2023/0083(COD) | [ParlTrack]

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~~. 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 101 #

Virginie JORON, Jean-Lin LACAPELLE, Marco CAMPOMENOSI, Alessandra BASSO, Markus BUCHHEIT, Isabella TOVAGLIERI

Proposal for a directive
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 others where the producer is established outside the Union.deleted

Amendment 102 #

Proposal for a directive
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 others~~particularly where the producer is established outside the Union. To this end, they should provide the consumer with a list of verified repairers.

Amendment 103 #

Proposal for a directive
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, remanufacturers, refurbishes and consumers to spare parts and at minimum technical diagram of the device should be provided for a period foreseen by the relevant Union laws. Consequently, the consumer will be able to select a repairer or other provider of its choice or where capable, carry out the repair on its own. Complexity and safety of the repair is linked with the type of device. Where it could be reasonably foreseen that the performance of repair by the average consumer could lead to safety hazard or requires advanced tools, the producers should explicitly warn the consumer. __________________ 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 104 #

Catharina RINZEMA, Dita CHARANZOVÁ, Morten LØKKEGAARD, Karen MELCHIOR

Proposal for a directive
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 105 #

Proposal for a directive
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, without prejudice to sensitive business information. 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~~ and independent operators. To complement those measures, access for independent repairers, independent operators and consumers to spare parts and related information should be provided at a reasonable cost and in a non-discriminatory manner. Consequently, competition should be incentivised and consumers shall benefit from 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 106 #

Proposal for a directive
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, including independent ones. As a consequence, the consumer can select a repairer of its choice. In this context, this Directive should ensure that all actors of the repair sector can access spare parts at a reasonable and non-discriminatory price, as well as repair and maintenance information and diagnosis tools necessary to perform the repair, be it hardware of software. __________________ 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 107 #

Marco CAMPOMENOSI, Alessandra BASSO, Isabella TOVAGLIERI, Antonio Maria RINALDI, Virginie JORON

Proposal for a directive
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. In addition to these measures, access to spare parts for consumers and independent repairers and related information should be provided at a reasonable and non-discriminatory cost and upon short notice. __________________ 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 108 #

Proposal for a directive
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. In addition to these measures, independent repairers should be granted access to spare parts and related information on a non- discriminatory basis and at a reasonable cost, for a defined period of time. __________________ 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 109 #

Virginie JORON, Jean-Lin LACAPELLE, Marco CAMPOMENOSI, Alessandra BASSO, Markus BUCHHEIT, Isabella TOVAGLIERI

Proposal for a directive
Recital 14

Amendment 110 #

Proposal for a directive
Recital 15

Amendment 111 #

Proposal for a directive
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 p~~Online platforms play an important role in the supply chain of goods to consumers and should be covered by this Directive. This should prevent situations where no economic operator is established in the Union to fulfil the repair obligation. Producers located outside the Union toshould organise and perform their obligation to repair within the Union.

Amendment 112 #

Proposal for a directive
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 p~~Fulfilment 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 113 #

Proposal for a directive
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~~the obligation for producers established outside the Union to appoint an authorised representative to perform their obligation to repair ~~of the producer~~ in such cases. This should enable producers located outside the Union to organise and perform their obligation to repair within the Union.

Amendment 114 #

Arba KOKALARI, Tomislav SOKOL, Andrey KOVATCHEV, Andreas SCHWAB

Proposal for a directive
Recital 15 a (new)

(15a) Promoting reparability within the EU necessitates a combination of actions beyond just regulatory measures. This directive should be complemented by efforts to address the existing skills gap, ensuring the availability of reparability services within the European Union, including through unimpeded cross- border provision of repair services. Furthermore, the EU should consider approaches like offering reduced VAT rates, repair incentives, or tax cuts on services and labour to enhance the demand for reparability services.

Amendment 115 #

Proposal for a directive
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 116 #

Proposal for a directive
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).deleted

Amendment 117 #

Proposal for a directive
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 encourag~~ing~~e 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 118 #

Proposal for a directive
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 119 #

Andreas SCHWAB, Romana TOMC, Maria da Graça CARVALHO, Barbara THALER, Marion WALSMANN

Proposal for a directive
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~~that fall under the scope of the legal acts listed in the Annex II of this Directive. 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 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.

