Text · Comparison of two versions

Changes from report parliamentary committee draft to plenary report

IMCO-PR-749950 → A-9-2023-0316

From: IMCO-PR-749950 report parliamentary committee draft of 26 Jun 2023
To: A-9-2023-0316 Plenary report of 30 Oct 2023
Changes: 40 changes to the text
Paragraphs: +53 added · −42 removed · 29 changed

More facts (2)

Title (from): on the proposal for a directive of the European Parliament and of the Council on common rules promoting the repair of goods and amending Regulation (EU) 2017/2394, Directives (EU) 2019/771 and (EU) 2020/1828
Title (to): on the proposal for a directive of the European Parliament and of the Council on common rules promoting the repair of goods and amending Regulation (EU) 2017/2394, Directives (EU) 2019/771 and (EU) 2020/1828

Title (from): on the proposal for a directive of the European Parliament and of the Council on common rules promoting the repair of goods and amending Regulation (EU) 2017/2394, Directives (EU) 2019/771 and (EU) 2020/1828
Title (to): on the proposal for a directive of the European Parliament and of the Council on common rules promoting the repair of goods and amending Regulation (EU) 2017/2394, Directives (EU) 2019/771 and (EU) 2020/1828

Changes that matter, 40

Changes to the text in document order — the ones the change notes describe. Cover page, renumbering and punctuation-only edits are left out (see “Every difference”); changes to citations and references stay in and are marked as formal in the notes.

Change 1

Removed~~Recital 6: deleted~~

AddedRecital 1: (1) Directive (EU) 2019/771 of the European Parliament and of the Council12 pursues the objective of improving the functioning of the internal market, while achieving a high level of consumer protection as well as increased circularity within the economy. In the context of the green transition, this Directive pursues the objective of improving the functioning of the internal market, while promoting more sustainable consumption, and thereby complements the objective pursued by Directive (EU) 2019/771.

RemovedRecital 10: (10) Repairers should not alter the conditions of repair that they provide in the European Repair Information Form, including on the price for repair, for 30 calendar days. This ensures that consumers are given sufficient time to compare different repair offers. In order to safeguard as much as possible the contractual freedom for repairers other than producers of goods for whom an obligation to repair applies, to be able to decide whether to conclude a contract for the provision of repair services at all, repairers should remain free to decide not to conclude such a contract. If a contract for the provision of repair services is concluded based on the European Repair Information Form, the information on conditions of repair and price contained in that form should constitute an integral part of the contract for the provision of repair services, thereby defining the repairer’s obligations under that contract. Non-compliance with those contractual obligations is governed by the applicable national law.

AddedRecital 3: (3) In order to reduce premature disposal of viable goods purchased by consumers and to encourage consumers to use their goods longer, it is necessary to strengthen consumers’ right to repair, whereby consumers can seek quality and affordable repair from the provider of their choice. Repair should result in a sustainable consumption, respectful of planetary boundaries since it is likely to generate less waste caused by discarded goods, less demand for resources, including energy, caused by the process of manufacturing and sale of new goods replacing defective goods, as well as less greenhouse gas emissions. This Directive promotes sustainable consumption in view of achieving benefits for the environment, by promoting a life cycle of products which include re-use, repair and refurbishment, while also producing benefits for consumers by avoiding costs associated with new purchases in the short term.

RemovedRecital 11: (11) Directive (EU) 2019/771 imposes an obligation on sellers to repair goods in the event of a lack of conformity which existed at the time that the goods were delivered and which becomes apparent within the liability period. Under that Directive, consumers are not entitled to have defects repaired which fall outside that obligation. As a consequence, a large number of defective, but otherwise viable, goods are prematurely discarded. In order to encourage consumers to repair their good in such situations, this Directive should impose an obligation on producers to repair goods listed in Annex II. That repair obligation should be imposed, upon the consumer’s request, on the producers of such goods, since they are the addressees of those reparability requirements. That obligation should apply to producers established both inside and outside the Union in relation to goods placed on the Union market.

AddedRecital 4 a (new): (4a) Consumer behaviour consists of a wide variety of aspects. When choosing between repair and purchase of a new product, decision criteria, such as economic convenience, durability, availability and proximity of a repair service, and the time required for a repair play a key role. Various obstacles might also prevent consumers from option for repair, such as the unavailability of information on reparability of a product when purchasing a good, lack of access to spare parts, lack of information on repair services, and costs of repair. In addition to the provisions laid down in this Directive, awareness-raising measures to promote a culture of repair, the improvement of consumers' knowledge on proper maintenance and care of products and knowledge of their existing rights including in terms of legal guarantee, as well as financial incentives for consumers, producers and repairers should be equivalently promoted and fostered.

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RemovedRecital 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, costs such as costs for spare parts, labour costs, costs for the freight, delivery or postal charges or, if either the total price or any of the elements of the price cannot reasonably be calculated in advance, information on the manner in which the price is to be calculated and the maximum price for the repair. . 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.

AddedRecital 6: (6) Reparability requirements should comprise all requirements under Union legal acts which ensure that goods can be repaired, including but not limited to requirements under the ecodesign framework referred to in Regulation [on the Ecodesign for Sustainable Products], to cover a broad range of products as well as future developments.

AddedRecital 7: (7) In order to help consumers identify and choose suitable repair services, consumers should receive key information on repair services. The European Repair Information Form should lay down key parameters that influence consumer decisions when considering whether to repair defective goods. This Directive should set out a model standardised format. A standardised format for presenting repair services should allow consumers to assess and easily compare repair services. Such standardised format should also facilitate the process of providing information on repair services, in particular for micro, small and medium sized businesses providing repair services. Information in the European Repair Information Form should be provided to consumers in a clear and comprehensible manner and in line with the accessibility requirements of Directive 2019/88214 .

AddedRecital 8: (8) The consumer’s free choice to decide by whom to have its goods repaired should be facilitated by a voluntary provision of the European Repair Information Form not only by the producer, but also from the seller of the goods concerned or from independent repairers, where applicable. Repairers should provide the European Repair Information Form only voluntarily. A consumer may also conclude a contract for the provision of repair services with a repairer pursuant to pre-contractual information provided by other means in accordance with Directive 2011/83/EU of the European Parliament and the Council.15

AddedRecital 9: (9) There are situations in which a repairer incurs costs necessary for providing the information on repair and price included in the European Repair Information Form. Charging those costs should be limited to cases where the repairer may need to inspect the goods to be able to determine the defect or type of repair that is necessary, including the need for spare parts, and to estimate the repair price. In these cases, a repairer may only request a consumer to pay the costs that are necessary for providing this information included in the European Repair Information Form. These costs must in no way constitute an obstacle to the rest of the repair process nor have a dissuasive effect on the repair in general. In line with the pre-contractual information and other requirements set out in Directive 2011/83/EU, the repairer should inform the consumer about such costs before the consumer requests the provision of the European Repair Information Form. Consumers may refrain from receiving the European Repair Information Form where they consider that the costs for obtaining that form are too high.

