only request a consumer to pay the costs that are necessary for providing the information included in the European Repair Information Form. These costs are strictly limited to the actions required to correctly estimate the repair information and must in no way constitute an obstacle to the rest of the repair process nor have a dissuasive effect on the repair in general. In line with the pre- contractual information and other requirements set out in Directive 2011/83/EU, the repairer should inform very clearly the consumer about such costs before the consumer requests the provision of the European Repair Information Form. Consumers may refrain from requesting the European Repair Information Form where they consider that the costs for obtaining that form are too high. These costs shall also be deducted from the final price of the repair, where applicable.
Amendment 94 #
Proposal for a directive
Recital 11
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. Depending on the case, this obligation may also be incumbent on sellers, importers or authorised representatives.
Amendment 100 #
Proposal for a directive
Recital 12
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. It may not exceed the initial purchase price of the property and must remain accessible, attractive and non- discriminatory. 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.
Amendment 104 #
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 and consumers to spare parts, the related information, any tool and auxiliary means should be provided at a reasonable cost and in a non- discriminatory manner, for a period corresponding to at least the expected lifespan of the product. Consequently, this should ensure competition and benefit consumers with better services and lower prices when selecting a repairer. __________________ 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 112 #
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 required to perform the obligation to repair of the producer in such cases. This should enable pFulfilment services providers and online platforms should also be covered by this Directive. This should prevent situations where no economic operators is established in the Union to fulfil the repair obligation. Producers located outside the Union to organise and perform their obligation to repair within the Union.
Amendment 117 #
Proposal for a directive
Recital 16
Recital 16
(16) To avoid overburdening producers and to ensure they are able to perform their obligation to repair, that obligation should be limited to those products for which and to the extent any reparability requirements are provided for in Union legal acts. Reparability requirements do not oblige producers to repair defective goods, but ensure that goods are reparable. Such reparability requirements can be laid down in relevant Union legal acts. Examples are 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 Council17 , which create a framework to improve the environmental sustainability of products. This limitation of the obligation to repair ensures that only those goods which are reparable by design are subject to such obligation. Relevant reparability requirements include design requirements enhancing the ability to disassemble the goods and a range of spare parts to be made available for a minimum period. The obligation to repair corresponds to the scope of the reparability requirements, for instance, ecodesign requirements may apply only to certain components of the goods or a specific period of time may be set to make spare parts available. The obligation to repair under this Directive, which allows the consumer to claim repair directly against the producer in the after- sales phase, complements the supply-side related reparability requirements laid down in Regulation [on the Ecodesign Sustainable Products], should encouraginge consumer demand for repair. __________________ 17 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).
Amendment 128 #
Proposal for a directive
Recital 19
Recital 19
(19) In line with Directive (EU) 2019/771, a producer should be exempted from the obligation to repair where repair is factually or legally impossible, unless it is proved that he himself has made the repair materially impossible. For example, the producer should not refuse repair for purely economic reasons, such as the costs of spare parts. National law implementing Directive (EU) 2019/771 or the preceding Directive 1999/44/EC of the European Parliament and of the Council19 is already using the criterion whether repair is impossible and national courts are applying it. __________________ 19 Directive 1999/44/EC of the European Parliament and of the Council of 25 May 1999 on certain aspects of the sale of consumer goods and associated guarantees (OJ L 171, 7.7.1999, p. 12).
Amendment 149 #
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, public authorities and other stakeholders such as independent and community repair providers and refurbishers, 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. The standard shall not be limited to repairers that are trained, employed or contracted by the manufacturer or exclude independent repair providers.
Amendment 169 #
Proposal for a directive
Recital 30
Recital 30
(30) In order to allow economic operators to adapt, transitional provisions concerning the application of some Articles of this Directive should be introduced. Thus, the obligations to repair and to provide related information on this obligation should apply to contracts for the provision of repair services after [124 months after the entry into force]. The amendment to Directive (EU) 2019/771 should apply only to sales contracts concluded after [124 months after the entry into force] to ensure legal certainty and to provide sellers with sufficient time to adapt to the amended remedies of repair and replacement.