Amendment 121 #

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 ac~~for 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 122 #

Svenja HAHN, Dita CHARANZOVÁ

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 act~~the obligation to repair with the objective to establish a proper right to repair for consumers. In order to ensure coherence with market and legislative progress, including future reparability requirements under Union l~~egal acts~~aw, 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 123 #

Proposal for a directive
Recital 18

(18) While this 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.deleted

Amendment 124 #

Proposal for a directive
Recital 18

(18) While this Directive imposes the obligation to repair on the producer, it also facilitates consumer choice of repair services from other repairers, including independent ones. This choice should in particular be facilitated ~~by requesting~~through the adoption of a certain number of measures that ensure fair competition in the repair and after-sales services markets such as ensuring access to spare parts at reasonable costs for all actors of the sector, but also by empowering consumers to request the European Repair Information Form not only from the producer or authorised repairers, 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 125 #

Proposal for a directive
Recital 18

(18) ~~While t~~This 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

(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. 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).deleted

Amendment 127 #

Proposal for a directive
Recital 19

(19) In line with Directive (EU) 2019/771, a producer should only be exempted from the obligation to repair where repair is ~~factu~~technically or legally impossible. ~~For exampl~~In such cases, the producer should state in a written and easy-to- understand format to consumers the reasons for declining the repair request. Furthermore, 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 128 #

Proposal for a directive
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 129 #

Proposal for a directive
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 130 #

Proposal for a directive
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 131 #

Proposal for a directive
Recital 20

(20) In order to increase the consumer awareness on the availability of repair and thus its likelihood, producers, distributors and sellers should inform consumers of the existence of that obligation, including at the point of sale in a visible and prominent way. 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, distributor and seller are free to determine the means through which it informs the consumer.

Amendment 132 #

Catharina RINZEMA, Dita CHARANZOVÁ, Morten LØKKEGAARD, Karen MELCHIOR, Sandro GOZI

Proposal for a directive
Recital 21

(21) In order to encourage repair, Member States should ensure that for their territory at least one online platform exists which enables consumers to search for suitable repairers. That platform may be an existing or privately operated platform, if it meets the conditions laid down in this Directive. That platform should include user-friendly and independent comparison tools which assist consumers in assessing and comparing the merits of different repair service providers, thereby incentivising consumers to choose repair instead of buying new goods. While that platform aims at facilitating the search for repair services in business-to-consumer relationships, Member States are free to extend its scope also to include business- to-business relationships as well as community-led repair initiatives.deleted

Amendment 133 #

Proposal for a directive
Recital 21

(21) In order to encourage repair, Member States should ensure that for their territory ~~at least~~ one online platform exists which enables consumers to search for suitable repairers. That platform may be an existing or privately operated platform, if it meets the conditions laid down in this Directive. If such an online platform does not exist, Member States should seek to create one in collaboration with the involved economic operators. That platform should include user-friendly and independent comparison tools which assist consumers in assessing and comparing the merits of different repair service providers, thereby incentivising consumers to choose repair instead of buying new goods. While that platform aims at facilitating the search for repair services in business-to-consumer relationships, Member States are free to extend its scope also to include business- to-business relationships as well as community-led repair initiatives.

Amendment 134 #

Proposal for a directive
Recital 21

(21) In order to encourage repair, Member States should ensure that for their territory ~~at least~~ one online platform exists which enables consumers to search for suitable repairers. That platform may be an existing or privately operated platform, if it meets the conditions laid down in this Directive. That platform should include user-friendly and independent comparison tools which assist consumers in assessing and comparing the merits of different repair service providers, including community- led repair initiatives, thereby incentivising consumers to choose repair instead of buying new goods. While that platform aims at facilitating the search for repair services in business-to-consumer relationships, Member States are free to extend its scope also to include business- to-business relationships ~~as well as community-led repair initiatives.~~

Amendment 135 #

Proposal for a directive
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 extent 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.deleted

Amendment 136 #

Proposal for a directive
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 extent~~consider 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 137 #

Proposal for a directive
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, in line with mutual recognition. 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~~Member States should especially fully apply the provisions foreseen in Directive (EU) 2018/958 and Articles 5, 6 and 7 of Directive (EU) 2005/36/EC. Enabling repairers, whether covered by professional qualifications or not, 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 extent 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 138 #

Proposal for a directive
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 extent c~~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 139 #

Virginie JORON, Jean-Lin LACAPELLE, Marco CAMPOMENOSI, Alessandra BASSO, Markus BUCHHEIT, Isabella TOVAGLIERI

Proposal for a directive
Recital 23

Amendment 140 #

Proposal for a directive
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 141 #

Virginie JORON, Jean-Lin LACAPELLE, Marco CAMPOMENOSI, Alessandra BASSO, Markus BUCHHEIT, Isabella TOVAGLIERI

Proposal for a directive
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 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.deleted

Amendment 142 #

Proposal for a directive
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 143 #

Andreas SCHWAB, Romana TOMC, Maria da Graça CARVALHO, Barbara THALER

Proposal for a directive
Recital 25

(25) In order to facilitate obtaining the European Repair Information Form, the online platform should include the possibility for consumers to directly request that form from the repairer through the online platform. This possibility should be displayed in a prominent manner on the online platform. To create awareness of national online repair platforms and to facilitate access to such platforms across the Union, Member States should ensure that their online platforms are accessible through relevant national webpages connected to the Single Digital Gateway established by Regulation (EU) 2018/1724 of the European Parliament and of the Council20 . To raise consumer awareness of the online platform, Member States should undertake appropriate steps, for instance sign-post the online platform on related national websites or carry out communication campaigns. __________________ 20 Regulation (EU) 2018/1724 of the European Parliament and of the Council of 2 October 2018 establishing a single digital gateway to provide access to information, to procedures and to assistance and problem-solving services and amending Regulation (EU) No 1024/2012 (OJ L 295, 21.11.2018, p. 1).deleted

