39 Amendments of Jean-Lin LACAPELLE related to 2023/0083(COD)
Amendment 72 #
Proposal for a directive
Recital 3
Recital 3
Amendment 76 #
Proposal for a directive
Recital 3 a (new)
Recital 3 a (new)
(3a) In order to encourage consumers to buy products that are easier to repair, Member States should be encouraged to introduce a reparability score covering a wide range of products. This reparability score should be established according to several criteria, namely the availability and sale price of spare parts in relation to the price of new equipment, including the ordering procedure, information about the disassembly of and access to parts, the length of availability on the market of spare parts and delivery times, and the availability of a user and repair manual. The score should be affixed directly to the product or its packaging. In shops it should be displayed on or in the immediate vicinity of the product, and on websites in the presentation of the equipment and close to the price.
Amendment 84 #
Proposal for a directive
Recital 8
Recital 8
(8) The consumer’s free choice to decide by whom to have its goods repaired should be facilitated by requesting the European Repair Information Form not only from the producer, but also from the seller of the goods concerned or from independent repairers, where applicable. Repairers should provide the European Repair Information FormAlthough consumers must be informed that a European Repair Information Form exists, repairers should provide it only where the consumer requests that form and the repairer intends to provide the repair service or it is obliged to repair. A consumer may also choose not to request the European Repair Information Form and to conclude a contract for the provision of repair services with a repairer pursuant to pre-contractual information provided by other means in accordance with Directive 2011/83/EU of the European Parliament and the Council.15 __________________ 15 Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council and repealing Council Directive 85/577/EEC and Directive 97/7/EC of the European Parliament and of the Council (Text with EEA relevance) (OJ L 304, 22.11.2011, p. 64–88).
Amendment 88 #
Proposal for a directive
Recital 9
Recital 9
(9) TIn order to encourage consumers to consider repairing the product concerned, the pre-repair assessment should be free of charge. However, 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. In line with the pre- contractual information and other requirements set out in Directive 2011/83/EU, the repairer should inform 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.
Amendment 96 #
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. THowever, to enable the consumer to decide whether or not to have the goods repaired, the pre-repair assessment should be carried out free of charge. Where it involves a cost, this should be added to the final payment. Furthermore, if the product cannot be repaired, the repairer may offer the consumer credit equivalent to the repair cost. In general, the charging of a price should encourage producers to develop sustainable business models, including the provision of repair services so that they can offer these services to consumers. 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, especially the pre-repair assessment, when the defect is covered by a commercial guarantee, for instance, in relation to guaranteed durability of goods.
Amendment 102 #
Proposal for a directive
Recital 13
Recital 13
(13) Producers may fulfil their obligation to repair by sub-contracting repair, for instance, if the producer does not have the repair infrastructure or if repair can be carried out by a repairer located closer to the consumer, among othersparticularly where the producer is established outside the Union. To this end, they should provide the consumer with a list of verified repairers.
Amendment 109 #
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, at a reasonable cost and in a non- discriminatory manner for a period equivalent to at least the expected lifespan of the product, 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. __________________ 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 116 #
Proposal for a directive
Recital 16
Recital 16
Amendment 121 #
Proposal for a directive
Recital 17
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 acfor the repair obligation under this Directive. In order to be able to adapt Annex II to market developments, 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).
Amendment 129 #
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 or sellers should inform consumers of the existence of that obligation. They should also provide information on the availability and sale price of spare parts in relation to the price of new equipment, including the ordering procedure, information about the disassembly of and access to parts, the length of availability on the market of spare parts and delivery times, and the availability of a user and repair manual. 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- contractors. 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 136 #
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. 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 repairers 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 extentconsider including 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 140 #
Proposal for a directive
Recital 23
Recital 23
(23) Member States should ensure that consumers have easy access to the online platform allowing them to find suitable repair services for their defective goods. The online platform should also be accessible to vulnerable consumers, including persons with disabilities, in accordance with applicable Union law relating to accessibility. To this end, Member States should take steps to inform consumers of the existence of the online platform, for example through communication campaigns. The economic operators concerned should also take measures to inform consumers of the existence of the online platform, for example by displaying a link to the platform on their websites or in shops in general and when purchasing in particular.
