Source: EURLEX
Language: en
Format: md

**EUROPEAN UNION**

**THE EUROPEAN PARLIAMENT** **THE COUNCIL**

**Brussels, 13 June 2024**
**(OR. en)**

**2023/0083(COD)**
**LEX 2376**

**PE-CONS 34/1/24**

**REV 1**

**CONSOM 64**

**MI 178**

**COMPET 176**

**SUSTDEV 31**

**ENV 182**

**ENER 79**

**DIGIT 47**

**IND 86**

**CODEC 499**

**DIRECTIVE**

**OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL**

**ON COMMON RULES PROMOTING THE REPAIR OF GOODS**

**AND AMENDING REGULATION (EU) 2017/2394**

**AND DIRECTIVES (EU) 2019/771 AND (EU) 2020/1828**

PE-CONS 34/1/24 REV 1

# **EN**

**DIRECTIVE (EU) 2024/…**

**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**

**(Text with EEA relevance)**

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 114

thereof,

Having regard to the proposal from the European Commission,

After transmission of the draft legislative act to the national parliaments,

Having regard to the opinion of the European Economic and Social Committee **[1]**,

Having regard to the opinion of the Committee of the Regions **[2]**,

Acting in accordance with the ordinary legislative procedure **[3]**,

**1** OJ C 293, 18.8.2023, p. 77.
**2** [OJ C, C/2023/1330, 22.12.2023, ELI: http://data.europa.eu/eli/C/2023/1330/oj.](http://data.europa.eu/eli/C/2023/1330/oj)
**3** Position of the European Parliament of 23 April 2024 (not yet published in the Official
Journal) and decision of the Council of 30 May 2024.

PE-CONS 34/1/24 REV 1 1

# **EN**

Whereas:

(1) Directive (EU) 2019/771 of the European Parliament and of the Council **[4]** 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.

**4** Directive (EU) 2019/771 of the European Parliament and of the Council of 20 May 2019 on
certain aspects concerning contracts for the sale of goods, amending Regulation
(EU) 2017/2394 and Directive 2009/22/EC, and repealing Directive 1999/44/EC (OJ L 136,
22.5.2019, p. 28).

PE-CONS 34/1/24 REV 1 2

# **EN**

(2) In order to achieve those objectives, and in particular to facilitate cross-border provision of

services and competition among repairers of goods purchased by consumers in the internal

market, it is necessary to lay down uniform rules promoting the repair of goods purchased

by consumers within and beyond the liability of the seller established by Directive

(EU) 2019/771. Member States have already introduced or are considering the introduction

of rules promoting repair and reuse of goods purchased by consumers outside the existing

liability of the seller established by Directive (EU) 2019/771. Differing mandatory national

rules in this area constitute actual or potential obstacles to the functioning of the internal

market, adversely affecting cross-border transactions of economic operators acting on that

market. Those operators could have to adapt their services to comply with the different

mandatory national rules and be faced with additional transaction costs for obtaining the

necessary legal advice on the requirements of the law of the Member State of the

consumer’s habitual residence, which apply pursuant to Regulation (EC) No 593/2008 of

the European Parliament and of the Council **[5]**, and to adapt their contracts for the provision

of repair services accordingly. This will affect, in particular, small and medium sized

enterprises, which make up most of the repair sector. Legal fragmentation could also

negatively affect consumer confidence in cross-border repair due to uncertainties regarding

factors which are important for the decision to repair goods.

**5** Regulation (EC) No 593/2008 of the European Parliament and of the Council
of 17 June 2008 on the law applicable to contractual obligations (Rome I) (OJ L 177,
4.7.2008, p. 6).

PE-CONS 34/1/24 REV 1 3

# **EN**

(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 the provisions

related to the repair of goods, allowing consumers to seek affordable repair from the repair

service provider of their choice. Repair should result in sustainable consumption, 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 with a view to achieving benefits for the environment, by

promoting a life cycle of goods which includes re-use, repair and refurbishment, while also

producing benefits for consumers by avoiding costs associated with new purchases in the

short term.

(4) Consumer behaviour consists of a wide variety of aspects. When choosing between repair

and purchase of a new good, 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 prevent consumers from opting for repair. This Directive

aims to address some of these obstacles.

PE-CONS 34/1/24 REV 1 4

# **EN**

(5) Regulation (EU) …/… of the European Parliament and of the Council **[6+]** lays down, in

particular, supply-side requirements pursuing the objective of more sustainable product

design at the production phase. Directive (EU) 2024/825 of the European Parliament and

of the Council **[7]** lays down demand-side requirements ensuring the provision of better

information on durability and repairability of goods at the point of sale, which should

enable consumers to make informed sustainable purchasing decisions. This Directive aims

to complement those supply-side and demand-side requirements, by promoting repair and

reuse in the after-sales phase outside the liability of the seller. In addition, Directive

(EU) 2019/771 should be amended to promote repair within the liability of the seller. This

Directive thus pursues the objectives, in the context of the European Green Deal, of

promoting a more sustainable consumption, a circular economy and the green transition.