Amendment 144 #

Proposal for a directive
Recital 25

Amendment 145 #

Catharina RINZEMA, Dita CHARANZOVÁ, Morten LØKKEGAARD, Karen MELCHIOR, Svenja HAHN, Sandro GOZI

Proposal for a directive
Recital 25

(25) In order to facilitate obtaining the European Repair Information Form, the online platform should include the possibility for consumers to directly request that form from the repairer through the online platform. This possibility should be displayed in a prominent manner on the online platform. To create awareness of national online repair platforms and to facilitate access to such platforms across the Union, Member States should ensure that their online platforms are accessible through relevant national webpages connected to the Single Digital Gateway established by Regulation (EU) 2018/1724 of the European Parliament and of the Council20 . To raise consumer awareness of the online platform, Member States should undertake appropriate steps, for instance sign-post the online platform on related national websites ~~or carry~~ . Methods to raise awareness shall take into account ~~communication campaign~~and be accessible for consumers with low literacy and digital skills. __________________ 20 Regulation (EU) 2018/1724 of the European Parliament and of the Council of 2 October 2018 establishing a single digital gateway to provide access to information, to procedures and to assistance and problem-solving services and amending Regulation (EU) No 1024/2012 (OJ L 295, 21.11.2018, p. 1).

Amendment 146 #

Proposal for a directive
Recital 26

(26) In order to promote sustainable consumption of goods in situations outside the liability of the seller, the online platform should also promote goods subject to refurbishment as an alternative to repair or to buying new goods. To that end, the online platform should include a functionality allowing consumers to find sellers of goods subject to refurbishment or businesses buying defective goods for refurbishment purposes, in particular by enabling a search function per product category. Such sellers of goods subject to refurbishment or purchasers of defective goods for refurbishment should have access to the platform based on the same principles and technical specifications applicable to the repair functionality.deleted

Amendment 147 #

Proposal for a directive
Recital 26 a (new)

(26a) Costs of repair have been identified as the main obstacle preventing consumers to go for this option outside the liability of the seller provided under Directive (EU) 2019/771. In order to address this problem, Member States should take appropriate measures to establish financial and fiscal incentives that allow consumers to claim back part of the costs of repair, and thus, making it a more attractive option. Furthermore, Directive 2008/98/EC requires that Member States take measures to encourage the design of products that are durable and reparable. In line with the general requirements applicable to Extended Producer Responsibility schemes in place, Member States should design the modulation of fees so that they contribute to effective waste prevention, including through repair and reuse. A significant part of the fees should be earmarked to develop reused systems, deposit refund schemes and support the repair sector with the view of making repair an affordable and attractive option for consumers.

Amendment 148 #

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. 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. When issuing a standardisation request, the Commission should take appropriate steps to involve all relevant stakeholders in the process, including independent repairers, environmental NGOs and consumer organisations, to reflect to the extent possible all aspects of the repair.

Amendment 149 #

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 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 150 #

Arba KOKALARI, Maria da Graça CARVALHO, Marion WALSMANN, Tomislav SOKOL, Andrey KOVATCHEV, Andreas SCHWAB

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, in particular SME organizations, public authorities and other stakeholders 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 should take into account the specific needs of SMEs and it 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.

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.

Amendment 152 #

Marco CAMPOMENOSI, Alessandra BASSO, Isabella TOVAGLIERI, Antonio Maria RINALDI, Virginie JORON

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, including organisations representing SMEs and their 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.

Amendment 153 #

Catharina RINZEMA, Dita CHARANZOVÁ, Morten LØKKEGAARD, Karen MELCHIOR, Svenja HAHN, Sandro GOZI

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. 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. Such standard should take into consideration the specific needs of SMEs.

Amendment 154 #

Catharina RINZEMA, Dita CHARANZOVÁ, Morten LØKKEGAARD, Svenja HAHN

Proposal for a directive
Recital 27

(27) The Commission should enable the development of a voluntary European quality standard for repair services within 36 months, 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, including SME representative 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.

Amendment 155 #

Catharina RINZEMA, Dita CHARANZOVÁ, Morten LØKKEGAARD, Karen MELCHIOR, Svenja HAHN

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. A European standard for repair services could boost consumer trust in repair services across the Union. Such standard could include consumer safety, as well as 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.

Amendment 156 #

Proposal for a directive
Recital 27

(27) The Commission should enable the development of a voluntary European quality standard for repair services within 36 months, 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. 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.