Amendment 142 #
Proposal for a directive
Recital 24
Recital 24
(24) The search function based on products may refer to the product type or brand. Since repairers cannot know the specific defect before a request to repair has been made, it is sufficient that they provide on the online platform generic information on key elements of repair services to enable consumers to decide whether to repair the good in question, in particular the average time to complete repair, the availability of temporary replacement goods, the place where the consumer hands over the goods for repair, the possibility of replacing the product under repair during the repair period and the availability of ancillary services. Repairers should be encouraged to regularly update their information on the online platform. In order to build consumer confidence in the repair services available on the online platform, repairers should be able to demonstrate their adherence to certain repair standards.
Amendment 164 #
Proposal for a directive
Recital 28 a (new)
Recital 28 a (new)
(28a) In order to promote repair in the context of the liability of the seller as established by Directive (EU) 2019/771, given that many defects occur after the minimum period of 2 years, this legal guarantee period should be extended for categories of products that are expected to have a longer lifespan. In order to meet consumers’ legitimate expectations, a guarantee period of 5 or 10 years should be established for certain categories of products.
Amendment 167 #
Proposal for a directive
Recital 28 b (new)
Recital 28 b (new)
(28b) In order to encourage repair and compensate for the absence of the product during the repair period, the economic operator performing, or delegating, a repair service, should offer the consumer a new or refurbished replacement free of charge, where possible.
Amendment 185 #
Proposal for a directive
Article 2 – paragraph 1 – point 10
Article 2 – paragraph 1 – point 10
Amendment 191 #
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. They remain free to maintain or introduce more ambitious provisions aimed at ensuring enhanced reparability of goods.
Amendment 222 #
Proposal for a directive
Article 4 – paragraph 4 – point i a (new)
Article 4 – paragraph 4 – point i a (new)
(ia) the travel and repair assessment costs for at-home repairs, where applicable;
Amendment 237 #
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 objectively impossible. The producer may sub-contract repair in order to fulfil its obligation to repair.
Amendment 242 #
Proposal for a directive
Article 5 – paragraph 1 – subparagraph 1 (new)
Article 5 – paragraph 1 – subparagraph 1 (new)
If the product under repair cannot be repaired, the repairer may offer the consumer credit equivalent to the repair cost.
Amendment 259 #
Proposal for a directive
Article 5 – paragraph 3
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, at a reasonable cost and in a non- discriminatory manner for a period equivalent to at least the expected lifespan of the product, to spare parts, repair-related information and tools.
Amendment 267 #
Proposal for a directive
Article 5 – paragraph 3 a (new)
Article 5 – paragraph 3 a (new)
3a. Where possible, the operator carrying out the repair shall offer the consumer a replacement product free of charge for the duration of the repair.
Amendment 276 #
Proposal for a directive
Article 5 – paragraph 4
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 lisght of Union legal acts laying down reparability requirements in the light of legislative or market developments.
Amendment 354 #
Proposal for a directive
Article 12 – paragraph 1 a (new)
Article 12 – paragraph 1 a (new)
In Article 10(1) of Directive (EU) 2019/771 the following sentence is amended as follows: ‘The seller shall be liable to the consumer for any lack of conformity which exists at the time when the goods were delivered and which becomes apparent within 2 to 10 years of that time. Without prejudice to Article 7(3), this paragraph shall also apply to goods with digital elements.’
Amendment 379 #
Proposal for a directive
Annex II – subheading 1
Annex II – subheading 1
LIST OF UNION LEGAL ACTREPARABLE GOODS
Amendment 381 #
Proposal for a directive
Annex II – subheading 2
Annex II – subheading 2
Amendment 382 #
Proposal for a directive
Annex II – point 1
Annex II – point 1
1. Household washing machines and household washer-dryers according to Commission Regulation (EU) 2019/202321 __________________ 21 Commission Regulation (EU) 2019/2023 of 1 October 2019 laying down ecodesign requirements for household washing machines and household washer-dryers pursuant to Directive 2009/125/EC of the European Parliament and of the Council, amending Commission Regulation (EC) No 1275/2008 and repealing Commission Regulation (EU) No 1015/2010 (OJ 315, 5.12.2019, p. 285).
