31 Amendments of Andrey KOVATCHEV related to 2023/0083(COD)
Amendment 97 #
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. 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.
Amendment 115 #
Proposal for a directive
Recital 15 a (new)
Recital 15 a (new)
(15a) To ensure consumer protection and trust in repair, repairers should be liable for any repair they carry out, be it within or beyond the liability period.
Amendment 151 #
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 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.
Amendment 171 #
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 [2436 months after the entry into force]. The amendment to Directive (EU) 2019/771 should apply only to sales contracts concluded after [24 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 173 #
Proposal for a directive
Recital 33 a (new)
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.
Amendment 174 #
Proposal for a directive
Recital 33 b (new)
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.
Amendment 175 #
Proposal for a directive
Recital 33 c (new)
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.
Amendment 176 #
Proposal for a directive
Recital 33 d (new)
Recital 33 d (new)
(33d) This Directive should focus on the business to consumer dimension of the repairs, within the Union legal acts as listed in Annex II.
Amendment 177 #
Proposal for a directive
Recital 33 e (new)
Recital 33 e (new)
(33e) Where the producer’s business has been terminated, the seller or distributor must not be made subsidiarily responsible for a repair obligation
Amendment 182 #
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 repairers, professional repairers or affiliated with such producers or sellers;
Amendment 184 #
Proposal for a directive
Article 2 – paragraph 1 – point 4
Article 2 – paragraph 1 – point 4
4. ‘producer’ means a manufacturer as defined in Article 2, point (42) of Regulation [on the Ecodesign for Sustainable Products]ny natural or legal person who manufactures a product or who has a product designed or manufactured, and markets that product under its name or trademark;
Amendment 188 #
Proposal for a directive
Article 2 – paragraph 1 – point 10 a (new)
Article 2 – paragraph 1 – point 10 a (new)
10a. ‘professional repairer’ means a natural or legal person who provides repair or maintenance services for a product, irrespective of whether that person acts within the manufacturer’s distribution system or independently;
Amendment 189 #
Proposal for a directive
Article 2 – paragraph 1 – point 10 b (new)
Article 2 – paragraph 1 – point 10 b (new)
10b. ‘repair’ means restoring a product’s performance, functionality and safety within the intended use, range of performance and maintenance originally conceived at the design stage.
Amendment 196 #
Proposal for a directive
Article 4
Article 4
Amendment 235 #
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 impossible. The producer may sub-contract repair in order to fulfil its obligation to repair. In such cases, the producer shall provide the repairer with all relevant information and specifications so that the repairer, at the request of the consumers, can actually provide the repair service.
Amendment 245 #
Proposal for a directive
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
1a. Producers shall be able to provide refurbished goods as an alternative to repair.
Amendment 249 #
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Where the producer obliged to repair pursuant to paragraph 1 is established outside the Union, its authorised representative in the Union shall perform the obligation of the producer. Where the producer has no authorised representative in the Union, the importer of the good concerned shall perform the obligation of the producer. Where there is no importer, the distributor of the good concerned shall perform the obligation of the producer.
Amendment 254 #
Proposal for a directive
Article 5 – paragraph 3
Article 5 – paragraph 3
3. Producers shall ensureallow that independent repairers have access to spare parts , notwithstanding any other product specific obligations, and repair-related information and tools in accordance with the Union legal acts listed in Annex II., without prejudice to the protection sensitive information and business secrets foreseen in Directive (EU) 2016/943 of the European Parliament and of the Council of 8 June 2016;
Amendment 266 #
Proposal for a directive
Article 5 – paragraph 3 a (new)
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.
Amendment 275 #
Proposal for a directive
Article 5 – paragraph 4
Article 5 – paragraph 4
4. The Commission is empowered to adopt delegated acts, following an impact assessment and consultation with relevant stakeholders, 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.
Amendment 280 #
Proposal for a directive
Article 5 – paragraph 4 a (new)
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.
Amendment 285 #
Proposal for a directive
Article 7
Article 7
Amendment 309 #
Proposal for a directive
Article 7 a (new)
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.
Amendment 316 #
Proposal for a directive
Article 8 a (new)
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.
Amendment 317 #
Proposal for a directive
Article 8 b (new)
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.
Amendment 348 #
Proposal for a directive
Article 12 – paragraph 1
Article 12 – paragraph 1
Directive (EU) 2019/771
Article 13 (2)
Article 13 (2)
Amendment 362 #
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 [2436 months after the entry into force].
Amendment 365 #
Proposal for a directive
Article 16 – paragraph 2
Article 16 – paragraph 2
2. Article 12 of this Directive shall not apply to sales contracts concluded before [2436 months after the entry into force]
Amendment 367 #
Proposal for a directive
Article 16 a (new)
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.
Amendment 370 #
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 [2436 months from the entry into force] at the latest. They shall immediately inform the Commission thereof.
Amendment 373 #
Proposal for a directive
Article 17 – paragraph 1 – subparagraph 3
Article 17 – paragraph 1 – subparagraph 3
Member States shall apply those measures from [2436 months from the entry into force].