Amendment 157 #

Proposal for a directive
Recital 28

(28) In order to promote repair within the liability of the seller as established in Directive (EU) 2019/771, the harmonised conditions under which the choice between the remedies of repair and replacement can be exercised should be adapted. The principle established in Directive (EU) 2019/771 to use the consideration whether the remedy chosen would impose costs on the seller that are disproportionate as compared to the other remedy, as one of the criteria to determine the applicable remedy, should be maintained. The consumer remains entitled to choose repair over replacement, unless repair would be impossible or it would impose disproportionate costs on the seller as compared to replacement. However, where the costs for replacement are higher than or equal to the costs of repair, the seller should always repair the goods. Hence, the consumer is entitled to choose replacement as a remedy only where it is cheaper than repair. Directive (EU) 2019/771 should therefore be amended accordingly. Furthermore, Directive (EU) 2019/771 should be adapted to incentivize consumers to opt for repair by offering them a “restart” of the legal guarantee of conformity once the good has been repaired, meaning an additional period of two years in the event of lack of conformity after the repair has been performed. Other measures should include offering them a free-of-charge temporary replacement good, or when not feasible against a reasonable fee, while their goods are being repaired, as well as setting time limits to perform the repair that should not exceed 15 calendar days.

Amendment 158 #

Proposal for a directive
Recital 28

Amendment 159 #

Proposal for a directive
Recital 28

Amendment 160 #

Catharina RINZEMA, Dita CHARANZOVÁ, Morten LØKKEGAARD, Karen MELCHIOR

Proposal for a directive
Recital 28

(28) In order to promote repair within the liability of the seller as established in Directive (EU) 2019/771, the harmonised conditions under which the choice between the remedies of repair and replacement can be exercised should be adapted. The principle established in Directive (EU) 2019/771 to use the consideration whether the remedy chosen would impose costs on the seller that are disproportionate as compared to the other remedy, as one of the criteria to determine the applicable remedy, should be maintained. The consumer remains entitled to choose repair over replacement, unless repair would be impossible or it would impose disproportionate costs on the seller as compared to replacement. However, where the costs for replacement are higher than or equal to the costs of repair, the seller should always repair the goods. Hence, the consumer is entitled to choose replacement as a remedy only where it is cheaper than repair. Where following a repair the good is not in conformity, the principles established by Directive 2019/771 should apply. This should prevent situations where consumers face consecutive repairs for the same defects of the same good. Directive (EU) 2019/771 should therefore be amended accordingly.

Amendment 161 #

Proposal for a directive
Recital 28

Amendment 162 #

Proposal for a directive
Recital 28 a (new)

(28a) Durability requirements may be provided under Union law for certain product-categories and that go beyond the liability period specified under Article 10 of Directive (EU) 2019/771. In such cases, Directive (EU) 2019/771 should be amended to introduce longer product- specific legal guarantee periods to match better the estimated lifespan of such products. This should go hand in hand with longer period for reversed burden of proof where any lack of conformity which becomes apparent within this period should be presumed to have existed at the time of delivery of the good. In order to provide for specific longer legal guarantee period for certain product-categories, the Commission is empowered to adopt delegated act in accordance with Article 290 of the Treaty on the Functioning of the European Union.

Amendment 163 #

Proposal for a directive
Recital 28 a (new)

(28a) Directive (EU) 2019/771 imposes an obligation on sellers to repair goods where there is lack of conformity at the moment of delivery of goods that became apparent within the liability period. In order to promote repair within the liability period, once consumers choose repair as a remedy to bring a good into conformity, they should be able to benefit from an extended liability period of an additional six months starting from the moment when their repaired good is returned to them. Directive (EU) 2019/771 should therefore be amended accordingly.

Amendment 164 #

Catharina RINZEMA, Dita CHARANZOVÁ, Morten LØKKEGAARD, Karen MELCHIOR, Svenja HAHN

Proposal for a directive
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 165 #

Proposal for a directive
Recital 28 a (new)

(28a) Consumers shall have the freedom of choice of where they want to have their goods repaired. This repair can be done by either the producer or an independent repairer. In order for independent repairers to be able to repair the goods, they should have fair access to spare parts, repair related information and tools at reasonable and non-discriminatory terms.

Amendment 166 #

Virginie JORON, Jean-Lin LACAPELLE, Marco CAMPOMENOSI, Alessandra BASSO, Markus BUCHHEIT, Isabella TOVAGLIERI

Proposal for a directive
Recital 28 b (new)

(28b) Directive (EU) 2019/771 provides for a regime where the seller is liable towards consumers in case of lack of conformity of the good. Introducing the possibility to bring their claims directly towards producers would promote access to repair for consumers since producers are the best placed to correct a defect and bring the good into conformity. Therefore, Directive (EU) 2019/771 should be amended accordingly.

