Legal provisions of COM(2023)155 - Common rules promoting the repair of goods

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dossier COM(2023)155 - Common rules promoting the repair of goods.
document COM(2023)155 EN
date June 13, 2024


Article 1

Subject matter, purpose and scope

1. This Directive lays down common rules strengthening the provisions related to the repair of goods, with a view to contributing to the proper functioning of the internal market, while providing for a high level of consumer and environmental protection.

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

3. Articles 5 and 6 shall only apply to goods for which and to the extent that repairability requirements are provided for by Union legal acts listed in Annex II.

4. This Directive is without prejudice to Directive (EU) 2018/958.

Article 2

Definitions

For the purpose of this Directive, the following definitions apply:

(1)‘consumer’ means ‘consumer’ as defined in Article 2, point (2), of Directive (EU) 2019/771;

(2)‘repairer’ means any natural or legal person who, related to that person’s trade, business, craft or profession, provides a repair service, including manufacturers and sellers that provide repair services and repair service providers whether independent or affiliated with such manufacturers or sellers;

(3)‘repair’ means ‘repair’ as defined in Article 2, point (20), of Regulation (EU) 2024/1781;

(4)‘seller’ means ‘seller’ as defined in Article 2, point (3), of Directive (EU) 2019/771;

(5)‘manufacturer’ means ‘manufacturer’ as defined in Article 2, point (42), of Regulation (EU) 2024/1781;

(6)‘authorised representative’ means ‘authorised representative’ as defined in Article 2, point (43), of Regulation (EU) 2024/1781;

(7)‘importer’ means ‘importer’ as defined in Article 2, point (44), of Regulation (EU) 2024/1781;

(8)‘distributor’ means ‘distributor’ as defined in Article 2, point (45), of Regulation (EU) 2024/1781;

(9)‘goods’ means ‘goods’ as defined in Article 2, point (5), of Directive (EU) 2019/771 except water, gas and electricity;

(10)‘refurbishment’ means ‘refurbishment’ as defined in Article 2, point (18), of Regulation (EU) 2024/1781;

(11)‘repairability requirements’ means requirements under the Union legal acts listed in Annex II which enable a good to be repaired, including requirements to improve ease of disassembly and requirements concerning access to spare parts, repair-related information and tools applicable to goods or specific components of goods;

(12)‘durable medium’ means ‘durable medium’ as defined in Article 2, point (11), of Directive (EU) 2019/771.

Article 3

Level of harmonisation

Member States shall not maintain or introduce in their national law provisions diverging from those laid down in this Directive.

Article 4

European Repair Information Form

1. Repairers may provide the consumer with the European Repair Information Form set out in Annex I. The European Repair Information Form shall be provided on a durable medium and within a reasonable period of time after the request and before the consumer is bound by a contract for the provision of repair services.

2. The European Repair Information Form shall be provided free of charge.

3. By way of derogation from paragraph 2, where a diagnostic service, including a physical or remote examination, is needed to identify the nature of the defect, the type of repair and to estimate the price of repair, the repairer may request the consumer to pay the necessary costs of this service.

Without prejudice to Directive 2011/83/EU, the repairer shall inform the consumer about the costs of the diagnostic service.

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

(a)the identity of the repairer;

(b)the geographical address at which the repairer is established as well as the repairer’s telephone number and email address and, if available, other means of online communication which enable the consumer to contact, and communicate with, the repairer in a quick, efficient and accessible manner;

(c)the good to be repaired;

(d)the nature of the defect and the type of repair suggested;

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

(f)the time needed to complete the repair;

(g)the availability of temporary replacement goods during the time of repair and the costs of temporary replacement, if any, for the consumer;

(h)the place where the consumer hands over the good for repair;

(i)where applicable, the availability of ancillary services, such as removal, installation and transportation, offered by the repairer, and the detailed costs of those services, if any, for the consumer;

(j)the period of validity of the European Repair Information Form;

(k)where applicable, additional information.

5. The repairer shall not alter the conditions of repair specified in the European Repair Information Form for a period of 30 calendar days from the date on which that form was provided to the consumer. The repairer and the consumer may agree on a longer period of validity for the European Repair Information Form. Where the consumer accepts, within the period of validity, the conditions set out in the European Repair Information Form, the repairer shall be obliged to perform the repair service under those conditions.