AddedRecital 11: (11) Directive (EU) 2019/771 imposes an obligation on sellers to repair goods in the event of a lack of conformity which existed at the time that the goods were delivered and which becomes apparent within the liability period. Under that Directive, consumers are not entitled to have defects repaired which fall outside that obligation. As a consequence, a large number of defective, but otherwise viable, goods are prematurely discarded. In order to encourage consumers to repair their good in such situations, this Directive should impose an obligation on producers to repair goods that are listed in Annex II to this Directive. That repair obligation should be imposed, upon the consumer’s request, on the producers of such goods, since they are the addressees of those reparability requirements. That obligation should apply to producers established both inside and outside the Union in relation to goods placed on the Union market. However, the obligation for repair should be proportionate and take into account the availability of spare parts for the lifetime of the product. Spare parts should at least be made available for the time period set out in Union acts. Furthermore, this Directive should not put into question the economic freedom of choice for producers to stop manufacturing a product.

AddedRecital 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. For cases where those costs cannot be estimated prior to the repair, information on maximum expected price should be delivered to consumers. The price for and the conditions of repair should be agreed in a contract between the consumer and the producer and the consumer should remain free to decide whether that price and those conditions are acceptable. The need for such a contract and the competitive pressure from other repairers should encourage producers who are obliged to repair to keep the price acceptable for the consumer. The repair obligation may also be performed for free when the defect is covered by a commercial guarantee, for instance, in relation to guaranteed durability of goods. To incentivise consumers to have their product repaired outside of the legal guarantee, a producer may offer a loan of a replacement or refurbished good for the duration of the repair, which is expected to be returned once th…

Change 2

ChangedRecital 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. To complement those measures, access for independent ~~repairers~~repairers, remanufacturers, refurbishers and ~~consumers~~end-users to all spare parts, ~~the~~all related ~~information,~~information ~~any~~and ~~tool~~tools, ~~and~~including ~~auxiliary~~diagnostic ~~means~~tools, 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.~~repairer 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.

Change 3

ChangedRecital 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. Because of their role in the supply chain of goods to consumers, fulfilment service providers ~~and online platforms~~ should also be covered by this Directive. This should prevent situations where no economic operator is established in the Union to fulfil the repair obligation. Producers established outside the Union should organise and perform their obligation to repair within the Union.

Change 4

RemovedRecital 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 listed in Annex II. The obligation to repair under this Directive, which allows the consumer to claim repair directly against the producer in the after-sales phase, should encourage consumer demand for repair. / (deleted)

AddedRecital 16: (16) To avoid overburdening producers and to ensure they are able to perform their obligation to repair, that obligation should be established for those products for which and to the extent any reparability requirements are provided for in Union legal acts and for other reparable products, including bicycles. 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 Council 17 , 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-sale…

RemovedRecital 17: (17) To ensure legal certainty, this Directive lists in Annex II relevant product groups for the repair obligation under this Directive. In order to ensure coherence with future market and legislative 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. 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.

AddedRecital 16 a (new): (16a) By 5 years after the entry into force of this Directive, the Commission should carry out an evaluation of this Directive and assess its contribution, and in particular Articles 5, 9a and 12, to the proper functioning of the internal market, the high level of consumer protection and the improvement of the environmental sustainability of products, as well as their impact on businesses, in particular micro, small and medium enterprises. With regards to Article 7 it should evaluate and assess the effectiveness of online platforms for repair based on data from individual Member States, containing information on the number of active repair service providers, consumers and the number of transactions performed. The Commission should draw up a report on the main findings and submit it to the European Parliament, the Council, the European Economic and Social Committee, and the Committee of the Regions. Member States should provide the Commission with the information necessary for the preparation of that report. The report should be accompanied, where appropriate, by a legislative proposal.

RemovedRecital 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. 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. 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.

AddedRecital 17: (17) To ensure legal certainty, this Directive lists in Annex II relevant product groups for the repair obligation under this Directive or that are covered by reparability requirements under Union legal acts as well as other reparable goods, including bicycles. In order to ensure coherence with future market and legislative 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, for instance when new reparability requirements are adopted. When adding new product groups to the Annex II the Commission should conduct an impact assessment, in particular when the addition is undertaken independent of other acts under Union law. 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.

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RemovedRecital 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. Member States should communicate to the Commission the link of existing online platforms for repair in their territory within 12 months after entry into force of this Directive and the link of every new online platform for repair within 14 working days of their launch. The Commission should keep a publicly available and easily accessible and machine-readable database of online platforms for repair registered within the Member States. / (deleted)

AddedRecital 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. 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 or where relevant the seller are free to determine the means through which it informs the consumer, for example through means at the point of sale in a visible and prominent way.

RemovedRecital 25 a (new): (25a) To raise consumer awareness of the online platform for repair, Member States should take appropriate steps, for instance signposting the online platform on related national websites or carrying out communication campaigns. Economic operators or online platforms allowing long-distance contracts should also take appropriate steps to inform consumers about the online platform for repair, for instance, by sending the consumer the link or advertising it in store.

AddedRecital 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.

RemovedRecital 26: (26) In order to promote sustainable consumption of goods in situations outside the liability of the seller, the online platform for repair 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.

AddedRecital 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 . Member States should communicate to the Commission the link of existing online platforms for repair in their territory within 12 months after entry into force of this Directive and the link of every new online platform for repair within 14 working days of their launch. The Commission should keep a publicly available and easily accessible and machine-readable database of online platforms for repair registered within the Member States.

RemovedRecital 26 a (new): (26a) As a clear majority of Union citizens prefer having a good repaired rather than buying a new one1a, all consumers should have the means to have their goods repaired outside of the legal guarantee period. This would not only serve the Green Transition but support European businesses as well. In this regard, Member States should develop financial incentives to promote repair. In many Member States such measures already exist in the form of national repair funds or repair vouchers. In order to support the Member States further in promoting repair the Commission should propose an amendment to the Council to extend the scope of point (19) of Annex III to Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax to other product categories, at least to those mentioned in Annex II of this Directive. This could create more coherence between the product categories foreseen in Annex II of this Directive and the Annex III of the Council Directive 2006/112/EC. This could enable all consumers to have their goods repaired rather than buying a replacement. / 1a See Flash Eurobarometer 388 report of June 2014 entitled ‘Attitudes of Europeans towards waste management and resource efficiency’.

AddedRecital 25 a (new): (25a) To raise consumer awareness of the online platform for repair, Member States should take appropriate steps, for instance signposting the online platform on related national websites or carrying out communication campaigns. Economic operators or online platforms allowing long-distance contracts should also take appropriate steps to inform consumers about the online platform for repair, for instance, by sending the consumer the link or advertising it in store. Methods to raise awareness shall take into account and be accessible for consumers with low literacy and digital skills.