Amendment 167 #

Proposal for a directive
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 168 #

Proposal for a directive
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 [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 169 #

Catharina RINZEMA, Dita CHARANZOVÁ, Morten LØKKEGAARD, Svenja HAHN

Proposal for a directive
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 170 #

Proposal for a directive
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 [2430 months after the entry into force]. The amendment to Directive (EU) 2019/771 should apply only to sales contracts concluded after [2430 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 171 #

Arba KOKALARI, Andreas SCHWAB, Andrey KOVATCHEV

Proposal for a directive
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 172 #

Arba KOKALARI, Maria da Graça CARVALHO, Marion WALSMANN, Tomislav SOKOL, Andreas SCHWAB, Andrey KOVATCHEV

Proposal for a directive
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 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.

Amendment 174 #

Arba KOKALARI, Marion WALSMANN, Tomislav SOKOL, Andrey KOVATCHEV, Andreas SCHWAB

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.

Amendment 175 #

Arba KOKALARI, Marion WALSMANN, Tomislav SOKOL, Andreas SCHWAB, Andrey KOVATCHEV

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.

Amendment 176 #

Arba KOKALARI, Tomislav SOKOL, Andreas SCHWAB, Andrey KOVATCHEV

Proposal for a directive
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 #

Arba KOKALARI, Maria da Graça CARVALHO, Tomislav SOKOL, Andreas SCHWAB, Andrey KOVATCHEV

Proposal for a directive
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 178 #

Proposal for a directive
Article 1 – paragraph 1

1. This Directive lays down common rules ~~promoting the repair of good~~to establish a right to repair for consumers, with a view to contributing to the proper functioning of the internal market, while providing for a high level of consumer and environmental protection, aiming at promoting sustainable consumption patterns within planetary boundaries.

Amendment 179 #

Proposal for a directive
Article 1 – paragraph 1

1. This Directive lays down common rules ~~promoting~~to 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 180 #

Proposal for a directive
Article 1 – paragraph 2

2. This Directive shall apply to the repair of goods purchased by consumers in the event of a defect of the goods that occurs ~~or becomes apparent~~ outside the liability of the seller pursuant to Article 10 of Directive (EU) 2019/771.

Amendment 181 #

Arba KOKALARI, Tomislav SOKOL, Andreas SCHWAB, Andrey KOVATCHEV

Proposal for a directive
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 182 #

Proposal for a directive
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 183 #

Catharina RINZEMA, Dita CHARANZOVÁ, Morten LØKKEGAARD, Karen MELCHIOR

Proposal for a directive
Article 2 – paragraph 1 – point 2

Amendment 184 #

Arba KOKALARI, Tomislav SOKOL, Andrey KOVATCHEV, Andreas SCHWAB

Proposal for a directive
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 185 #

Proposal for a directive
Article 2 – paragraph 1 – point 10

10. ‘reparability requirements’: mean requirements under the Union legal acts listed in Annex II which enable a product to be repaired including requirements to improve its ease of disassembly, access to spare parts, and repair-related information and tools applicable to products or specific components of products;deleted

Amendment 186 #

Catharina RINZEMA, Dita CHARANZOVÁ, Morten LØKKEGAARD, Karen MELCHIOR, Svenja HAHN

Proposal for a directive
Article 2 – paragraph 1 – point 10

10. ‘reparability requirements’ mean requirements ~~under the Union legal acts listed in Annex II~~ which enable a product to be repaired including requirements to improve its ease of disassembly, access to spare parts, and repair-related information and tools applicable to products or specific components of products;

Amendment 187 #

Proposal for a directive
Article 2 – paragraph 1 – point 10 a (new)

10a. ‘independent operator’ is a natural or legal person, other than an authorised dealer or repairer, who is directly or indirectly involved in the repair and maintenance of the product, and include repairers, manufacturers or distributors of repair equipment, tools or spare parts, as well as publishers of technical information, assistance operators, operators offering inspection and testing services, operators offering training for installers and remote service suppliers.

Amendment 188 #

Arba KOKALARI, Tomislav SOKOL, Andreas SCHWAB, Andrey KOVATCHEV

Proposal for a directive
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)

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 190 #

Proposal for a directive
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 191 #

Proposal for a directive
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 192 #

Catharina RINZEMA, Dita CHARANZOVÁ, Morten LØKKEGAARD, Karen MELCHIOR, Svenja HAHN, Sandro GOZI

Proposal for a directive
Article 3 – paragraph 1

Member States shall not maintain or introduce in their national law provisions diverging from those laid down in this Directive in order to achieve a better functioning of the internal market.

Amendment 193 #

Proposal for a directive
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 provided otherwise in this Directive.