**6**
Regulation (EU) …/… of the European Parliament and of the Council of … establishing a
framework for setting ecodesign requirements for sustainable products, amending Directive
(EU) 2020/1828 and Regulation (EU) 2023/1542 and repealing Directive 2009/125/EC
(OJ L, …, ELI: …).
**+** OJ: Please insert in the text the number of the Regulation contained in document
PE-CONS 106/23 (2022/0095(COD)) and insert the number, date, title and OJ reference of
that Regulation in the footnote.
**7** Directive (EU) 2024/825 of the European Parliament and of the Council
of 28 February 2024 amending Directives 2005/29/EC and 2011/83/EU as regards
empowering consumers for the green transition through better protection against unfair
practices and through better information (OJ L, 2024/825, 6.3.2024,
ELI: http://data.europa.eu/eli/dir/2024/825/oj).

PE-CONS 34/1/24 REV 1 5

# **EN**

(6) This Directive should not affect the freedom of Member States to regulate aspects of

contracts for the provision of repair services other than those harmonised by Union law.

This Directive should not affect either the freedom of Member States to regulate aspects of

general contract law, such as rules on the formation, validity, nullity or effects of contracts,

including the consequences of the termination of a contract, in so far as they are not

regulated in this Directive, or the right to damages. This Directive should be without

prejudice to Regulation (EU) 2023/988 of the European Parliament and the Council **[8]**, in

particular in the case of a product safety recall.

(7) Member States should remain free, where compatible with the obligations laid down in this

Directive and other applicable Union law, to maintain or introduce provisions on other

aspects of promoting the repair of goods which could complement the rules set out in this

Directive, for example regarding commercial guarantees, the existence of repair service

centers or financial incentives to repair.

(8) In order to fully exploit the benefits of this Directive, it should apply to all goods.

However, the provisions concerning the obligations to repair and to inform as specified in

this Directive should only apply to goods for which repairability requirements are provided

for by Union legal acts.

**8** Regulation (EU) 2023/988 of the European Parliament and of the Council of 10 May 2023
on general product safety, amending Regulation (EU) No 1025/2012 of the European
Parliament and of the Council and Directive (EU) 2020/1828 of the European Parliament
and the Council, and repealing Directive 2001/95/EC of the European Parliament and of the
Council and Council Directive 87/357/EEC (OJ L 135, 23.5.2023, p. 1).

PE-CONS 34/1/24 REV 1 6

# **EN**

(9) Repairability 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 (EU) …/… **[+]**, to cover a broad range of

goods as well as future developments in any other field of Union law.

**+** OJ: Please insert in the text the number of the Regulation contained in document
PE-CONS 106/23 (2022/0095(COD)).

PE-CONS 34/1/24 REV 1 7

# **EN**

(10) Repairers are to provide consumers with key information on their repair services. In order

to facilitate the consumer’s free choice to decide by whom to have goods repaired and to

help identify and choose suitable repair services, repairers should be able to use on a

voluntary basis the standardised European Repair Information Form provided in Annex I to

this Directive. The European Repair Information Form should comprise the key parameters

that influence consumer repair decisions, such as the nature of the defect, the price and the

time within which the repairer undertakes to complete the repair. If the repairer offers

additional services such as transportation, the individual costs of those services should be

indicated. 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 (EU) 2019/882 of the European Parliament and of the Council **[9]** .

The European Repair Information Form could allow consumers to assess and easily

compare repair services, including alternative repair offers, and facilitate the provision of

information on repair services, in particular for micro, small and medium-sized enterprises.

Repairers would gain more legal certainty since by using and filling in correctly the

European Repair Information Form, they would be deemed to fulfil their legal obligations,

in particular with respect to provision of certain pre-contractual information pursuant to

Directive 2011/83/EU of the European Parliament and the Council **[10]** . The standardised

presentation of key information via the European Repair Information Form would improve

clarity and transparency contributing to greater consumer trust in repair services.

**9** Directive (EU) 2019/882 of the European Parliament and of the Council of 17 April 2019 on
the accessibility requirements for products and services (OJ L 151, 7.6.2019, p. 70).
**10** Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on
consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the
European Parliament and of the Council and repealing Council Directive 85/577/EEC and
Directive 97/7/EC of the European Parliament and of the Council (OJ L 304, 22.11.2011,
p. 64).

PE-CONS 34/1/24 REV 1 8

# **EN**

(11) If the repairer provides the European Repair Information Form, it should do so within a

reasonable period of time, which should correspond to the shortest possible period of time

after the request and before the consumer is bound by a contract for the provision of repair

services. Where no European Repair Information Form is provided, a consumer should

also be able to 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.

(12) The European Repair Information Form should be provided free of charge. However, there

are situations in which a repairer needs to perform a diagnostic service, i.e. inspecting the

goods to identify the nature of the defect or the type of repair. In such cases, the repairer

should be able to request the consumer to pay the necessary costs that he incurs, including

labour or transportation costs. 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 diagnostic service and before the

provision of the European Repair Information Form. Consumers should be able to refrain

from requesting the diagnostic service where they consider that the costs for obtaining the

diagnostic service are too high. If the consumer chooses to have the good repaired, the

repairer should be able to deduct such costs from the price of the repair. This is without

prejudice to Member States’ rules on mandatory deduction of such costs. The deduction

could be communicated through the European Repair Information Form.