Amendment 384 #
Proposal for a directive
Annex II – point 2
Annex II – point 2
2. Household dishwashers according to Commission Regulation (EU) 2019/202222 __________________ 22 Commission Regulation (EU) 2019/2022 of 1 October 2019 laying down ecodesign requirements for household dishwashers pursuant to Directive 2009/125/EC of the European Parliament and of the Council amending Commission Regulation (EC) No 1275/2008 and repealing Commission Regulation (EU) No 1016/2010 (OJ 315, 5.12.2019, p. 267).
Amendment 387 #
Proposal for a directive
Annex II – point 3
Annex II – point 3
3. Refrigerating appliances with a direct sales function according to Commission Regulation (EU) 2019/202423 __________________ 23 Commission Regulation (EU) 2019/2024 of 1 October 2019 laying down ecodesign requirements for refrigerating appliances with a direct sales function pursuant to Directive 2009/125/EC of the European Parliament and of the Council (OJ 315, 5.12.2019, p. 313).
Amendment 389 #
Proposal for a directive
Annex II – point 4
Annex II – point 4
4. Refrigerating appliances according to Commission Regulation (EU) 2019/201924 __________________ 24 Commission Regulation (EU) 2019/2019 of 1 October 2019 laying down ecodesign requirements for refrigerating appliances pursuant to Directive 2009/125/EC of the European Parliament and of the Council and repealing Commission Regulation (EC) No 643/2009 (OJ 315, 5.12.2019, p. 187).
Amendment 391 #
Proposal for a directive
Annex II – point 5
Annex II – point 5
5. Electronic displays according to Commission Regulation (EU) 2019/202125 __________________ 25 Commission Regulation (EU) 2019/2021 of 1 October 2019 laying down ecodesign requirements for electronic displays pursuant to Directive 2009/125/EC of the European Parliament and of the Council, amending Commission Regulation (EC) No 1275/2008 and repealing Commission Regulation (EC) No 642/2009 (OJ 315, 5.12.2019, p.241).
Amendment 393 #
Proposal for a directive
Annex II – point 6
Annex II – point 6
6. Welding equipment according to Commission Regulation (EU) 2019/178426 __________________ 26 Commission Regulation (EU) 2019/1784 of 1 October 2019 laying down ecodesign requirements for welding equipment pursuant to Directive 2009/125/EC of the European Parliament and of the Council (OJ 272, 25.10.2019, p. 121).
Amendment 395 #
Proposal for a directive
Annex II – point 7
Annex II – point 7
7. Vacuum cleaners according to Commission Regulation (EU) 666/201327 __________________ 27 Commission Regulation (EU) 666/2013 of 8 July 2013 implementing Directive 2009/125/EC of the European Parliament and of the Council with regard to ecodesign requirements for vacuum cleaners (OJ 192, 13.07.2013, p. 24).
Amendment 396 #
Proposal for a directive
Annex II – point 7 a (new)
Annex II – point 7 a (new)
7a. Household appliances and kitchen appliances
Amendment 398 #
Proposal for a directive
Annex II – point 8
Annex II – point 8
8. Servers and data storage products according to Commission Regulation (EU) 2019/42428 __________________ 28 Commission Regulation (EU) 2019/424 of 15 March 2019 laying down ecodesign requirements for servers and data storage products pursuant to Directive 2009/125/EC of the European Parliament and of the Council and amending Commission Regulation (EU) No 617/2013 (OJ 74, 18.03.2019, p. 46).
Amendment 400 #
Proposal for a directive
Annex II – point 9
Annex II – point 9
9. [Mobile phones, cordless phones and tablets according to Commission Regulation (EU) .../…29 ] __________________ 29 …, computers, monitors, printers and scanners, game consoles
Amendment 401 #
Proposal for a directive
Annex II – point 9 a (new)
Annex II – point 9 a (new)
9a. Televisions, video projectors, television receivers and peripherals, hi-fi equipment, home cinemas
Amendment 402 #
Proposal for a directive
Annex II – point 9 c (new)
Annex II – point 9 c (new)
9c. Audio headphones, portable speakers, radios, digital music players
Amendment 403 #
Proposal for a directive
Annex II – point 9 e (new)
Annex II – point 9 e (new)
9e. Cameras, camcorders, camera equipment