Amendment 194 #

Proposal for a directive
Article 3 a (new)

Article 3a Universal Right to Repair 1. Member States shall ensure that consumers can access repair services, either by the manufacturer, or authorized or independent repairer, to restore a defective good to a condition where it fulfils its intended use, and with the ultimate goal to extend their lifetime. 2. Member States shall ensure fair competition in the repair sector by ensuring non-discriminatory access at reasonable price to spare parts, diagnosis tools as well as to repair and maintenance information, to all actors of the repair sector. 3. Any contractual, hardware or software technique preventing or limiting independent repair outside of the manufacturer or distributor’s authorised networks shall be prohibited. Such measures shall include provisions to allow the use of compatible spare parts, including those stemming from 3D printing. 4. Member States shall take appropriate measures to ban practices that prevent consumers to exert their right to repair, including but not limited to: (a) Inducing consumers to think that their good cannot be repaired due to previous repair or inspections by an independent repairer, non-professional repairer or end-users, or by inducing that it may generate risks related to safety; (b) Refusing to repair a good that has been previously repaired by an independent repairer, non-professional repairer or end-user.

Amendment 195 #

Proposal for a directive
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 196 #

Svenja HAHN, Dita CHARANZOVÁ

Proposal for a directive
Article 4

~~[...]~~deleted

Amendment 197 #

Proposal for a directive
Article 4

~~[...]~~deleted

Amendment 198 #

Proposal for a directive
Article 4 – paragraph 1

1. Member States shall ensure that, before a consumer is bound by a contract for the provision of repair services, unless it is unfeasible to estimate the repair cost without on-site assessment of the good, the repairer shall provide the consumer, upon request, with mandatory information, for example by mean of 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. The mandatory information shall be provided to consumer in a clear and unambiguous language or form.

Amendment 199 #

Marco CAMPOMENOSI, Alessandra BASSO, Isabella TOVAGLIERI, Antonio Maria RINALDI, Virginie JORON

Proposal for a directive
Article 4 – paragraph 1

1. Member States ~~shall~~may 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 200 #

Proposal for a directive
Article 4 – paragraph 2 a (new)

2a. Producers shall provide to the repairers all available information necessary to complete the European Repair Information Form.

Amendment 201 #

Proposal for a directive
Article 4 – paragraph 2 a (new)

2a. Producers shall provide repairers with all relevant information to enable them to fill the European Repair Information Form.

Amendment 202 #

Catharina RINZEMA, Dita CHARANZOVÁ, Morten LØKKEGAARD, Karen MELCHIOR

Proposal for a directive
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 203 #

Proposal for a directive
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. Where a physical examination of the product is required for estimating the price of repair, the repairer may request the consumer to pay the necessary costs involved for such physical examination.

Amendment 204 #

Proposal for a directive
Article 4 – paragraph 3 – subparagraph 1

TFor cases where physical inspection of the product to be repaired is needed, the repairer may request the consumer to pay the necessary reasonable costs the repairer incurs for providing the information included in the European Repair Information Form. The costs shall be deduced from the total amount of the repair service.

Amendment 205 #

Christian DOLESCHAL

Proposal for a directive
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. However, this amount should not surpass ten percent of the real or estimated repair costs.

Amendment 206 #

Proposal for a directive
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~~mandatory repair information, for example by means of European Repair Information Form. The repairer may deduct such costs out of the price of the repair service, if the consumer chooses to have the product repaired.

Amendment 207 #

Catharina RINZEMA, Dita CHARANZOVÁ, Morten LØKKEGAARD, Karen MELCHIOR, Sandro GOZI

Proposal for a directive
Article 4 – paragraph 3 – subparagraph 2

Amendment 208 #

Proposal for a directive
Article 4 – paragraph 3 a (new)

3a. Producers shall provide in a clear manner all available information necessary for the repairer to complete the European Repair Information Form.

Amendment 209 #

Catharina RINZEMA, Dita CHARANZOVÁ, Morten LØKKEGAARD, Karen MELCHIOR

Proposal for a directive
Article 4 – paragraph 4 – introductory part

4. The European Repair Information Form shall, where relevant and possible, specify the following conditions of repair in a clear and comprehensible manner:

Amendment 210 #

Proposal for a directive
Article 4 – paragraph 4 – introductory part

4. The European Repair Information Form ~~shall specify the following conditions of repair in a clear and comprehensible manne~~, or other form of informing the consumer shall specify the following mandatory information on conditions of repair:

Amendment 211 #

Proposal for a directive
Article 4 – paragraph 4 – point a

(a) the identity of the repairer (name of the company, legal establishment, business registration, registration number);

Amendment 212 #

Tomislav SOKOL

Proposal for a directive
Article 4 – paragraph 4 – point d a (new)

(da) if possible, an estimation of the remaining lifespan of the product after the repair;

Amendment 213 #

Proposal for a directive
Article 4 – paragraph 4 – point e

(e) the ~~price or, if the price~~total price, including but not limited to costs for spare parts, labour costs, costs for operating the repair facility, costs for the freight, delivery or post charges, or, if either the total price or any of its subparts cannot reasonably be calculated in advance, the manner in which the price is to be calculated and the maximum expected price for the repair;