PE-CONS 34/1/24 REV 1 9

# **EN**

(13) Repairers should not alter the conditions of repair that they provide in the European Repair

Information Form, including the price for repair, for a minimum of 30 calendar days.

However, the repairer and the consumer should be able to agree on a longer period. This

would ensure that consumers are given sufficient time to compare different repair offers. 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.

(14) If a repairer decides to provide the European Repair Information Form and the consumer

accepts the conditions provided for therein, the repairer should be obliged to repair.

Member States should provide for proportionate and effective remedies for consumers

where the repairer does not perform the repair service after the consumer accepted the

European Repair Information Form. Such remedies could include a reimbursement of the

cost paid for the diagnostic service.

PE-CONS 34/1/24 REV 1 10

# **EN**

(15) 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. Where that obligation does not apply, a large

number of defective, but otherwise viable, goods are prematurely discarded. In order to

encourage consumers to have goods repaired in such situations, this Directive should

impose an obligation on manufacturers to repair upon the consumer’s request goods to

which repairability requirements imposed by Union legal acts apply, since they are the

addressees of those repairability requirements. That obligation should apply to

manufacturers established both inside and outside the Union in relation to goods placed on

the Union market. Furthermore, this Directive should not put into question the economic

freedom of choice for manufacturers to stop manufacturing a good, without prejudice,

where applicable, to the obligation to provide spare parts and tools under Union law.

PE-CONS 34/1/24 REV 1 11

# **EN**

(16) Since the obligation to repair imposed on manufacturers under this Directive covers defects

that are not due to the non-conformity of the goods with a sales contract, manufacturers

should be able to provide repair for a price paid by the consumer, or for free. The charging

of a price should encourage manufacturers to develop sustainable business models,

including the provision of repair services. Such a price might take into account, for

instance, labour costs, costs for spare parts, costs for operating the repair facility and a

customary margin. The price should be reasonable, meaning it should be set in such a way

that consumers are not intentionally deterred from benefitting from the manufacturers’

obligation to repair. The price for and the conditions of repair should be agreed in a

contract between the consumer and the manufacturer 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 manufacturers

who are obliged to repair to keep the price acceptable for the consumer. The repair

obligation might also be performed for free where the defect is covered by a commercial

guarantee, for instance, in relation to guaranteed durability of goods. To incentivise

consumers to have their goods repaired outside of the legal guarantee, a manufacturer

should be able to offer a loan of a comparable good for the duration of the repair, which is

expected to be returned once the consumer receives the repaired good.

PE-CONS 34/1/24 REV 1 12

# **EN**

(17) It would be beneficial if the repair could be carried out as close as possible to the consumer

to prevent unnecessary shipping costs and emissions. Manufacturers and, where applicable,

authorised representatives, importers and distributors, should be able to fulfil their

obligation to repair by sub-contracting repair, for instance, if they do not have the repair

infrastructure or if repair can be carried out by a repairer located closer to the consumer.

However, they should remain liable for the obligation to repair.

PE-CONS 34/1/24 REV 1 13

# **EN**

(18) Under the requirements laid down in delegated acts adopted pursuant to Regulation

(EU) …/… **[+]** or implementing measures adopted pursuant to Directive 2009/125/EC of the

European Parliament and of the Council **[11]**, manufacturers are to provide access to spare

parts, repair and maintenance information or any repair related software tools, firmware or

similar auxiliary means. Those requirements ensure the technical feasibility of repair, not

only by the manufacturer, but also by other repairers. As a consequence, the repairers and,

where applicable, consumers will have access to spare parts and repair-related information

and tools in accordance with Union legal acts and consumers will have a wider choice of

repairers or, where applicable, the possibility to repair by themselves. Spare parts should

be made available at least for the time period set out in Union legal acts. Manufacturers

that make spare parts and tools available for goods covered by legal acts listed in Annex II

to this Directive, whether because of corresponding legal obligations under Union law or

voluntarily, should charge a reasonable price that does not deter access to such spare parts

and tools, thereby preventing repair. To complement those measures, manufacturers should

not use any contractual clauses, hardware or software techniques that impede the repair of

goods for which there are repairability requirements set out in Union legal acts listed in

Annex II to this Directive unless they are justified by legitimate and objective factors,

including to prevent or restrict the unauthorised use of works and other subject matters

protected by intellectual property rights under Union and national legal acts, in particular

Directives 2001/29/EC **[12]**, 2004/48/EC **[13]** and (EU) 2019/790 **[14]** of the European Parliament

and of the Council. Consequently, this should encourage competition and benefit

consumers with better services and lower repair prices.