6. Where the repairer has supplied a complete and accurate European Repair Information Form to the consumer, it shall be deemed to have complied with the following requirements:

(a)information requirements regarding the main features of the repair service laid down in Article 5(1) point (a), and Article 6(1), point (a), of Directive 2011/83/EU and Article 22(1), point (j), of Directive 2006/123/EC of the European Parliament and of the Council (24);

(b)information requirements regarding the repairer’s identity and contact information laid down in Article 5(1), point (b), and Article (6)(1), points (b) and (c), of Directive 2011/83/EU, Article 22(1), point (a), of Directive 2006/123/EC and Article 5(1), points (a), (b) and (c), of Directive 2000/31/EC of the European Parliament and of the Council (25);

(c)information requirements regarding the price laid down in Articles 5(1), point (c), and Article 6(1), point (e), of Directive 2011/83/EU and Article 22(1), point (i), and (3), point (a), of Directive 2006/123/EC;

(d)information requirements regarding the arrangements for the performance and the time to perform the repair service laid down in Articles 5(1), point (d), and Article 6(1), point (g), of Directive 2011/83/EU.

Article 5

Obligation to repair

1. Member States shall ensure that upon the consumer’s request, the manufacturer shall repair goods for which, and to the extent that, repairability requirements are provided for by Union legal acts listed in Annex II. The manufacturer shall not be obliged to repair such goods where repair is impossible. The manufacturer may sub-contract repair in order to fulfil its obligation to repair.

2. 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 for a reasonable price;

(b)it shall be carried out within a reasonable period of time from the moment the manufacturer has physical possession of the good, has received the good or has been given access to the good by the consumer;

(c)the manufacturer may provide the consumer with the loan of a replacement good free of charge or for a reasonable fee for the duration of the repair; and

(d)in cases where the repair is impossible, the manufacturer may offer the consumer a refurbished good.

3. Where the manufacturer obliged to repair pursuant to paragraph 1 is established outside the Union, its authorised representative in the Union shall perform the obligation of the manufacturer. Where the manufacturer has no authorised representative in the Union, the importer of the good concerned shall perform the obligation of the manufacturer. Where there is no importer, the distributor of the good concerned shall perform the obligation of the manufacturer. The authorised representative, importer and distributor may sub-contract repair in order to fulfil their obligation to repair.

4. Manufacturers that make spare parts and tools available for goods covered by Union legal acts listed in Annex II shall offer these spare parts and tools at a reasonable price that does not deter repair.

5. Manufacturers, or, where applicable, authorised representatives, importers or distributors who have an obligation to repair pursuant to this Article shall ensure that consumers can access, via a free access website, information on the indicative prices that are charged for the typical repair of goods covered by Union legal acts listed in Annex II.

6. Manufacturers shall not use any contractual clauses, hardware or software techniques that impede the repair of goods covered by Union legal acts listed in Annex II unless justified by legitimate and objective factors including the protection of intellectual property rights under Union and national law. Manufacturers shall, in particular, 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 Union or national law such as requirements on product safety or in compliance with intellectual property. This paragraph is without prejudice to the specific requirements of Union legal acts listed in Annex II and without prejudice to Union and national law providing for the protection of intellectual property rights.

7. Manufacturers shall not refuse to repair goods covered by Union legal acts listed in Annex II for the sole reason that a previous repair has been performed by other repairers or by other persons.

8. Without prejudice to the obligation to repair under this Article, consumers may seek repair from any repairer of their choice.

9. The Commission shall adopt delegated acts in accordance with Article 20 to amend Annex II by updating the list of Union legal acts laying down repairability requirements in the light of regulatory developments. The Commission shall adopt such delegated acts without undue delay after publication of the respective Union legal act, and at the latest 12 months after such publication.

Article 6

Information on obligation to repair

Member States shall ensure that the manufacturer or, where applicable, the authorised representative, importer or distributor make available free of charge, at least for the entire duration of their obligation to repair pursuant to Article 5, information on their repair services in an easily accessible, clear and comprehensible manner.

Article 7

European online platform for repair

1. A European online platform for repair (‘European online platform’) shall be established to allow consumers to find repairers and, where applicable, sellers of refurbished goods, purchasers of defective goods for refurbishment or community-led repair initiatives. The European online platform shall consist of the national sections that use the common online interface and shall include links to the national online platforms for repair referred to in paragraph 3 (the ‘national online platforms’).

2. By 31 July 2027, the Commission shall develop the common online interface for the European online platform. That common online interface shall comply with the requirements set out in paragraph 6 and be available in all official Union languages. The Commission shall thereafter ensure the technical maintenance of the common online interface.

3. Member States shall use the common online interface referred to in paragraph 2 for their national sections. However, Member States that have at least one national online platform, whether public or private, that covers their entire territory and complies with the provisions set out in paragraph 6 are not obliged to establish a national section on the European online platform. Instead, the European online platform shall include links to such national online platforms. Member States shall ensure that their national online platforms are operational by 31 July 2027.

4. Member States may extend the scope of their national section on the European online platform or, where applicable, their national online platform to cover, not only repairers, but also sellers of goods that have been subject to refurbishment, purchasers of defective goods for refurbishment or community-led repair initiatives.