Amendment 214 #

Proposal for a directive
Article 4 – paragraph 4 – point e

(e) the price or, if the price cannot reasonably be calculated in advance, the manner in which the price is to be calculated and the maximum price range expected for the repair;

Amendment 215 #

Proposal for a directive
Article 4 – paragraph 4 – point e

(e) the price or, if the price cannot reasonably be calculated in advance, the manner in which the price is to be calculated and the maximum price expected for the repair;

Amendment 216 #

Proposal for a directive
Article 4 – paragraph 4 – point f

(f) the estimated time needed to complete the repair (the seller shall notify the consumer if the time to complete the repair is longer than anticipated);

Amendment 217 #

Proposal for a directive
Article 4 – paragraph 4 – point f

(f) the estimated maximum time needed to complete the repair;

Amendment 218 #

Proposal for a directive
Article 4 – paragraph 4 – point g

(g) the availability of free-of-charge temporary replacement goods during the time of repair ~~and the costs of temporary replacement, if any, for the consumer~~. When provided against reasonable costs, the consumer shall be informed thereof;

Amendment 219 #

Proposal for a directive
Article 4 – paragraph 4 – point h

(h) the place where the consumer hands over the goods for repair and the opening hours,

Amendment 220 #

Proposal for a directive
Article 4 – paragraph 4 – point i

(i) where applicable, the availability of ancillary services, such as removal, installation and transportation, offered by the repairer and the costs of those services, if any, for the consumer. Without prejudice to other obligations stipulated in Article 13 of Directive (EU) 2019/771, the provider of repair service shall, as a minimum requirement, be obliged to assess liability for any lack of conformity for the repaired part or parts, aspects or feature of the good, which exists at the time the consumer received the repaired goods and which becomes apparent within six month after that time;

Amendment 221 #

Proposal for a directive
Article 4 – paragraph 4 – point i a (new)

(ia) information on payment transactions (advance or normal payment, full payment or payment in instalment);

Amendment 222 #

Proposal for a directive
Article 4 – paragraph 4 – point i a (new)

(ia) the travel and repair assessment costs for at-home repairs, where applicable;

Amendment 223 #

Proposal for a directive
Article 4 – paragraph 4 – point i a (new)

(ia) additional information provided voluntarily by the repairer.

Amendment 224 #

Catharina RINZEMA, Dita CHARANZOVÁ, Morten LØKKEGAARD, Karen MELCHIOR

Proposal for a directive
Article 4 – paragraph 5

5. The repairer shall not alter the conditions of repair specified in the European Repair Information Form or by other mean 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 or there is a need to correct a manifest mistake. Repairers other than the producers, authorised representatives, importers or distributors who have an obligation to repair by virtue of Article 5 or where applicable their subcontractors, may refuse the repair, based on duly justified reasons presented to the consumer, which prevent the performance of the repair. 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 shall constitute an integral part of that contract.

Amendment 225 #

Proposal for a directive
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 or in the event of obvious mistakes, such as typos. 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 shall constitute an integral part of that contract.

Amendment 226 #

Proposal for a directive
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 shall constitute an integral part of that contract.

Amendment 227 #

Proposal for a directive
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 minimum 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 th~~e 30 day~~is period, the conditions of repair specified in the European Repair Information Form shall constitute an integral part of that contract.

Amendment 228 #

Proposal for a directive
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 ~~shall~~may constitute an integral part of that contract.

Amendment 229 #

Proposal for a directive
Article 4 – paragraph 6 a (new)

6a. Member States shall ensure that producers inform consumers of their obligation pursuant to this Article and provide information on the repair services in an easily accessible, clear and comprehensible manner, for example through the European Repair Information Form mentioned in this Article.

Amendment 230 #

Proposal for a directive
Article 5

1. 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. 2. 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. 3. independent repairers have access to spare parts and repair-related information and tools in accordance with the Union legal acts listed in Annex II. 4. 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.Article 5 deleted Obligation to repair Member States shall ensure that Where the producer obliged to Producers shall ensure that The Commission is empowered to

Amendment 231 #

Catharina RINZEMA, Dita CHARANZOVÁ, Morten LØKKEGAARD, Karen MELCHIOR

Proposal for a directive
Article 5 – title

~~Obligation to repair~~ Amendments to Directive 2011/83/EU 1. Directive 2011/83/EU is amended as follows: In Article 5, paragraph 1 is amended as follows: (a) the following point (ia) is inserted: ‘(ia) where the producer makes such information available, the minimum period in units of time during which the producer provides repair service for the goods;

Amendment 232 #

Proposal for a directive
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 case, the producer shall contribute to the necessary measures for repair, by providing information, specifications and elements so that the repairer, at the request of the consumer, can actually perform the repair service. Where repair cannot be reasonably expected, the producer has the right to replace the good with a refurbished good.