**+** OJ: Please insert in the text the number of the Regulation contained in document
PE-CONS 106/23 (2022/0095(COD)).
**11** Directive 2009/125/EC of the European Parliament and of the Council of 21 October 2009
establishing a framework for the setting of ecodesign requirements for energy-related
products (OJ L 285, 31.10.2009, p. 10).
**12** Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the
harmonisation of certain aspects of copyright and related rights in the information society
(OJ L 167, 22.6.2001, p. 10).
**13** Directive 2004/48/EC of the European Parliament and of the Council of 29 April 2004 on
the enforcement of intellectual property rights (OJ L 157, 30.4.2004, p. 45).
**14** Directive (EU) 2019/790 of the European Parliament and of the Council of 17 April 2019 on
copyright and related rights in the Digital Single Market and amending Directives 96/9/EC
and 2001/29/EC (OJ L 130, 17.5.2019, p. 92).

PE-CONS 34/1/24 REV 1 14

# **EN**

(19) Traders’ practices that induce consumers to think that their goods cannot be repaired due to

previous repair or inspection by an independent repairer, non-professional repairer or end

users, or false claims that such repair or inspection generates risks related to safety, thereby

misleading consumers, could, where applicable, constitute unfair commercial practices

under Directive 2005/29/EC of the European Parliament and of the Council **[15]** .

(20) The obligation to repair should also apply in cases where the manufacturer is established

outside the Union. In order to enable consumers to turn to an economic operator

established in the Union to perform this obligation, this Directive provides for a sequence

of alternative economic operators required to perform the obligation to repair of the

manufacturer in such cases. This should enable manufacturers located outside the Union to

organise and perform their obligation to repair within the Union.

**15** Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005
concerning unfair business-to-consumer commercial practices in the internal market and
amending Council Directive 84/450/EEC, Directives 97/7/EC, 98/27/EC and 2002/65/EC of
the European Parliament and of the Council and Regulation (EC) No 2006/2004 of the
European Parliament and of the Council (Unfair Commercial Practices Directive)
(OJ L 149, 11.6.2005, p. 22).

PE-CONS 34/1/24 REV 1 15

# **EN**

(21) To avoid overburdening manufacturers and to ensure they are able to perform their

obligation to repair, that obligation should be limited to those goods for which and to the

extent any repairability requirements are provided for in Union legal acts. Repairability

requirements do not oblige manufacturers to repair defective goods, but ensure that goods

are repairable. Examples of Union legal acts laying down repairability requirements are

delegated acts adopted pursuant to Regulation (EU) …/… **[+]** or implementing measures

adopted pursuant to Directive 2009/125/EC, which create a framework to improve the

environmental sustainability of products, or other relevant Union legal acts such as

Regulation (EU) 2023/1542 of the European Parliament and of the Council **[16]** . This

limitation of the obligation to repair should ensure that only those goods which are

repairable by design are subject to such obligation. Relevant repairability 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 should

correspond to the scope of the repairability requirements, for instance, ecodesign

requirements might apply only to certain components of the goods or a specific period of

time might be set to make spare parts available. The obligation to repair under this

Directive, which allows the consumer to claim repair directly against the manufacturer in

the after-sales phase, should complement the supply-side related repairability requirements

laid down in for example Regulation (EU) …/… **[+]**, encouraging consumer demand for

repair.

**+** OJ: Please insert in the text the number of the Regulation contained in document
PE-CONS 106/23 (2022/0095(COD)).
**16** Regulation (EU) 2023/1542 of the European Parliament and of the Council of 12 July 2023
concerning batteries and waste batteries, amending Directive 2008/98/EC and Regulation
(EU) 2019/1020 and repealing Directive 2006/66/EC (OJ L 191, 28.7.2023, p. 1).

PE-CONS 34/1/24 REV 1 16

# **EN**

(22) To ensure legal certainty, this Directive should list in Annex II Union legal acts containing

repairability requirements for relevant categories of goods. In order to ensure coherence

with future regulatory 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 adding Union legal acts to Annex II to this Directive, when

new repairability requirements are adopted. The Commission should add those legal acts as

quickly as possible and at the latest 12 months after their publication. 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-Making **[17]** . In particular, to ensure equal participation in the preparation of

delegated acts, the European Parliament and the Council receive all documents at the same

time as Member States' experts, and their experts systematically have access to meetings of

Commission expert groups dealing with the preparation of delegated acts.

**17** OJ L 123, 12.5.2016, p. 1.

PE-CONS 34/1/24 REV 1 17

# **EN**

(23) While this Directive imposes the obligation to repair on the manufacturer, it also facilitates

consumer choice of repair services from other repairers. This choice will be facilitated by

the European Repair Information Form provided voluntarily by not only the manufacturer

but also by repairers like the seller or independent repairers or by searching via an online

repair platform. As consumers would need to pay for the repair, they are likely to compare

repair opportunities in order to choose the most suitable repair services for their needs.

Thus, it is likely they approach independent repairers in their proximity or the seller before

reaching out to manufacturers which might for instance be located at a greater distance and

for which the price could be higher due to transportation costs.

