Changes from report parliamentary committee draft to plenary report

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 ensureRepairers thatmay uponprovide the consumer’sconsumer, request,with the producer shallEuropean repair,Repair goodsInformation whichForm areset listedout in Annex II.I Theto producerthis shallDirective noton bea obligeddurable tomedium repairwithin suchthe goodsmeaning whereof repairArticle is2 factually(11) orof legallyDirective impossible.2019/771/EU. TheIn producersuch shallcases, notproducers refuseor the consumer’srelevant requesteconomic purelyoperator dueunder toArticle economic5 considerationsof suchthis asDirective shall provide the costs.repairer Thein producera mayclear sub-contractmanner repairwith ininformation ordernecessary for the repairer to fulfilcomplete itsthe obligationEuropean 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;

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.

Article 5 – paragraph 3 a (new): 3a. Producers shall make available on their websites all information related to repair, such as repair prices and prices of spare parts for the goods listed in Annex II.

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.

Article 5 – paragraph 4: 4. The Commission is empowered to adopt delegated acts in accordance with Article 15 to amend Annex II by adding new reparable goods to the list in the light of legislative or market developments.

Change 13

RemovedArticle 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 informationat onleast theone online platform exists for repairtheir isterritory. Member States shall particularly promote private initiatives aimed at establishing such online platforms. Such online platforms shall allow consumers to easily accessiblefind 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 the1 Commission– shallpoint takec appropriatea measures(new): to(ca) inform consumers, relevant economic operators and sellersconsumers about the availability of the online platform established pursuant to Articleapplicable 7(1)financial and thatfiscal consumersincentives haveto easylower accesscosts toof it.repair;

Change 17

ChangedArticle 7 – paragraph 3 d (new): 3d. The relevant1 economic– operatorpoint ord ana online(new): platform(da) thatallow allowsfor consumers to conclude distance contracts should provide consumers with informationa onreview theor availabilityrating, ofreflect the online platform, established pursuant to Article 7(1),quality inof theirrepairers’ 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.

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.

Article 11 – paragraph 1 b (new): 1b. Member States shall ensure that when penalties are to be imposed in accordance with Article 21 of Regulation (EU) 2017/2394, they include the possibility either to impose fines through administrative procedures or to initiate legal proceedings for the imposition of fines, or both, the maximum amount of such fines being at least 4 % of the seller’s or producer’s annual turnover in the Member State or Member States concerned.

Article 11 – paragraph 1 c (new): 1c. For cases where a fine is to be imposed in accordance with paragraph 1b, but information on the seller’s or producer’s annual turnover is not available, Member States shall introduce the possibility to impose fines, the maximum amount of which shall be at least EUR 2 million.

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 1and1 and shall notify it without delay of any subsequent amendment affecting them.

Change 20

RemovedDirective (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.

Directive (EU) 2019/771

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.

Directive (EU) 2019/771

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 Articleparagraph 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.’

Directive (EU) 2019/771

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 thefor repair option as the remedy to bringhave 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 shallis deemed to discharge the seller from its liability pursuant to Article 10."10.

Directive (EU) 2019/771

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 consumergood chooseshas thebeen repairbrought optioninto asconformity theby remedymeans toof bringrepair, the goods into conformity ,seller theor sellerproducer shall be liable for any lack of conformity which exists at the time the consumer received the repaired goods and which becomes apparent within two1 yearsyear 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.''

Directive (EU) 2019/771

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 calendarreasonable daysperiod 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 forif the durationrepair ofcannot be completed during the repair."period referred to in point b).

Directive (EU) 2019/771

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”

Directive (EU) 2019/771