Changes from adopted text to adopted text

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

RemovedArticle 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.

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 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.

RemovedArticle 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.

RemovedArticle 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.

RemovedArticle 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.

RemovedArticle 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.

RemovedArticle 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.

RemovedArticle 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.

RemovedArticle 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.

RemovedArticle 7 – paragraph 1 – introductory part: 1. Member States shall ensure that at least one online platform exists for their territory. Member States shall particularly promote private initiatives aimed at establishing such online platforms. Such online platforms shall allow consumers to easily find repairers, including repair led-communities and repair cafés and shall:

RemovedArticle 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;

RemovedArticle 7 – paragraph 1 – point c a (new): (ca) inform consumers about applicable financial and fiscal incentives to lower costs of repair;

RemovedArticle 7 – paragraph 1 – point d a (new): (da) allow for consumers to provide a review or rating, reflect the quality of repairers’ work;

RemovedArticle 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 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.

RemovedArticle 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.

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, easily accessible and machine-readable database of online platforms for repair registered within the Member States.

RemovedArticle 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.

RemovedArticle 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.

RemovedArticle 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.

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 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…

RemovedArticle 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.

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) 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.

RemovedArticle 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.

RemovedArticle 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.

RemovedArticle 11 – paragraph 2: 2. Member States shall, by 18 months from the entry into force notify the Commission of the rules and of the measures referred to in paragraph 1 and shall notify it without delay of any subsequent amendment affecting them.

RemovedDirective (EU) 2019/771

RemovedArticle 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.’

RemovedDirective (EU) 2019/771

RemovedArticle 12 – paragraph 1 – point 1 – point a (new), Article 13 – paragraph 2 – subparagraph 2 (new): (1) Article 13 is amended as follows: / (a) In paragraph (2) the following subparagraph is added: / ‘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.’

RemovedDirective (EU) 2019/771

RemovedArticle 12 – paragraph 1– point 1 – point b (new), Article 13 – paragraph 3 a (new): (b) the following paragraph is inserted: / ‘3a. In the event that the consumer chooses for repair as the remedy to 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 is deemed to discharge the seller from its liability pursuant to Article 10.

RemovedDirective (EU) 2019/771

RemovedArticle 12 – paragraph 1 – point 1– point c (new), Article 13 – paragraph 4 a (new ): (c) the following paragraph is inserted: / ''4a. Where, in accordance with paragraph 2 of this Article, the good has been brought into conformity by means of repair, the seller or 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 1 year after that 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.''

RemovedDirective (EU) 2019/771

RemovedArticle 12 – paragraph 1– point 1 a (new) – point a (new), Article 14 – paragraph 1: (1a) Article 14 is amended as follows: / (a) paragraph 1 is replaced by the following: / “1. Repairs shall be carried out: / (b) within a reasonable period of time from the moment the seller has been informed by the consumer about the repair; / (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 if the repair cannot be completed during the period referred to in point b).

RemovedDirective (EU) 2019/771

RemovedArticle 12 – paragraph 1– point 1 a (new) – point b (new), Article 14 – paragraph 1 a (new): (b) the following paragraph is inserted: / “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; / 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. / d) upon the explicit request by the consumer, by offering a refurbished good”

RemovedDirective (EU) 2019/771

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

RemovedDirective (EU) 2019/771

RemovedArticle 12 – paragraph 1 – point 1 b (new), Article 17 – paragraph 1 a (new): (1b) In Article 17 the following paragraph is inserted: / “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 making use of its right pursuant to Article 13(3a) are deemed to be void.”

RemovedArticle 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, 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 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.

RemovedArticle 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 [18 months after the entry into force].

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

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

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

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

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

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

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

RemovedAnnex II – point 9 a (new): 9a. Bicycles