AddedRecital 26 a (new): (26a) As a clear majority of Union citizens prefer having a good repaired rather than buying a new one1a, all consumers should have the means to have their goods repaired outside of the legal guarantee period. This would not only serve the Green Transition but support European businesses as well. In this regard, Member States should develop financial incentives to promote repair. In many Member States such measures already exist in the form of national repair funds or repair vouchers. In order to support the Member States further in promoting repair the Commission should consider proposing an amendment to the Council to extend the scope of point (19) of Annex III to Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax to other product categories, at least to those mentioned in Annex II to this Directive. This could create more coherence between the product categories foreseen in Annex II to this Directive and the Annex III of the Council Directive 2006/112/EC. This could enable all consumers to have their goods repaired rather than buying a replacement. 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. Member States should report to the Commission the measures taken, and the Commission should make the measures publicly available. / 1a See Flash Eurobarometer 388 report of June 2014 entitled ‘Attitudes of Europeans towards waste m…

AddedRecital 26 b (new): (26b) It is necessary that Member States lay down penalties for infringements of this Directive and ensure that they are enforced. The penalties should be effective, proportionate and dissuasive.

Change 5

ChangedRecital 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 factually or legally impossible. However, where the costs for replacement are higher than or equal to the costs of repair, the seller should always repair the ~~goods~~goods, unless the repair ~~creates~~would ancreate significant inconvenience ~~for~~to the consumer. ~~In situations~~Situations where athe repair ~~does~~would ~~not~~create ~~lead~~significant inconvenience to the ~~good~~consumer ~~being~~should inbe ~~conformity,~~considered on a case-by-case basis while taking into account the ~~principles~~nature of the goods and the purpose for which the consumer required the goods. In that respect, the Court of Justice of the European Union has established bythat ~~Directive~~a ~~2019/771~~significant ~~should~~inconvenience ~~apply.~~to ~~This~~the ~~should~~consumer ~~prevent~~could ~~situations~~be ~~where~~understood as a burden that is likely to deter the average consumer ~~faces~~from ~~consecutive~~asserting ~~repairs~~his ~~for~~rights. In this context, this is especially the ~~same~~case ~~defect~~where the consumer has a valid interest for non-interrupted use of the ~~same good.~~goods, ~~Directive~~and ~~(EU)~~a ~~2019/771~~temporary ~~should~~replacement ~~therefore~~cannot be ~~amended~~provided ~~accordingly.~~or cannot be prov…

Change 6

ChangedRecital 28 a (new): (28a) To support consumers and toincentivise ~~reduce~~repair, the ~~inconvenience~~seller ~~for~~should, ~~them~~depending ofon ~~not~~the ~~having~~specificities of the ~~goods~~relevant ~~while~~product-category, ~~they~~loan ~~are~~the ~~being~~consumer ~~repaired,~~a replacement product, if the ~~seller~~repair ~~should~~was ~~loan~~not ~~the~~completed ~~consumer~~within a ~~replacement~~reasonable ~~product.~~period of time. This replacement product can also be a refurbished good but should be temporarily loaned to the consumer without cost. Furthermore, the seller should undertake the repair ~~as quickly as possible. The repair should not take longer than 15 calendar days, once the seller has been informed~~within ~~about~~a ~~the~~reasonable ~~non-conformity~~period of ~~the good.~~time.

Change 7

ChangedRecital 28 b (new): (28b) Directive (EU) 2019/771 imposes an obligation on sellers to repair goods in the event of a lack of conformity existing at the time when the goods were delivered and which becomes apparent within the liability period. In order to promote repair within the liability period, once they choose repair as a remedy to bring a good into conformity, consumers should be able to benefit from an extended liability period of an additional ~~two~~one ~~years~~year starting from the moment their good is returned to them, ~~repaired.~~repaired, provided that Member States have maintained or introduced time limits for the conformity of the original good in accordance with Article 10, paragraphs 1, 2 or 3 of that Directive. This extension of the legal guarantee period should only apply to the first repair under Directive (EU) 2019/771. Directive (EU) 2019/771 should therefore be amended accordingly.

Change 8

ChangedRecital 28 c (new): (28c) AConsumers choosing repair as the remedy to have the goods brought in conformity should be allowed to choose between the seller or the producer to have the goods being brought into conformity. When consumers choose that the product should be brought into conformity by the producer, a direct producer liability should be established for the repair of products. In such a case, the producer should repair the product to remedy the non-conformity. Producers should try to react swiftly with their assessment if the product can be repaired. If repair is impossible the producer should assess the situation and solve it in a convenient way for the consumer, for instance by getting in touch with the initial seller and the consumer. To avoid the same repair for the same defect by the seller in such a case, the seller should be discharged from his liability for that defect and once successfully repaired by the producer, the good should be regarded as being in conformity. No other rights of the consumer under Directive (EU) 2019/771 should be affected by this producer liability in case of repair as remedy to a non-conformity.

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Change 9

RemovedRecital 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 [12 months after the entry into force]. The amendment to Directive (EU) 2019/771 should apply only to sales contracts concluded after [12 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.

AddedRecital 28 d (new): (28d) In order to incentivise consumers to opt for repair, the commercial guarantee should not contain any terms that would discourage consumers from making use of its right to repair a good that is not in conformity.

RemovedArticle 2 – paragraph 1 – point 6 a (new): 6a. ‘fulfilment service provider’ means any natural or legal person offering, in the course of commercial activity, at least two of the following services: warehousing, packaging, addressing and dispatching of a product, without having ownership of the product, with the exception of ‘postal services’ as defined in Article 2, point (1), of Directive 97/67/EC of the European Parliament and of the Council1a, of ‘parcel delivery services’ as defined in Article 2, point (2), of Regulation (EU) 2018/644 of the European Parliament and of the Council1b, and of any other postal services or freight transport services; / 1a Directive 97/67/EC of the European Parliament and of the Council of 15 December 1997 on common rules for the development of the internal market of Community postal services and the improvement of quality of service (OJ L 15, 21.1.1998, p. 14). / 1b Regulation (EU) 2018/644 of the European Parliament and of the Council of 18 April 2018 on cross-border parcel delivery services (OJ L 112, 2.5.2018, p. 19).

AddedRecital 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 [18 months after the entry into force]. The amendment to Directive (EU) 2019/771 should apply only to sales contracts concluded after [18 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.

RemovedArticle 2 – paragraph 1 – point 7 a (new): 7a. ‘online platform’ means ‘online platform’ as defined in Article 2, point (h), of Regulation (EU)2022/2065 of the European Parliament and of the Council1a; / 1a Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a Single Market For Digital Services and amending Directive 2000/31/EC (Digital Services Act) (OJ L 277, 27.10.2022, p. 1)

AddedArticle 1 – paragraph 1: 1. This Directive lays down common rules strengthening the right to repair of goods 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.