Amendment 179 #
Proposal for a directive
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Directive lays down common rules promotingto recognise a universal right to repair goods for consumers and to encourage and promote the repair of goods, with a view to contributing to the proper functioning of the internal market, while providing for a high level of consumer and environmental protection.
Amendment 181 #
Proposal for a directive
Article 2 – paragraph 1 – point 2
Article 2 – paragraph 1 – point 2
2. ‘repairer’ means any natural or legal person who, related to that person’s trade, business, craft or profession, provides a repair service, including producers and sellers that provide repair services and repair service providers whether independent or affiliated with such producers or sellers, and community repair initiatives such as repair cafés;
Amendment 190 #
Proposal for a directive
Article 3 – paragraph 1
Article 3 – paragraph 1
Member States shall not maintain or introduce in their national law provisions diverging from those laid down in this Directive, unless such provisions are more ambitious than the minimum level of harmonisation provided for in this Directive.
Amendment 195 #
Proposal for a directive
Article 3 a (new)
Article 3 a (new)
Article 3a 1. Consumers shall be able to seek quality and affordable repair from the provider of their choice using either original, compatible or reused second- hand parts that comply with EU standards, safety and environmental regulations. 2. Manufacturers or distributors shall not mislead consumers into thinking exercising their right to repair may generate technical or safety related risks.
Amendment 202 #
Proposal for a directive
Article 4 – paragraph 3 – subparagraph 1
Article 4 – paragraph 3 – subparagraph 1
The repairer may request the consumer to pay the necessary costs the repairer incurs for providing the information included in the European Repair Information Form. These costs are strictly limited to the actions required to correctly estimate the repair information and must in no way constitute an obstacle to the rest of the repair process nor have a dissuasive effect on the repair in general.
Amendment 207 #
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 Form. These costs shall be deducted from the final price of the repair, where applicable.
Amendment 239 #
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 IIany reparable good. 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.
Amendment 253 #
Proposal for a directive
Article 5 – paragraph 3
Article 5 – paragraph 3
3. Producers shall not implement any contractual, hardware or software technique preventing or limiting independent repair outside of their authorized networks. Producers shall enable the use of both original, compatible or reused second-hand parts that comply with EU standards, safety and environmental regulations for repair. Producers shall ensure that independent repairers have access to original spare parts and repair-related information, and tools in accordance with the Union legal acts listed in Annex IIs well as other specifications required to ensure the compatibility of spare parts, and tools at a reasonable and non- discriminatory price.
Amendment 264 #
Proposal for a directive
Article 5 – paragraph 3 a (new)
Article 5 – paragraph 3 a (new)
3a. Access to repair-devices and repair documentation shall be ensured by producers over a period of time depending upon the average life expectancy of the product and has to be ensured over this period of time also after production has been stopped. Producers shall make available on their websites all repair documentation.
Amendment 279 #
Proposal for a directive
Article 5 – paragraph 4 a (new)
Article 5 – paragraph 4 a (new)
4a. The Commission shall ensure that guidelines are created within one year from the adoption of this Directive, defining specific criteria for assessing compliance with reasonable and non- discriminatory pricing.
Amendment 295 #
Proposal for a directive
Article 7 – paragraph 1 – point f
Article 7 – paragraph 1 – point f
(f) ensure accessibility for persons with disabilities and vulnerable consumers
Amendment 299 #
Proposal for a directive
Article 7 – paragraph 3
Article 7 – paragraph 3
3. Registration on the online platform for repairers, as well as for community repair initiatives such as repair cafés, 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. Member States shall provide a national internet portal through which consumers can access free of charge the online platform as established in accordance with paragraph 1.
Amendment 306 #
Proposal for a directive
Article 7 – paragraph 3 a (new)
Article 7 – paragraph 3 a (new)
3a. Member States shall take appropriate measures to ensure that consumers are informed in a clearly visible way by the seller at the point of sale about the existence and services offered by the online platform and the possibilities for repair.
