Activities of Eugen JURZYCA related to 2023/0083(COD)
Plenary speeches (1)
Common rules promoting the repair of goods
Amendments (22)
Amendment 75 #
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 ruleinform consumers on repair of such goods. 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 82 #
Proposal for a directive
Recital 8
Recital 8
Amendment 92 #
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.
Amendment 98 #
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, pProducers 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.
Amendment 101 #
Proposal for a directive
Recital 13
Recital 13
Amendment 110 #
Proposal for a directive
Recital 15
Recital 15
Amendment 118 #
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], encouraging 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 125 #
Proposal for a directive
Recital 18
Recital 18
(18) While tThis Directive imposes the obligation to repair on the producer, it also facilitates consumer choice of repair services from other repairers. This choice should in particular be facilitated by requesting the European Repair Information Form not only from the producer but also other repairers like the seller or independent repairers or by searching via the online repair platform. As consumers would need to pay for the repair, they are likely to compare repair opportunities in order to choose the most suitable repair services for their needs. Thus, it is likely they approach independent repairers in their proximity or the seller before reaching out to producers which may for instance be located at a greater distance and for which the price could be higher due to transportation costs.
Amendment 126 #
Proposal for a directive
Recital 19
Recital 19
Amendment 130 #
Proposal for a directive
Recital 20
Recital 20
(20) In order to increase the consumer awareness on the availability of repair and thus its likelihood, producers should inform consumers of the existence of that obligation. The information should mention the relevant goods covered by that obligation, together with an explanation that and to what extent repair is provided for those goods, for instance through sub-contractorrepair services. That information should be easily accessible to the consumer and provided in a clear and comprehensible manner, without the need for the consumer to request it, and in line with the accessibility requirements of Directive 2019/882. The producer is free to determine the means through which it informs the consumer.
Amendment 172 #
Proposal for a directive
Recital 31 a (new)
Recital 31 a (new)
(31a) This Directive aims to help reduce carbon emissions and save resources by creating rules for businesses and consumers in the after-sale market. The review clause should check, how effectively this Directive delivers proclaimed savings and environmental results. It should compare the results with other policy options, mainly with the introduction of the carbon taxes to price negative externalities of goods. According to 28 Nobel Laureate Economists, a carbon tax that increases over time can replace less efficient regulations. Taxing negative externalities means that products that harm the environment will cost more, giving consumers a price signal to fix goods instead of replacing them because fixing them will be cheaper. This would be more efficient compared to the new repair obligations imposed on the producers, since demand for repairs would be driven by consumers and markets.
Amendment 199 #
Proposal for a directive
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Member States shallmay ensure that, before a consumer is bound by a contract for the provision of repair services, the repairer shall provide the consumer, upon request, with 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.
Amendment 228 #
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 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. 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 shallmay constitute an integral part of that contract.
Amendment 230 #
Proposal for a directive
Article 5
Article 5
Amendment 231 #
Proposal for a directive
Article 5 – title
Article 5 – title
Amendment 282 #
Proposal for a directive
Article 6 – paragraph 1
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, for example through the online platform referred to in Article 7.
Amendment 291 #
Proposal for a directive
Article 7 – paragraph 1 – introductory part
Article 7 – paragraph 1 – introductory part
1. Member States shallmay ensure that at least one online platform exists for their territory that allows consumers to find repairers. That platform shallmay:
Amendment 298 #
Proposal for a directive
Article 7 – paragraph 2
Article 7 – paragraph 2
2. Member States shall ensumay require that the online platform also includes a search function by product category to find sellers of goods subject to refurbishment and purchasers of defective goods for refurbishment.
Amendment 304 #
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 shallmay be free of charge for consumers.
Amendment 374 #
Proposal for a directive
Article 17 a (new)
Article 17 a (new)
Article 17a Evaluation 1. By [OP: Please insert the date = 5 years after the date of application of this Directive], the Commission shall carry out an evaluation of this Directive and of its contribution to the functioning of the internal market and the improvement of the environmental sustainability of goods consumption including emission reduction. The Commission shall present a report on the main findings of that evaluation to the European Parliament, the Council, the European Economic and Social Committee, and the Committee of the Regions. Member States shall provide the Commission with the information necessary for the preparation of that report. 2. The report shall include at least the comparison of the Directive effectiveness in delivering environmental results with other available approaches, including a higher carbon tax to price negative externalities of goods; 3. The report shall include quantified net environmental benefit in CO2eq and quantified cost-benefit analysis;
Amendment 375 #
Proposal for a directive
Article 17 b (new)
Article 17 b (new)
Article 17b Report on environmental costs By 31 December 2026, the Commission shall publish a report on the environmental costs as the share of the total product costs for the relevant product groups in accordance with the Union legal acts listed in Annex II. The environmental costs shall include direct, indirect and compliance costs related to the requirements and regulations related to the sustainable and environmental policies, including Green Deal.
Amendment 376 #
Proposal for a directive
Article 18 – paragraph 1 a (new)
Article 18 – paragraph 1 a (new)
This Regulation shall expire on [OP: Please insert the date = 7 years] after the date of application of this Regulation.