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Removed~~Article 2 – paragraph 1 – point 10: deleted~~

AddedArticle 2 – paragraph 1 – point 1 a (new): 1a. ‘repair’ means returning a defective product or waste to a condition where it fulfils its intended use;

RemovedArticle 3 – paragraph 1: Member States shall not maintain or introduce in their national law provisions diverging from those laid down in this Directive, unless otherwise provided for in this Directive

AddedArticle 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;

RemovedArticle 4 – paragraph 4 – point e: (e) the 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 postal charges if either the total price or any of its subparts 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;

AddedArticle 2 – paragraph 1 – point 2 a (new): 2a. ‘independent operator’ means a natural or legal person, other than an authorised representative, seller or repairer, who is directly or indirectly involved in the repair and maintenance of the good, 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;

RemovedArticle 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. 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.

AddedArticle 2 – paragraph 1 – point 6 a (new): 6a. ‘fulfilment service provider’ means any natural or legal person offering, in the course of commercial activity, at least two of the following services: warehousing, packaging, addressing and dispatching of a product, without having ownership of the product, with the exception of ‘postal services’ as defined in Article 2, point (1), of Directive 97/67/EC of the European Parliament and of the Council1a, of ‘parcel delivery services’ as defined in Article 2, point (2), of Regulation (EU) 2018/644 of the European Parliament and of the Council1b, and of any other postal services or freight transport services; / 1a Directive 97/67/EC of the European Parliament and of the Council of 15 December 1997 on common rules for the development of the internal market of Community postal services and the improvement of quality of service (OJ L 15, 21.1.1998, p. 14). / 1bRegulation (EU) 2018/644 of the European Parliament and of the Council of 18 April 2018 on cross-border parcel delivery services (OJ L 112, 2.5.2018, p. 19).

Change 10

ChangedArticle 54 – paragraph 1: 1. ~~Member States shall ensure~~Repairers ~~that~~may ~~upon~~provide the ~~consumer’s~~consumer, ~~request,~~with the ~~producer shall~~European ~~repair,~~Repair ~~goods~~Information ~~which~~Form ~~are~~set ~~listed~~out in Annex ~~II.~~I ~~The~~to ~~producer~~this ~~shall~~Directive ~~not~~on bea ~~obliged~~durable tomedium ~~repair~~within ~~such~~the ~~goods~~meaning ~~where~~of ~~repair~~Article is2 ~~factually~~(11) orof ~~legally~~Directive ~~impossible.~~2019/771/EU. ~~The~~In ~~producer~~such ~~shall~~cases, ~~not~~producers ~~refuse~~or the ~~consumer’s~~relevant ~~request~~economic ~~purely~~operator ~~due~~under toArticle ~~economic~~5 ~~considerations~~of ~~such~~this asDirective shall provide the ~~costs.~~repairer ~~The~~in ~~producer~~a ~~may~~clear ~~sub-contract~~manner ~~repair~~with ininformation ~~order~~necessary for the repairer to ~~fulfil~~complete ~~its~~the ~~obligation~~European toRepair ~~repair.~~Information Form.

Change 11

RemovedArticle 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 in return for consideration; / b) it shall be carried out within 15 calendar days from the moment the producer has 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 the loan of a replacement good for the duration of the repair.

AddedArticle 4 – paragraph 2: deleted

RemovedArticle 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 fulfilment service provider of the good concerned shall perform the obligation of the producer. Where there is no fulfilment service provider, the distributor of the good concerned shall perform the obligation of the producer. / Where there is no producer established in the Union, authorised representative, importer, fulfilment services provider or distributor, the obligation 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.

AddedArticle 4 – paragraph 3 – subparagraph 1: Where a physical examination including an on-site assessment 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.

RemovedArticle 5 – paragraph 3: 3. For all goods listed in Annex II, producers shall allow independent repairers and consumers access to all spare parts and all repair-related information and tools at a reasonable and non-discriminatory cost for a period corresponding to at least the expected lifespan of the product .

AddedArticle 4 – paragraph 4 – point e: (e) the maximum price expected for the repair including but not limited to costs for spare parts, labour costs, costs for the freight, delivery or postal 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;

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AddedArticle 4 – paragraph 4 – point i a (new): (i a) additional information provided voluntarily by the repairer.

AddedArticle 5 – paragraph 1: 1. Member States shall ensure that upon the consumer’s request, the producer shall repair, goods which are listed in Annex II, whether or not reparability requirements for those goods are provided for by Union legal acts. 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 request purely due to economic considerations such as the costs. 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 to allow the repairer to fulfil his obligations.

AddedArticle 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 in return for consideration; / b) it shall be carried out within a reasonable time from the moment the producer has physical possession of the good, has received the good or has been given access to the good by the consumer; / c) the producer may provide the consumer with the loan of a replacement good free of charge or against a reasonable fee for the duration of the repair; and / d) in cases where the repair is factually or legally impossible, the producer may provide the consumer with a refurbished product that shall upon acceptance by the consumer discharge the producer from the repair obligation under this Article.

AddedArticle 5 – paragraph 2: 2. Where the producer obliged to repair pursuant to paragraph 1 is established outside the Union, it shall appoint, by written mandate, an authorised representative to ensure compliance with this Directive. It shall ensure that its authorised representative has the resources and the mandate to fulfil the obligations set out in this Directive / 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 fulfilment service provider of the good concerned shall perform the obligation of the producer. Where there is no fulfilment service provider, the distributor of the good concerned shall perform the obligation of the producer.

AddedArticle 5 – paragraph 3: 3. For all goods listed in Annex II to this Directive, producers shall ensure that independent repairers, remanufacturers, refurbishers and end-users have access to all spare parts and all repair-related information and tools, including diagnosis tools, at a reasonable and non-discriminatory cost for a period corresponding to at least the expected lifespan of the product. Access to diagnostic tools shall be provided subject to applicable rules on the protection of trade secrets as defined in Article 2 point 1 of Directive (EU) 2016/943.

Change 12

AddedArticle 5 – paragraph 3 b (new): 3b. Producers shall not impede the repair by any contractual, hardware or software technique. Producers shall not impede the use of original or second-hand spare parts, compatible spare parts and spare parts issued from 3D-printing, by independent repairers when those spare parts are in conformity with requirements under national or Union law.

AddedArticle 5 – paragraph 3 c (new): 3c. Producers shall not refuse to service or repair a device that was bought or previously repaired outside of their authorised service or distribution networks.

Change 13

Removed~~Article 7 – title: Online platform for repair~~

AddedArticle 6 – paragraph 1: Member States shall ensure that producers or sellers inform consumers of their obligation to repair pursuant to Article 5 and provide information on the repair services free of charge, in an easily accessible, clear and comprehensible manner, for example through the online platform referred to in Article 7, their relevant websites or at the point of sale.