Amendment 233 #

Proposal for a directive
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~~, unless a more cost-effective and environment- friendly option is available and accepted by the consumer. The responsible entity shall not be obliged to repair such goods where repair is impossible, for instance, when the producer ceased its operations, technically or economically unfeasible. The producer may sub-contract repair or if accepted by the consumer, offer refurbished good as a replacement, for free or against a price or another kind of consideration, in order to fulfil its obligation to repair.

Amendment 234 #

Proposal for a directive
Article 5 – paragraph 1

1. Member States ~~shall~~may take legislative or non-legislative measures to 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 requirement~~goods which are listed in Annex II. The producer shall not be obliged to repair such goods where repair is factually or legally impossible. The producer shall not refuse the consumer’s 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 repairquest purely due to economic considerations such as the costs. The producer may fulfil its obligation by sub- contracting repair or by arranging organizational measures able to guarantee the consumer's right to repair. These measures include the obligation to provide all information, specifications and elements so as to enable the repairer, at the request of the consumer, to effectively repair the good.

Amendment 235 #

Proposal for a directive
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 236 #

Tomislav SOKOL

Proposal for a directive
Article 5 – paragraph 1

1. Member States shall ensure that upon the consumer’s request, the producer shall repair, for free or against a reasonable 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. For the duration of the repair, the producer may provide the consumer with a replacement or a refurbished good.

Amendment 237 #

Proposal for a directive
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 238 #

Proposal for a directive
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~~n affordable price, goods that fall under the scope of legal acts as listed in Annex II. The producer shall not be obliged to repair such goods where repair is ~~impossible~~technically or legally impossible. The producer shall not refuse the consumer’s request purely due to economic considerations such as the costs incurred by the repair. The producer may sub-contract repair in order to fulfil its obligation to repair.

Amendment 239 #

Andreas SCHWAB, Romana TOMC, Maria da Graça CARVALHO, Barbara THALER

Proposal for a directive
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~~any 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 240 #

Proposal for a directive
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.

Amendment 241 #

Catharina RINZEMA, Dita CHARANZOVÁ, Morten LØKKEGAARD, Svenja HAHN

Proposal for a directive
Article 5 – paragraph 1

Amendment 242 #

Proposal for a directive
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 243 #

Proposal for a directive
Article 5 – paragraph 1 a (new)

1a. The repair pursuant to paragraph 1 shall be carried out subject to the following conditions: (a) it shall be carried out either free of charge or at an affordable price for consumers; (b) it shall be carried out within a maximum of 15 calendar days, to be further defined depending on the specificities of product-category, from the moment the producer has taken physical possession of the good, has received the good or has been given access to the good by the consumer; and (c) the producer shall provide the consumer with a replacement good free of charge or against a reasonable fee for the duration of the repair.

Amendment 244 #

Arba KOKALARI, Marion WALSMANN, Andreas SCHWAB, Andrey KOVATCHEV

Proposal for a directive
Article 5 – paragraph 1 a (new)

1a. When a producer is established outside the Union, it shall appoint, by written mandate, an authorised representative established in the Union to ensure compliance with this Directive. It shall ensure that its authorised representative has the resources and the mandate to fulfil its obligations set out in this Directive and comply with requests and administrative decisions of market surveillance authorities;

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.

Amendment 246 #

Proposal for a directive
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. Where the producer, the importer or the distributor are not established in the Union, and where there is no authorised representative, the obligations of the producer shall be performed by a provider of an online platform that allows consumers to conclude distance contracts with traders, provided that the conditions of Article 6(3 set out in regulation (EU) 2022/2065 are fulfilled.

Amendment 247 #

Proposal for a directive
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~~fulfilment service provider shall perform the obligation of the producer. Where there is no fulfilment service provider involved, the distributor of the good concerned shall perform the obligation of the producer. For cases where there is no economic operator as listed in the first subparagraph able to fulfil the obligation of the producer, the obligation of the producer shall be performed by a provider of online marketplace.

Amendment 248 #

Proposal for a directive
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. Where the distributor or importer are aware that repair is impossible, for instance, when the producer ceased its operations, the importer shall provide this information to the distributor, and distributor to the consumer before purchase of the product in a clear and unambiguous manner.

Amendment 249 #

Marco CAMPOMENOSI, Alessandra BASSO, Isabella TOVAGLIERI, Antonio Maria RINALDI, Virginie JORON

Proposal for a directive
Article 5 – paragraph 2

Amendment 250 #

Proposal for a directive
Article 5 – paragraph 2

Amendment 251 #

Proposal for a directive
Article 5 – paragraph 2

Amendment 252 #

Catharina RINZEMA, Dita CHARANZOVÁ, Morten LØKKEGAARD, Karen MELCHIOR, Svenja HAHN, Sandro GOZI

Proposal for a directive
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. Where the importer or distributor of the good is based outside of the Union, the producer is required to have an authorised representative in the Union to perform the obligation of this Directive.

Amendment 253 #