5. The use of national sections and national online platforms in the European online platform shall be free of charge for consumers. The registration shall be voluntary for repairers and, where applicable, sellers of goods that have been subject to refurbishment and purchasers of defective goods for refurbishment or community-led repair initiatives.

6. The national sections that use the common online interface and the national online platforms shall:

(a)include search functions regarding goods, location of repair services, including a map based function, the cross-border provision of 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 repair quality standards;

(b)where applicable, include a search function to find sellers of goods that have been subject to refurbishment, purchasers of defective goods for refurbishment or community-led repair initiatives;

(c)enable consumers to request the European Repair Information Form from repairers offering it;

(d)allow for regular updates of contact information and services by repairers;

(e)allow repairers to indicate their adherence to applicable Union or national quality standards;

(f)enable accessibility through national websites connected to the Single Digital Gateway established by Regulation (EU) 2018/1724 of the European Parliament and of the Council (26);

(g)ensure accessibility for persons with disabilities; and

(h)provide contact forms for users to report technical issues related to the functioning of the European online platform as well as inaccuracies concerning the information provided by repairers, and, where applicable, by the sellers of goods that have been subject to refurbishment, purchasers of defective goods for refurbishment or community-led repair initiatives.

7. The European online platform shall enable the collection of non-personal data regarding the functioning of the national sections.

8. Member States and the Commission shall take appropriate measures to inform consumers, relevant economic operators and sellers about the availability of the European online platform.

Article 8

Expert group

The Commission shall establish an expert group composed of representatives of all Member States and chaired by a representative of the Commission. The task of the expert group shall be to advise the Commission with regard to the design and functioning of the European online platform and its national sections.

Article 9

National contact points

1. By 31 July 2026, Member States shall inform the Commission about:

(a)the national contact point that they have designated for the European online platform; or

(b)the national online platforms that they have established or will establish in accordance with Article 7(3).

2. By 31 July 2026, Member States using the national sections of the European online platform may adopt conditions, in accordance with Union law, on the access to their national section for registration for repairers and, where applicable, sellers of goods that have been subject to refurbishment, purchasers of defective goods for refurbishment and community-led repair initiatives. Such conditions may, in particular, provide for prior approval of the registration on the national section by the national contact point or for requirements for professional qualifications. Such Member States shall by that date inform the Commission of any access conditions adopted.

3. Member States using the national sections of the European online platform and applying the conditions referred to in paragraph 2 of this Article shall ensure that their national section is operational within 6 months from the date the Commission delivers the common online interface provided for in Article 7(2).

4. The national contact point shall be responsible for the following tasks:

(a)providing access to their national section for registration for repairers and, where applicable, sellers of goods that have been subject to refurbishment, purchasers of defective goods for refurbishment and community-led repair initiatives;

(b)ensuring compliance with any access conditions set by Member States pursuant to paragraph 2; and

(c)assisting the Commission with the operation of the national sections of the European online platform.

Article 10

Measures for micro, small and medium-sized enterprises

Where appropriate, the Commission shall adopt guidelines to support in particular micro, small and medium-sized enterprises in complying with the requirements and obligations set out in this Directive.

Article 11

Enforcement

1. Member States shall ensure that adequate and effective means exist to ensure compliance with this Directive.

2. The means referred to in paragraph 1 shall include provisions allowing one or more of the following bodies, as determined by national law, to take action under national law before the courts or competent administrative bodies of the Member State to ensure that the national provisions transposing this Directive are applied:

(a)public bodies or their representatives;

(b)organisations having a legitimate interest in protecting consumers or the environment;

(c)professional organisations having a legitimate interest in taking action.

Article 12

Consumer information

Member States shall take appropriate measures to ensure that information on the rights of consumers under this Directive, and on the means to enforce those rights, are available to consumers, including on national websites connected to the Single Digital Gateway established by Regulation (EU) 2018/1724.

Article 13

Member States’ measures promoting repair

1. Member States shall take at least one measure promoting repair.

2. By 31 July 2029, Member States shall notify to the Commission one or more measures taken under paragraph 1. The Commission shall make information on the measures notified by the Member States publicly available.

Article 14

Mandatory nature

1. Unless otherwise provided for in this Directive, any contractual agreement which, to the detriment of the consumer, excludes the application of national measures transposing this Directive, derogates from them, or varies their effect, shall not be binding on the consumer.

2. This Directive shall not prevent the repairer from offering to the consumer contractual arrangements that go beyond the protections provided for in this Directive.