(24) In line with Directive (EU) 2019/771, a manufacturer should be exempted from the

obligation to repair where repair is factually or legally impossible. Therefore, the

manufacturer should not be able to refuse repair for purely economic reasons, such as the

cost of spare parts, or for the sole reason that a previous repair has been performed by other

repairers or, where applicable, by the consumer. National law implementing Directive

(EU) 2019/771 or the preceding Directive 1999/44/EC of the European Parliament and of

the Council **[18]** already uses the criterion whether repair is impossible and national courts are

applying it.

**18** Directive 1999/44/EC of the European Parliament and of the Council of 25 May 1999 on
certain aspects of the sale of consumer goods and associated guarantees (OJ L 171,
7.7.1999, p. 12).

PE-CONS 34/1/24 REV 1 18

# **EN**

(25) In order to increase consumer awareness on the availability of repair and thus its

likelihood, manufacturers or, where applicable, authorised representatives, importers or

distributors, should inform consumers by making available information on their obligation

to repair and their repair services. The information should be available at least during the

entire duration of the obligation to repair, which could be understood as starting from the

moment of placing on the market until the expiry of the repairability requirements. The

information should mention the 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 (EU) 2019/882. The manufacturer

should be free to determine the means through which it informs the consumer, such as via

a website in a visible and prominent way, via the Digital Product Passport or at the point of

sale, for example where the manufacturer is the seller.

PE-CONS 34/1/24 REV 1 19

# **EN**

(26) In order to encourage repair, the Commission should set up a European online platform for

repair (the ‘European online platform’). The European online platform should consist of

national sections based on a common online interface and include links to national online

platforms for repair (the ‘national online platforms’) that fulfil the criteria set out in this

Directive. To this end, the Commission should develop a common online interface for the

European online platform. The Commission should also be responsible for ensuring the

IT maintenance of the common online interface and respond to technical or other queries

from users regarding any incorrect functioning of the European online platform. The

European online platform should be accessible for free for consumers. It should also be

able to accommodate, where applicable, sellers of refurbished goods, purchasers of

defective goods for refurbishment or complementary market-based instruments, such as

community-led repair initiatives. Member States should either use the common online

interface for creating their national sections on the European online platform or establish,

or maintain where applicable, national online platforms that fulfil the criteria set out in this

Directive. When Member States use the European online platform, it should be left to

                                                        Member States’ discretion how to populate the national sections, for instance by self

registration, importing bulk data from existing databases with the consent of the repairers

or by making registration subject to prior approval. Where Member States consider it

necessary, they should be able to set out conditions for accessing the national sections,

such as meeting criteria on professional qualifications or showing adherence to applicable

voluntary European or national repair quality standards. Such conditions should be non

discriminatory and in accordance with Union law. Member States that choose to set access

conditions in their national sections should benefit from six additional months to make

their national section operational.

PE-CONS 34/1/24 REV 1 20

# **EN**

(27) Some Member States or businesses have invested resources in developing national online

platforms to promote repair. To avoid creating excessive administrative burden and to

allow for appropriate flexibility, Member States should also be able to choose to maintain

an existing national online platform which complies with the requirements of this

Directive. Where a Member State maintains or establishes a national online platform, it

should not be obliged to establish a national section on the European online platform or to

designate national contact points. The Member States should choose between establishing

a national section on the European online platform or establishing a national online

platform that complies with the conditions set out in this Directive and inform the

Commission thereof by … [24 months from the date of entry into force of this Directive].

Such national online platforms will be accessible via a link from the European online

platform if they are operational at the latest on … [36 months from the date of entry into

force of this Directive]. They could be private, public or private-public partnership online

platforms.

(28) The European online platform should include user-friendly tools to search for repairers by

Member State. This would assist consumers in assessing and comparing the merits of

different repair service providers, thereby incentivising consumers to choose repair. While

the European online platform aims at facilitating the search for repair services in business

to-consumer relationships, in order to promote sustainable consumption, Member States

should be able to extend the scope of their national section on the European online

platform to include sellers of refurbished goods, purchasers of defective goods for

refurbishment or community-led repair initiatives, such as repair cafes.

PE-CONS 34/1/24 REV 1 21

# **EN**

(29) Member States should designate a representative to be part of an expert group established

by the Commission to advise on the design and functioning of the European online

platform, in order to facilitate coordination between the Commission and the

Member States.

(30) Member States should also designate national contact points responsible for tasks in

relation to the management of their national section. National contact points designated by

Member States should, where applicable, carry out surveillance on the data contained in

the national section aimed at detecting, identifying and removing non-valid information in

accordance with Union law.

(31) The Commission should ensure that the European online platform is accessible for

consumers easily and free of charge. The European online platform should allow

consumers to find suitable repair services for their defective goods and, where applicable,

sellers of refurbished goods, purchasers of defective goods for refurbishment or

community-led repair initiatives such as repair cafes. Consumers should be able to use

search functions in order to filter by different features like categories of goods, availability

of temporary replacement goods, quality indicators and any repair condition, including

location of the repairer and the possibility of cross border provision of services. The

European online platform should also be accessible to vulnerable consumers, including

persons with disabilities, in accordance with applicable Union law relating to accessibility.