Amendment 313 #
Proposal for a directive
Article 8 – paragraph 2 – point b
Article 8 – paragraph 2 – point b
(b) organisations having a legitimate interest in protecting consumerspromoting consumer protection or the environment;
Amendment 329 #
Proposal for a directive
Article 11 – paragraph 2
Article 11 – paragraph 2
2. Member States shall, by 124 months from the entry into force notify the Commission of the rules and of the measures referred to in paragraph 1and shall notify it without delay of any subsequent amendment affecting them.
Amendment 338 #
Proposal for a directive
Article 12 – paragraph 1
Article 12 – paragraph 1
In Article 13(2) of Directive (EU) 2019/771 the following sentence is added:ubparagraph is added: In order to have the goods brought into conformity, they shall be repaired in accordance with Art. 14. Goods sold as used or refurbished may also be replaced by used or refurbished goods of the same type.
Amendment 339 #
Proposal for a directive
Article 12 – paragraph 1 a (new)
Article 12 – paragraph 1 a (new)
In Article 14(1) of Directive (EU) 2019/771 the following point is added: (aa) by a local service provider of the consumer’s choice, provided that they are registered in the Online platform for repair in accordance with Article 7. The seller shall offer the service provider fair and non-discriminatory compensation for the performed repair.
Amendment 340 #
Proposal for a directive
Article 12 – paragraph 1 b (new)
Article 12 – paragraph 1 b (new)
In Article 14 of Directive (EU) 2019/771, paragraph 3 is replaced by the following: Where a repair requires the removal of goods that had been installed in a manner consistent with their nature and purpose before the lack of conformity became apparent, or where such goods are to be replaced, the obligation to repair or replace the goods shall include the removal of the non-conforming goods, and the installation of replacement goods or repaired goods. The seller shall bear the costs of that removal and installation.
Amendment 344 #
Proposal for a directive
Article 12 – paragraph 1
Article 12 – paragraph 1
Directive (EU) 2019/771
Article 13 – paragraph 2
Article 13 – paragraph 2
Amendment 359 #
Proposal for a directive
Article 14 a (new)
Article 14 a (new)
Article 14a Financial Incentives 1. Member States shall develop fiscal and financial incentives to make the repair and refurbishment of products more attractive to consumers, thereby encouraging a shift towards a circular economy and a more sustainable consumption. 2. Member States may establish nationwide schemes that enable consumers to claim back a portion of the cost incurred for repairs. These schemes may also subsidise a portion of the price for purchases of refurbished products, incentivizing consumers to choose repair and refurbished options. 3. Member States shall ensure that any fiscal or financial incentives introduced under this Article are designed in a manner that complies with the relevant provisions of the Treaty on the Functioning of the European Union, including those related to state aid and fair competition. 4. The European Commission shall monitor and assess the implementation and impact of the fiscal and financial incentives introduced by Member States under this Article. It shall provide guidance and support to Member States to facilitate the effective implementation of such incentives, while ensuring compliance with EU law. 5. Member States shall regularly report to the European Commission on the measures taken and the outcomes achieved in promoting repair and refurbishment, including the effectiveness of the fiscal and financial incentives described in this Article. 6. The European Commission shall, as necessary, review the effectiveness and adequacy of the measures implemented by Member States under this Article, and propose further actions or adjustments to ensure the promotion of reuse and repair of products within the European Union.
Amendment 364 #
Proposal for a directive
Article 16 – paragraph 1
Article 16 – paragraph 1
1. Article 5(1) and (2) and Article 6 of this Directive shall not apply to contracts for the provision of repair services concluded before [124 months after the entry into force].
Amendment 368 #
Proposal for a directive
Article 17 – paragraph 1 – subparagraph 1
Article 17 – paragraph 1 – subparagraph 1
Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by [124 months from the entry into force] at the latest. They shall immediately inform the Commission thereof.
Amendment 371 #
Proposal for a directive
Article 17 – paragraph 1 – subparagraph 3
Article 17 – paragraph 1 – subparagraph 3
Member States shall apply those measures from [124 months from the entry into force].