Change 14

ChangedArticle 7 – paragraph 31 a– ~~(new):~~introductory ~~3a.~~part: 1. Member States shall ensure that ~~the information~~at onleast ~~the~~one online platform exists for ~~repair~~their isterritory. Member States shall particularly promote private initiatives aimed at establishing such online platforms. Such online platforms shall allow consumers to easily ~~accessible~~find repairers, including repair led-communities and ~~up-to-date.~~repair cafés and shall:

Change 15

RemovedArticle 7 – paragraph 3 b (new): 3b. Member States shall communicate to the Commission the link of existing online platforms for repair in their territory by ...[ 12 months after entry into force of this Directive] and the link of every new online platform for repair within 14 working days of their launch. The Commission shall keep a publicly available and easily accessible and machine-readable database of online platforms for repair registered within the Member States.

AddedArticle 7 – paragraph 1 – point a: (a) include search functions regarding goods, location of repair services, including a map based function, the possibility to provide cross border services, repair conditions, including the time needed to complete the repair, the availability of temporary replacement goods and the place where the consumer hands over the goods for repair, availability and conditions of ancillary services, including removal, installation and transportation, offered by repairers, and applicable European or national quality standards;

Change 16

ChangedArticle 7 – paragraph ~~3 c (new): 3c. Member States and the~~1 ~~Commission~~– ~~shall~~point ~~take~~c ~~appropriate~~a ~~measures~~(new): to(ca) inform ~~consumers, relevant economic operators and sellers~~consumers about ~~the availability of the online platform established pursuant to Article~~applicable ~~7(1)~~financial and ~~that~~fiscal ~~consumers~~incentives ~~have~~to ~~easy~~lower ~~access~~costs toof ~~it.~~repair;

Change 17

ChangedArticle 7 – paragraph ~~3 d (new): 3d. The relevant~~1 ~~economic~~– ~~operator~~point ord ana ~~online~~(new): ~~platform~~(da) ~~that~~allow ~~allows~~for consumers to ~~conclude distance contracts should~~ provide ~~consumers with information~~a onreview ~~the~~or ~~availability~~rating, ofreflect the ~~online platform, established pursuant to Article 7(1),~~quality inof ~~their~~repairers’ ~~territory.~~work;

Change 18

RemovedArticle 9 a (new): Article 9a / Member States measures promoting repair / 1. Member States shall take appropriate measures promoting repair. / 2. The measures referred to in paragraph 1 may, for example, take the form of repair vouchers, national repair funds or other measures and incentives. / 3. Member States shall report to the Commission the measures taken under paragraph 1. By ... [24 months after the date of transposition of this Directive], the Commission shall make the measures introduced by Member States publicly available. Member States shall report to the Commission on the applicable measures by...[ 12 months year after the date of transposition of this Directive].

AddedArticle 7 – paragraph 1 – subparagraph 1 a (new): Whenever there is at least one platform in the territory of a Member State in private ownership that meets the requirements listed in the first subparagraph, the obligation in that subparagraph is deemed to be fulfilled by the respective Member State.

RemovedArticle 11 – paragraph 1 a (new): 1a. Member States shall ensure that the following non-exhaustive and indicative criteria are taken into account for the imposition of penalties, where appropriate: / (a) the nature, gravity, scale and duration of the infringement; / (b) any action taken by the seller or producer to mitigate or remedy the damage suffered by consumers; / (c) any previous infringements by the seller or producer; / (d) the financial benefits gained or losses avoided by the seller or producer due to the infringement, if the relevant data are available; / (e) penalties imposed on the seller or producer for the same infringement in other Member States in cross-border cases where information about such penalties is available through the mechanism established by Regulation (EU) 2017/2394 of the European Parliament and of the Council ; / (f) any other aggravating or mitigating factors applicable to the circumstances of the case.

AddedArticle 7 – paragraph 3: 3. Registration on the online platform for repairers, as well as for community repair initiatives such as repair cafés, sellers of goods subject to refurbishment and for purchasers of defective goods for refurbishment, shall be voluntary. Member States shall determine the access to the platform in accordance with Union law. The use of the online platform shall be free of charge for consumers.

AddedArticle 7 – paragraph 3 a (new): 3a. Member States shall ensure that online platforms are accessible, and ensure that the information provided is up-to-date, and presented in a consumer-friendly manner.

AddedArticle 7 – paragraph 3 b (new): 3b. Member States shall communicate to the Commission the link of existing online platforms for repair in their territory by ... [12 months after entry into force of this Directive] and the link of every new online platform for repair within 14 working days of their launch. The Commission shall keep a publicly available, easily accessible and machine-readable database of online platforms for repair registered within the Member States.

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AddedArticle 7 – paragraph 3 c (new): 3c. Member States and the Commission shall take appropriate measures to inform consumers, relevant economic operators and sellers about the availability of online platforms established pursuant to paragraph1 of this Article and that consumers have easy access to it.

AddedArticle 7 – paragraph 3 d (new): 3d. The relevant economic operator or an online platform that allows consumers to conclude distance contracts should provide consumers with information on the availability of online platforms, established pursuant to paragraph 1 of this Article, in their territory.

AddedArticle 7 a (new): Article 7a / Measures for Micro, Small and Medium-sized enterprises (SMEs) / 1. Member States shall take appropriate measures to support micro, small and medium-sized enterprises within the meaning of Commission Recommendation 2003/361/EC in complying with the requirements and obligations set out in this Directive. Those measures shall at least include: / a) guidelines or similar measures to raise awareness on how to comply with the requirements and obligations set out in this Directive; / b) tailored trainings for entrepreneurs and their employees.

AddedArticle 9 a (new): Article 9a / Member States measures promoting repair / 1. Member States shall take appropriate measures promoting repair. / 2. The measures referred to in paragraph 1 may, for example, take the form of repair vouchers, national repair funds or other actions and incentives. / 3. Member States shall report to the Commission the measures taken under paragraph 1. By ... [12 months after the date of transposition of this Directive], the Commission shall make those measures publicly available. Member States shall report to the Commission on the applicable measures by...[ 12 months after the date of transposition of this Directive]. / 4. Member States shall ensure that the fundamental freedoms to provide services and of establishment as enshrined in the Treaties apply to providers of repair services, including in line with Directive (EU) 2018/958, as applicable. Furthermore, Member States shall not introduce in their national laws unjustified qualification requirements for professional repair services nor shall conduct checks, inspections or investigations which are unjustified in the light of those fundamental freedoms. / 5. Member states shall ensure that the provider of a repair shall be liable for any lack of conformity for the repaired part or parts, aspects or feature of the good, which exists at the time when the consumer received the repaired good and which becomes apparent within a minimum period of at least twelve months of that time. / 6. Member States shall ban practices…

AddedArticle 10 – paragraph 2 – subparagraph 1 a (new): Member States shall ensure that commercial guarantees of durability sold in addition to the legal guarantee of conformity under Directive (EU) 2019/771, shall always include a right to repair for the product covered during its duration. When promoting the commercial guarantee, producers shall ensure that a summary of the conditions of the commercial guarantee is provided in a clear and precise manner, so that consumers are fully aware of their rights and are not mislead.