PE-CONS 34/1/24 REV 1 22

# **EN**

(32) The search function based on goods could refer to the type or brand of goods. Since

repairers cannot know the specific defect before a request to repair has been made, it

should be sufficient that they provide on the European online platform generic information

on key elements of their repair services to enable consumers to decide whether to have the

good in question repaired, in particular the average time to complete repair, the availability

of temporary replacement goods, the place where the consumer hands over the goods for

repair and the availability of ancillary services. Repairers and, where applicable, sellers of

refurbished goods, purchasers of defective goods for refurbishment or community-led

repair initiatives such as repair cafes should be encouraged to regularly update their

information on the European online platform. In order to build consumer confidence in the

repair services available on the European online platform, repairers should be able to

demonstrate their adherence to certain repair standards.

(33) In order to facilitate obtaining the European Repair Information Form, the European online

platform should include the possibility for consumers to directly request that form from the

repairer through the European online platform, where the repairer makes this form

available voluntarily.

(34) To raise consumer awareness about the European online platform, the Commission and the

Member States should undertake appropriate steps, for instance sign-post the European

online platform on related national websites or carry out communication campaigns.

PE-CONS 34/1/24 REV 1 23

# **EN**

(35) Member States should ensure that their national laws, including when transposing this

Directive, are fully in line with the fundamental freedoms to provide services and of

establishment as enshrined in the Treaties. This Directive should be without prejudice to

Directive (EU) 2018/958 of the European Parliament and of the Council **[19]** .

**19** Directive (EU) 2018/958 of the European Parliament and of the Council of 28 June 2018 on
a proportionality test before adoption of new regulation of professions (OJ L 173, 9.7.2018,
p. 25).

PE-CONS 34/1/24 REV 1 24

# **EN**

(36) Member States should take at least one measure promoting repair. Such measures could be

of financial or of non-financial nature. Measures of non-financial nature could include

information campaigns, support to community-led repair initiatives through direct means

like providing space for repair laboratories or meeting places, for instance in community or

cultural centres. Measures of financial nature could, for example, take the form of repair

vouchers, repair funds, supporting or creating local or regional online platforms for repair,

organising or financing training programs to acquire special skills in repair, taxation

measures. In the context of taxation measures, where applicable, in accordance with

Annex III to Council Directive 2006/112/EC **[20]**, Member States can, as appropriate, opt to

provide for a reduced rate of value added tax regarding the supply of repairing services of

household appliances, shoes and leather goods, clothing and household linen, including

mending and alteration. In this context, the Commission could consider introducing a

proposal, if appropriate, for the amendment of Annex III to that Directive. Those measures

could be taken at a national, regional or local level. Member States should notify to the

Commission one or more measures taken promoting repair, in order to facilitate the

exchange of best practices. The Commission should make information on such measures

publicly available.

**20** Council Directive 2006/112/EC of 28 November 2006 on the common system of value
added tax (OJ L 347, 11.12.2006, p. 1).

PE-CONS 34/1/24 REV 1 25

# **EN**

(37) It is necessary that Member States lay down penalties for infringements of national

provisions adopted pursuant to this Directive and ensure that they are enforced. The

penalties should be effective, proportionate and dissuasive.

(38) The Commission should enable the development of a voluntary European quality standard

for repair services, for instance by encouraging and facilitating voluntary cooperation on a

standard between businesses, public authorities and other stakeholders, such as

independent repairers and community-led repair initiatives, or by issuing a standardisation

request to the European standardisation organisations. A European quality standard for

repair services could boost consumer trust in repair services across the Union. Such

standard could include aspects influencing consumer decisions on repair, such as the time

to complete repair, the availability of temporary replacement goods, quality assurances

such as a commercial guarantee on repair, and the availability of ancillary services such as

removal, installation and transportation offered by repairers.

(39) The enforcement provisions set out in this Directive are without prejudice to Directive

(EU) 2020/1828 of the European Parliament and of the Council **[21]** .

**21** Directive (EU) 2020/1828 of the European Parliament and of the Council
of 25 November 2020 on representative actions for the protection of the collective interests
of consumers and repealing Directive 2009/22/EC (OJ L 409, 4.12.2020, p. 1).

PE-CONS 34/1/24 REV 1 26

# **EN**

(40) In order to incentivise consumers to choose repair to bring goods into conformity within

the liability of the seller, and therefore to promote repair, where the consumer chooses

repair as the remedy to bring the goods into conformity, Directive (EU) 2019/771 should

be amended to extend the liability period by 12 months, which should be added to the

remaining liability period of the good. That extension should apply once. However,

Member States could further incentivise repair by providing for additional extensions of

the liability of the seller if repair takes place again. Member States could also introduce or

maintain rules to extend the liability of the seller in case of repair for periods longer

than 12 months. In line with Directive (EU) 2019/771, where the extension of the liability

period applies, the seller should be liable for any lack of conformity which existed at the

time when the goods were delivered and which becomes apparent within the remaining

liability period of the good, which includes the extension. The extension of the liability

period should be without prejudice to consumers rights provided in Directive

(EU) 2019/771. This Directive should be without prejudice to Member States introducing

or maintaining provisions which provide for a longer extension of the liability period only

for repaired parts in accordance with Directive (EU) 2019/771. Taking into account the

flexibility provided by Directive (EU) 2019/771, Member States which do not provide for

fixed time limits for the liability of the seller or only provide a limitation period for the

remedies should ensure that the liability of the seller or the limitation period for remedies

in the event of repair is at least equivalent to two years and 12 months, corresponding to

the minimum period of liability of the seller set out in Directive (EU) 2019/771 and the

minimum extension of that period in the event of repair. The extension of the liability

period would encourage sustainable consumption and contribute to a circular economy.