Article 15

Penalties

Member States shall lay down the rules on penalties applicable to infringements of national provisions adopted pursuant to Articles 4, 5 and 6 and shall take all measures necessary to ensure that they are implemented. The penalties provided for shall be effective, proportionate and dissuasive. Member States shall, by 31 July 2026 notify the Commission of those rules and of those measures and shall notify it, without delay, of any subsequent amendment affecting them.

Article 16

Amendment to Directive (EU) 2019/771

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, repairability, 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.’

;

(2)Article 10 is amended as follows:

(a)the following paragraph is inserted:

‘2a.   Where, in accordance with Article 13(2), repair takes place as the remedy to bring the goods into conformity, the liability period shall be extended once by 12 months.’

;

(b)paragraph 3 is replaced by the following:

‘3.   Member States may maintain or introduce longer time limits than those referred to in paragraphs 1, 2 and 2a.’

;

(c)the following paragraph is inserted:

‘5a.   Member States which, in accordance with paragraph 3 or paragraph 5, do not provide for fixed time limits for the liability of the seller or only provide a limitation period for the remedies, may derogate from paragraph 2a provided that they ensure that the liability of the seller or the limitation period for remedies in the event of repair is at least equivalent to three years.’

;

(3)in Article 13, the following paragraph is inserted:

‘2a.   Before the seller provides the remedy to bring the goods into conformity, the seller shall inform the consumer about the consumer’s right to choose between repair and replacement, as well as about the possible extension of the liability period, provided for in Article 10(2a).’

;

(4)in Article 14, paragraph 1 is replaced by the following:

‘1.   Repairs or 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 required the goods.

During repair, depending on the specificities of the relevant category of goods, in particular of the need of the consumer to have such goods permanently available, the seller may provide the consumer free of charge with a replacement good, including a refurbished good, on loan.

The seller may provide, at the explicit request of the consumer, a refurbished good to fulfil his obligation to replace the good.’.

Article 17

Amendment to Directive (EU) 2020/1828

In Annex I to Directive (EU) 2020/1828, the following point is added:

‘(69)Directive (EU) 2024/1799 of the European Parliament and of the Council of 13 June 2024 on common rules promoting the repair of goods and amending Regulation (EU) 2017/2394 and Directives (EU) 2019/771 and (EU) 2020/1828 (OJ L, 2024/1799, 10.7.2024, ELI: http://data.europa.eu/eli/dir/2024/1799/oj).’.

Article 18

Amendment to Regulation (EU) 2017/2394

In the Annex to Regulation (EU) 2017/2394, the following point is added:

‘29.Directive (EU) 2024/1799 of the European Parliament and of the Council of 13 June 2024 on common rules promoting the repair of goods and amending Regulation (EU) 2017/2394 and Directives (EU) 2019/771 and (EU) 2020/1828 (OJ L, 2024/1799, 10.7.2024, ELI: http://data.europa.eu/eli/dir/2024/1799/oj).’.

Article 19

Reporting by the Commission and review

1. By 31 July 2031, the Commission shall submit a report on the application of this Directive. The report shall assess the contribution of this Directive, and in particular that of Articles 5 and 16, to promoting repair in the internal market, including the repair of goods subject to repairability requirements outside the legal guarantee and the consumers’ choice for repair within the legal guarantee as well as its impact on businesses and consumers.

2. The report shall also assess the effectiveness of incentives to choose repair, including the extension of the legal guarantee, and the need to promote commercial guarantees on repair services and to adopt rules on the liability of repairers for repair.

3. With regard to Article 7, the report shall assess the effectiveness of the European online platform based on information on the number of active repair service providers and on the number of consumers that accessed the European online platform.

4. The Commission shall submit the report 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. That report shall be accompanied, where appropriate, by a legislative proposal.

5. The necessary level of harmonisation required to ensure a level-playing field for companies in the internal market including the convergence of and divergence between national laws of the Member States transposing this Directive, in particular regarding the liability periods, shall be assessed in the context of the review provided for in Article 25 of Directive (EU) 2019/771.

Article 20

Exercise of the delegation

1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.

2. The power to adopt delegated acts referred to in Article 5(9) shall be conferred on the Commission for a period of six years from 31 August 2024. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the six-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.

3. The delegation of power referred to in Article 5(9) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.

4. Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making.

5. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.

6. A delegated act adopted pursuant to Article 5(9) shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.

Article 21

Transitional provisions

Article 16 of this Directive shall not apply to sales contracts concluded before 31 July 2026.

Article 22

Transposition

1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 31 July 2026 at the latest. They shall immediately inform the Commission thereof.

When Member States adopt those measures, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The methods of making such reference shall be laid down by Member States.

Member States shall apply those measures from 31 July 2026.

2. Member States shall communicate to the Commission the text of the main measures of national law which they adopt in the field covered by this Directive.

Article 23

Entry into force

This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

Article 24

Addressees

This Directive is addressed to the Member States.