AddedArticle 11 – paragraph 1 a (new): 1a. Member States shall ensure that the following non-exhaustive and indicative criteria are taken into account for the imposition of penalties, where appropriate: / (a) the nature, gravity, scale and duration of the infringement; / (b) the financial capabilities and the size of the concerned enterprise; / (c) any action taken by the seller or producer to mitigate or remedy the damage suffered by consumers; / (d) any previous infringements by the seller or producer; / (e) the financial benefits gained or losses avoided by the seller or producer due to the infringement, if the relevant data are available; / (f) penalties imposed on the seller or producer for the same infringement in other Member States in cross-border cases where information about such penalties is available through the mechanism established by Regulation (EU) 2017/2394 of the European Parliament and of the Council; / (g) any other aggravating or mitigating factors applicable to the circumstances of the case.

Change 19

ChangedArticle 11 – paragraph 2: 2. Member States shall, by 1218 months from the entry into force notify the Commission of the rules and of the measures referred to in paragraph ~~1and~~1 and shall notify it without delay of any subsequent amendment affecting them.

Change 20

Removed~~Directive (EU) 2019/771~~

RemovedArticle 12 – paragraph -1 (new), Article 7 – paragraph 1 – point d: -1. Article 7(1), point (d) is replaced by the following: / "(d) be of the quantity and possess the qualities and other features, including in relation to durability, reparability, functionality, compatibility and security normal for goods of the same type and which the consumer may reasonably expect given the nature of the goods and taking into account any public statement made by or on behalf of the seller, or other persons in previous links of the chain of transactions, including the producer, particularly in advertising or on labelling.

Change 21

RemovedArticle 12 – paragraph -1 a (new), Article 10 – paragraph 6: -1a. In Article 10, paragraph 6 is replaced by the following: / "Member States shall ensure that, in the case of second-hand goods and especially refurbished goods, the seller and the consumer can not agree to contractual terms or agreements with a shorter liability or limitation period than those referred to in paragraphs 1, 2, and 5. Member States may maintain or introduce longer time limits."

AddedArticle 12 – paragraph 1 – point -1 (new), Article 7 – paragraph 1 – point d: Directive (EU) 2019/771 is amended as follows: / (-1) In Article 7(1), point (d) is replaced by the following: / ‘(d) be of the quantity and possess the qualities and other features, including in relation to durability, reparability, functionality, compatibility and security normal for goods of the same type and which the consumer may reasonably expect given the nature of the goods and taking into account any public statement made by or on behalf of the seller, or other persons in previous links of the chain of transactions, including the producer, particularly in advertising or on labelling.’

AddedThe text of the introductory part of the sole paragraph of Article 12 is amended here to cover amendments 65 - 72.

Change 22

ChangedArticle 12 – paragraph 1,1 – point 1 – point a (new), Article 13 – paragraph 2 – subparagraph 2 (new): 1.(1) Article 13 is amended as follows: / (a) In ~~Article~~paragraph ~~13(2),~~(2) the following subparagraph is added: / By‘By way of derogation from the first subparagraph, where the costs for replacement are equal to or greater than the costs for repair, the seller shall repair the goods in order to bring those goods in conformity, unless the repair is factually or legally impossible or would create significant inconvenience to the ~~consumer.~~consumer.’

Change 23

ChangedArticle 12 – paragraph 1– point 1 a– point b (new), Article 13 – paragraph 3 a (new): ~~1a. In Article 13~~(b) the following paragraph is inserted: / ~~"3a.~~‘3a. In the event that the consumer chooses ~~the~~for repair ~~option~~ as the remedy to ~~bring~~have the goods brought into conformity, the consumer may also directly request the producer to bring the goods into conformity. A fulfilment of this request by the producer ~~shall~~is deemed to discharge the seller from its liability pursuant to Article ~~10."~~10.

Change 24

ChangedArticle 12 – paragraph 1 b– point 1– point c (new), Article 13 – paragraph 4 a (new ): ~~1b. In Article 13~~(c) the following paragraph is inserted: / ~~"4a.~~''4a. Where, in accordance with paragraph 2 of this Article, the ~~consumer~~good ~~chooses~~has ~~the~~been ~~repair~~brought ~~option~~into asconformity ~~the~~by ~~remedy~~means toof ~~bring~~repair, the ~~goods into conformity ,~~seller ~~the~~or ~~seller~~producer shall be liable for any lack of conformity which exists at the time the consumer received the repaired goods and which becomes apparent within ~~two~~1 ~~years~~year after that ~~time.~~time provided that Member States have maintained or introduced time limits for the conformity of the original good in accordance with Article 10, paragraphs 1, 2 or 3. This shall not apply if the seller has already successfully repaired the goods in accordance with Article 10. Without prejudice to Article 7(3), this paragraph shall also apply to goods with digital elements. This paragraph shall be without prejudice to other time limits under Article 10 and further claims of the ~~consumer."~~consumer.''

Change 25

ChangedArticle 12 – paragraph 1– point 1 ca (new) – point a (new), Article 14 – paragraph 1: ~~1c. In~~(1a) Article 14 is amended as follows: / (a) paragraph 1 is replaced by the following: / ~~"1.~~“1. Repairs shall be carried out: / (b) within 15a ~~calendar~~reasonable ~~days~~period of time from the moment the seller has been informed by the consumer about the repair; / ~~The~~(c) without any significant inconvenience to the consumer, taking into account the nature of the goods and the purpose for which the consumer required the goods; and / (ca) depending on the specificities of the relevant product-category, in particular of its permanent availability for the consumer, the seller shall provide the consumer free of charge with a replacement good, including a refurbished good on loan ~~for~~if the ~~duration~~repair ofcannot be completed during the ~~repair."~~period referred to in point b).

Change 26

ChangedArticle 12 – paragraph 1– point 1 da (new) – point b (new), Article 14 – paragraph 1 a (new): ~~1d. In Article 14~~(b) the following paragraph is inserted: / ~~"1a.~~“1a. Replacements shall be carried out: / a) free of charge; / b) within a reasonable period of time from the moment the seller has been informed by the consumer about the lack of conformity; ~~and~~ / c) without any significant inconvenience to the consumer, taking into account the nature of the goods and the purpose for which the consumer has required the ~~goods."~~goods. / d) upon the explicit request by the consumer, by offering a refurbished good”

Change 27

ChangedArticle 12 – paragraph 1 e– point 1 a (new) – point c (new), Article 14 – paragraph ~~4a (new): 1e.~~4 Ina ~~Article~~(new): 14(c) the following paragraph is inserted: / ~~"4a.~~“4a. In the event that the consumer decides, pursuant to Article 13(3a), that the producer shall bring the goods ~~into~~in conformity by means of repair, the producer shall be ~~understood~~considered asto ~~being~~be the seller for the ~~purposes~~purpose of this ~~Article."~~Article.”