PE-CONS 34/1/24 REV 1 27

# **EN**

(41) In order to promote repair within the liability of the seller, for the benefit of consumers and

the protection of the environment, Directive (EU) 2019/771 should be further amended to

introduce a new obligation to inform the consumer of the right to choose between repair

and replacement as well as the extension of the liability period if that consumer chooses

repair, thus raising awareness about both alternatives and the advantage of choosing repair.

That information requirement would encourage sustainable consumption and contribute to

a circular economy.

(42) To support consumers and incentivise repair, the seller could, depending on the

specificities of the relevant category of goods, loan the consumer a replacement good, if

the repair is not completed within a reasonable period of time or without significant

inconvenience. This replacement good could also be a refurbished good. In any case, the

replacement good temporarily loaned to the consumer should be free of charge.

Furthermore, the seller should still undertake the repair within a reasonable period of time.

Providing a good on loan for the duration of the repair can avoid significant inconvenience

to the consumer but it cannot justify an unreasonably long time period for repair.

Moreover, in case of replacement as a remedy and upon consumer's request, the seller

could provide the consumer with a refurbished good.

PE-CONS 34/1/24 REV 1 28

# **EN**

(43) In order to enable the enforcement of the rules set out in this Directive by means of

representative actions, an amendment of Annex I to Directive (EU) 2020/1828 is

necessary. For competent authorities designated by their Member States to cooperate and

coordinate actions with each other and with the Commission in order to enforce

compliance with the rules set out in this Directive, an amendment of the Annex to

Regulation (EU) 2017/2394 of the European Parliament and of the Council **[22]** is necessary.

(44) In order to allow economic operators to adapt, transitional provisions concerning the

application of some Articles of this Directive should be introduced. The amendment to

Directive (EU) 2019/771 should apply only to sales contracts concluded after …

[24 months from the date of entry into force of this Directive] to ensure legal certainty and

to provide sellers with sufficient time to adapt to the amended remedies of repair and

replacement.

(45) In accordance with the Joint Political Declaration of 28 September 2011 of Member States

and the Commission on explanatory documents **[23]**, Member States have undertaken to

accompany, in justified cases, the notification of their transposition measures with one or

more documents explaining the relationship between the components of a directive and the

corresponding parts of national transposition instruments. With regard to this Directive, the

legislator considers the transmission of such documents to be justified.

**22** Regulation (EU) 2017/2394 of the European Parliament and of the Council
of 12 December 2017 on cooperation between national authorities responsible for the
enforcement of consumer protection laws and repealing Regulation (EC) No 2006/2004
(OJ L 345, 27.12.2017, p. 1).
**23** OJ C 369, 17.12.2011, p. 14.

PE-CONS 34/1/24 REV 1 29

# **EN**

(46) Promoting the repair of goods purchased by consumers, with a view to contributing to the

proper functioning of the internal market while providing for a high level of environmental

and consumer protection, cannot be sufficiently achieved by the Member States. Emerging

national mandatory rules promoting sustainable consumption by way of repair of defects

outside the scope of Directive (EU) 2019/771 are likely to diverge and lead to

fragmentation of the internal market. Member States may not amend the fully harmonised

rules concerning defects within the liability of the seller set out in Directive

(EU) 2019/771. The objective of this Directive can rather, by reason of its scale and

effects, be better achieved at Union level through fully harmonised common rules

promoting repair within and outside the liability of the seller established in Directive

(EU) 2019/771. The Union may therefore adopt measures, in accordance with the principle

of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with

the principle of proportionality as set out in that Article, this Directive does not go beyond

what is necessary in order to achieve this objective.

PE-CONS 34/1/24 REV 1 30

# **EN**

(47) This Directive respects the fundamental rights and freedoms and seeks to ensure full

respect in particular of Articles 16, 26, 37, 38 and 47 of Charter of Fundamental Rights of

the European Union (the ‘Charter’). It contributes to an improvement of the quality of the

environment in accordance with Article 37 of the Charter by promoting sustainable

consumption of goods and thereby reducing negative environmental impacts from

premature disposal of viable goods. This Directive ensures full respect of Article 38 on

consumer protection by enhancing consumer rights relating to defects that occur or become

apparent outside the liability of the seller pursuant to Directive (EU) 2019/771. It also

ensures respect for the freedom to conduct a business in accordance with Article 16 of the