Change 28

ChangedArticle 12 – paragraph 1 f– point 1 b (new), Article 17 – paragraph 1 a (new): ~~1f.~~(1b) In Article 17 the following paragraph is ~~inserted~~inserted: / ~~"1a.~~“1a. The commercial guarantee is without prejudice to the consumer’s right pursuant to Article 13(3a) to choose for the producer to repair a good that is not in conformity. Any terms of the commercial guarantee that discourage the consumer from ~~exercising~~making ~~rights~~use of its right pursuant to Article 13(3a) ~~shall~~are deemed to be void.”

Change 29

ChangedArticle 14 a (new): Article 14a / Evaluation report / 1. By [5 years after the entry into force of this Directive], the Commission shall carry out an evaluation of this Directive and assess its contribution, and in particular Articles 5, 9a and 12, to the proper functioning of the internal ~~market~~market, the high level of consumer protection and the improvement of the environmental sustainability of ~~products.~~products, as well as their impact on businesses, in particular micro, small and medium enterprises. / With regards to Article 7 it shall evaluate and assess the effectiveness of online platforms for repair based on data from individual Member States, containing information on the number of active repair service providers, consumers and the number of transactions performed. / 2. The Commission shall draw up a report on the main findings and submit it to the European Parliament, the Council, the European Economic and Social Committee, and the Committee of the Regions. Member States shall provide the Commission with the information necessary for the preparation of that report. / 3. The report shall be accompanied, where appropriate, by a legislative proposal.

Change 30

ChangedArticle 16 – paragraph 1: 1. Article 5(1) and (2) and Article 6 of this Directive shall not apply to contracts for the provision of repair services concluded before ~~[12~~[18 months after the entry into force].

Change 31

ChangedArticle 16 – paragraph 2: 2. Article 12 of this Directive shall not apply to sales contracts concluded before ~~[12~~[18 months after the entry into force]

Change 32

ChangedArticle 17 – paragraph 1 – subparagraph 1: Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by ~~[12~~[18 months from the entry into force] at the latest. They shall immediately inform the Commission thereof.

Change 33

ChangedArticle 17 – paragraph 1 – subparagraph 3: Member States shall apply those measures from ~~[12~~[18 months from the entry into force].

Change 34

Removed~~Annex II – subheading 1: LIST OF REPARABLE GOODS~~

AddedAnnex I – part 2 – table – line 4: Maximum price expected for repair or, if it cannot be calculated, the applicable calculation method

Removed~~Annex II – subheading 2: deleted~~

AddedAnnex I – part 2 – table – line 10 a (new): If applicable, additional information provided voluntarily by the repairer

Removed~~Annex II – point 1: 1. Household washing machines and household washer-dryers / (deleted)~~

AddedAnnex II – heading: LIST OF UNION LEGAL ACTS LAYING DOWN REPARABILITY REQUIREMENTS AND LIST OF REPARABLE GOODS

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Removed~~Annex II – point 2: 2. Household dishwashers / (deleted)~~

AddedAnnex II – point 9: 9. Mobile phones, cordless phones and tablets according to Commission Regulation (EU) .../…29

Change 35

ChangedAnnex II – point ~~3: 3. Refrigerating appliances with~~9 a ~~direct sales function~~(new): /9a. ~~(deleted)~~Bicycles

Change 36

Removed~~Annex II – point 4: 4. Refrigerating appliances / (deleted)~~

Removed~~Annex II – point 5: 5. Electronic displays / (deleted)~~

Removed~~Annex II – point 6: 6. Welding equipment / (deleted)~~

Removed~~Annex II – point 7: 7. Vacuum cleaners / (deleted)~~

Removed~~Annex II – point 8: 8. Servers and data storage products / (deleted)~~

Removed~~Annex II – point 8 a (new): 8a. Motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles~~

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Removed~~Annex II – point 9: 9. Mobile phones, cordless phones and tablets / (deleted)~~

Removed~~Annex II – point 9 a (new): 9a. Batteries and waste batteries~~

Removed~~Annex II – point 9 b (new): 9b. Bicycles~~

Change 37 under “EXPLANATORY STATEMENT”

ChangedThe proposal by the European Commission for common rules promoting the repair of goods aims toat ~~make~~making repair of defective products more attractive and thus ~~increase~~at increasing the ~~repair~~amount of consumer ~~goods.~~goods getting repaired instead of being thrown away. Several studies and surveys have shown that consumers have a positive attitude towards repairing goods. Therefore, the Rapporteur wishes to support those trends in consumer as well as business behaviour and to promote the ~~so called~~so-called right to repair. The ~~draft~~ report follows the lines of the Commission proposal to enable consumer participation in the Green Transition towards a sustainable and circular economy. In this regard, the Rapporteur believes the ~~draft~~ report to be complementary to the legislative proposals on Ecodesign Requirements for Sustainable Products and Empowering Consumers for the Green Transition.

Change 38 under “EXPLANATORY STATEMENT”

ChangedThe ~~draft~~ report aims toat ~~clarify~~clarifying central elements of the proposal and toat ~~increase~~increasing the level of ambition. Consumer legislation should encourage the repair of defective products. Therefore, the Rapporteur suggests improving the attractiveness of repair within the legal guarantee period under the Sales of Goods Directive by ~~speeding up the requirements for~~a ~~the~~timely repair ~~time, decreasing the level of inconvenience by~~and a ~~proposed~~ requirement of a loan product for consumers ~~and confirming~~if the ~~provisions~~repair ~~that~~will ~~allows~~take ~~consumers~~an tounnecessarily ~~reject~~long ~~repair~~time. asTo afurther ~~means~~increase the attractiveness of ~~remedy.~~repair, Asthe ~~consumers~~legal ~~are~~guarantee ~~very~~period ~~time~~of ~~sensitive~~repaired ~~when~~goods itshould ~~comes~~be toextended. ~~the~~This ~~repair~~is ofnot ~~their~~only ~~goods,~~a ~~the~~matter ~~Rapporteur~~of ~~proposes~~sustainability tobut ~~hold~~also ~~producers~~of ~~directly~~legal ~~liable~~clarity. ~~for~~Thus, the ~~repair~~Rapporteur inproposes ~~liability~~as ~~cases~~a ~~under~~one-off measure to extend the ~~sales~~legal ofguarantee ~~goods~~period ~~regime.~~by Inadditional ~~doing~~twelve ~~so,~~months ~~the~~once ~~Rapporteur~~a ~~does~~product ~~not~~is ~~intend~~brought toback ~~change~~to ~~the~~conformity ~~general~~via ~~distribution~~a ofrepair. ~~responsibilities~~As ~~established~~consumers byare ~~the~~very ~~Sales~~time ofsensitive ~~Goods~~when ~~Directive,~~it ~~which~~comes ~~makes~~to the ~~seller~~repair of their goods, the ~~only~~Rapporteur ~~legal~~proposes ~~counterparty~~that ~~for~~consumers ~~the~~can ~~consumer.~~directly ~~Repairing~~address aproducers ~~product~~for ~~upon~~repairing ~~the~~defective ~~request~~products. ofMeeting the ~~consumer~~repair request by the producer ~~does~~will ~~therefore~~discharge ~~not~~the ~~create~~seller afrom ~~new~~his/her ~~direct~~liability ~~contractual~~for ~~relationship~~conformity ~~between~~vis-à-vis the consumer ~~and~~under the ~~producer but has only as~~Sales anof ~~effect~~Goods toDirective ~~discharge~~without ~~the~~creating ~~seller~~a ~~from~~separate ~~his~~legal ~~liability~~relationship ~~towards~~between the consumer ~~under~~and ~~this~~the ~~Directive.~~producer.

Change 39 under “EXPLANATORY STATEMENT”

RemovedTo increase the attractiveness of repair further the legal guarantee period of repaired goods should be extended. This is not only a matter of sustainability but also of legal clarity. Thus, the Rapporteur proposes to extend the legal guarantee period by an additional two years once the seller brought a product back to conformity via a repair.

Change 40 under “EXPLANATORY STATEMENT”

Changed~~Outside~~For products whose defect is, in terms of time or in terms of scope, not covered by the legal guarantee ~~period,~~under the ~~draft~~Sales of Goods Directive, the report proposes to strengthen the right of repair for consumers. ~~These~~In ~~ideas~~the ~~will~~Rapporteur’s ~~ensure~~view, ~~legal~~the ~~clarity~~right ~~for~~to ~~consumers~~repair ~~about~~is no appendix to product regulation such as the ~~obligations~~Ecodesign onRegulation. ~~producers~~It does not intend to remedy a market failure and the ~~conditions~~right’s ~~related~~scope toshould ~~consumers’~~therefore, ~~repair~~as ~~rights.~~a ~~After~~matter ~~careful~~of ~~consideration,~~principle, ~~the~~not ~~rapporteur~~be ~~decided~~limited to ~~enlarge~~product categories where market dynamics have not led to properly reparable products. Yet, the ~~scope~~right into ~~his~~repair ~~draft~~becomes ~~report~~practically asmeaningless itif ~~became~~producers ~~clear~~of ~~that~~products, for which there are ~~more~~no ~~product~~legal ~~categories~~reparability requirements in Union legal acts yet, can successfully rely on factual or legal impossibility. The Rapporteur therefore supports the ~~common~~positive ~~market~~list approach proposed by the Commission, according to which products that are ~~reparable.~~subject ~~For~~to ~~instance,~~the ~~batteries,~~right ~~motor~~to ~~vehicles~~repair orare ~~bicycles.~~explicitly ~~Additionally,~~mentioned ain ~~demand~~an ~~for~~annex. ~~more~~Yet, ~~transparency~~after incareful ~~after-sales~~consideration, ~~situations~~the isRapporteur ~~included.~~nevertheless ~~Not~~decided ~~only~~to ~~should~~extend ~~producers~~the ~~provide~~scope ~~consumers~~in ~~with~~his areport ~~detailed~~to ~~overview~~a category of ~~the~~products ~~estimated~~that ~~costs~~are ofreparable ~~the~~without ~~designated~~any ~~repair,~~legal ~~including~~reparability ~~also~~requirements ~~the~~and ~~costs~~where ofconsumers’ ~~spare~~claims ~~parts,~~to ~~the~~repair ~~draft~~will ~~report~~be ~~introduces~~met by producers as well as independent repairers without any specific product regulation, which are bicycles. Additionally, triggers for more ~~access~~competition toin after-sales situations are included. Not only should producers provide all end-users with spare parts and information onfor ~~prices~~the ~~for~~repair ~~spare~~but ~~parts~~they ~~for~~should ~~both,~~also ~~independent~~prevent ~~repairers~~prohibitive and ~~consumers.~~discriminatory pricing for spare parts. This strengthens the independent repair market and empowers consumers to choose other repair ~~independent~~service ofproviders than producers. ~~With~~Together with the ~~foreseen~~supplementing ~~complementing~~instruments ~~measures~~proposed ofby the Commission’s ~~proposal,~~proposal ~~mainly~~such as the online platform and the repair information ~~form,~~form that should in the eyes of the Rapporteur be a voluntary one in order to prevent additional burdens for businesses, independent repairers will be put into a position where they can compete with traditional producers. ~~The~~Finally ~~creation~~and ofin aorder ~~repair~~to ~~market~~make ~~would~~repair ~~thus~~affordable ~~provide~~for ~~consumers~~all ~~with~~citizens, the ~~ability~~report wants Member States to ~~choose~~introduce ~~between~~measures, such as repair ~~offers,~~vouchers ~~which~~or inreduced ~~turn~~VAT ~~should~~rates ~~drive~~for ~~down~~repair ~~the~~services, ~~prices~~that will increase demand for repair services and ~~improve~~thereby kick-start the ~~service.~~repair ~~Over~~economy. ~~all,~~In sum, empowering consumers to have their goods repaired and creating a proper repair market will truly ~~supporting~~support the ambition to create a circular and climate neutral economy.

Sources & citation

Where the facts on this page come from, and how to cite it.

Permalink: https://news.eu-parl.st-solutions.dev/texts/IMCO-PR-749950/compare/A-9-2023-0316
Data source: European Parliament Open Data
Licensed CC BY 4.0.
Retrieved: 25 September 2026

Cite as

European Parliament (2023). “Changes between IMCO-PR-749950 and A-9-2023-0316”. Text, 30 October 2023. from IMCO-PR-749950, to A-9-2023-0316. EU Parl Watch Research. https://news.eu-parl.st-solutions.dev/texts/IMCO-PR-749950/compare/A-9-2023-0316 (retrieved 25 September 2026). Data: European Parliament Open Data, https://data.europarl.europa.eu/ (CC BY 4.0).

BibTeX

@misc{epw-text-2023-10-30,
  author = {{European Parliament}},
  title = {{Changes between IMCO-PR-749950 and A-9-2023-0316}},
  year = {2023},
  date = {2023-10-30},
  howpublished = {\url{https://news.eu-parl.st-solutions.dev/texts/IMCO-PR-749950/compare/A-9-2023-0316}},
  url = {https://news.eu-parl.st-solutions.dev/texts/IMCO-PR-749950/compare/A-9-2023-0316},
  urldate = {2026-09-25},
  publisher = {EU Parl Watch Research},
  note = {Text. from IMCO-PR-749950, to A-9-2023-0316. Data: European Parliament Open Data (CC BY 4.0)}
}