Charter by safeguarding contractual freedom and encouraging the development of repair

services in the internal market. This Directive contributes to the integration of persons with

disabilities in accordance with Article 26 of the Charter by facilitating accessibility of the

European online platform for persons with disabilities. This Directive seeks to ensure full

respect of Article 47 of the Charter on the right to an effective remedy and to a fair trial

through effective means of enforcement,

HAVE ADOPTED THIS DIRECTIVE:

PE-CONS 34/1/24 REV 1 31

# **EN**

_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;

PE-CONS 34/1/24 REV 1 32

# **EN**

(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) …/… **[+]** ;

(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) …/… **[+]** ;

(6) ‘authorised representative’ means ‘authorised representative’ as defined in Article 2,

point (43), of Regulation (EU) …/… **[+]** ;

(7) ‘importer’ means ‘importer’ as defined in Article 2, point (44), of Regulation (EU) …/… **[+]** ;

(8) ‘distributor’ means ‘distributor’ as defined in Article 2, point (45), of Regulation

(EU) …/… **[+]** ;

(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) …/… **[+]** ;

**+** OJ: Please insert in the text the number of the Regulation contained in document
PE-CONS 106/23 (2022/0095(COD)).

PE-CONS 34/1/24 REV 1 33

# **EN**

(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.

PE-CONS 34/1/24 REV 1 34

# **EN**

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;

PE-CONS 34/1/24 REV 1 35

# **EN**

(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.

PE-CONS 34/1/24 REV 1 36

# **EN**

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.

**24** Directive 2006/123/EC of the European Parliament and of the Council of 12 December 2006
on services in the internal market (OJ L 376, 27.12.2006, p. 36).
**25** Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on
certain legal aspects of information society services, in particular electronic commerce, in
the Internal Market (‘Directive on electronic commerce’) (OJ L 178, 17.7.2000, p. 1).

PE-CONS 34/1/24 REV 1 37

# **EN**

_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.

PE-CONS 34/1/24 REV 1 38

# **EN**

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.

PE-CONS 34/1/24 REV 1 39

# **EN**

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.

PE-CONS 34/1/24 REV 1 40

# **EN**

_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 … [36 months from the date of entry into force of this Directive] 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.

PE-CONS 34/1/24 REV 1 41

# **EN**

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 … [36 months from the date of entry into force of this Directive].

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.

PE-CONS 34/1/24 REV 1 42

# **EN**

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;

PE-CONS 34/1/24 REV 1 43

# **EN**

(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.

**26** Regulation (EU) 2018/1724 of the European Parliament and of the Council
of 2 October 2018 establishing a single digital gateway to provide access to information, to
procedures and to assistance and problem-solving services and amending Regulation
(EU) No 1024/2012 (OJ L 295, 21.11.2018, p. 1).

PE-CONS 34/1/24 REV 1 44

# **EN**

_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 … [24 months from the date of entry into force of this Directive], 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).

PE-CONS 34/1/24 REV 1 45

# **EN**

2. By … [24 months from the entry into force of this Directive], 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

PE-CONS 34/1/24 REV 1 46

# **EN**

(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;

PE-CONS 34/1/24 REV 1 47

# **EN**

(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 … [60 months from the date of entry into force of this Directive], 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.

PE-CONS 34/1/24 REV 1 48

# **EN**

_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 … [24 months from the date of entry into force of this

Directive] notify the Commission of those rules and of those measures and shall notify it, without

delay, of any subsequent amendment affecting them.

PE-CONS 34/1/24 REV 1 49

# **EN**

_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

twelve months.’;

PE-CONS 34/1/24 REV 1 50

# **EN**

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

‘1. Repairs or replacements shall be carried out:

(a) free of charge;

PE-CONS 34/1/24 REV 1 51

# **EN**

(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/… of the European Parliament and of the Council of … 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, …, ELI: …) **[+]** .’.

**+** OJ: please insert in the text the number of the Directive contained in document
PE-CONS 34/24 (2023/0083(COD)) and complete the OJ reference.

PE-CONS 34/1/24 REV 1 52

# **EN**

_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/… of the European Parliament and of the Council of … 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, …, ELI: …) **[+]** .’.

_Article 19_

_Reporting by the Commission and review_

1. By … [7 years from the date of entry into force of this Directive], 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.

**+** OJ: please insert in the text the number of the Directive contained in document
PE-CONS 34/24 (2023/0083(COD)) and complete the OJ reference.

PE-CONS 34/1/24 REV 1 53

# **EN**

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.

PE-CONS 34/1/24 REV 1 54

# **EN**

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 … [one month from the date of entry into force

of this Directive]. 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.

PE-CONS 34/1/24 REV 1 55

# **EN**

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 … [24 months from

the date of entry into force of this Directive].

_Article 22_

_Transposition_

1. Member States shall bring into force the laws, regulations and administrative provisions

necessary to comply with this Directive by … [24 months from the date of entry into force

of this Directive] 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.

PE-CONS 34/1/24 REV 1 56

# **EN**

Member States shall apply those measures from … [24 months from the date of entry into

force of this Directive].

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.

Done at Brussels,

_For the European Parliament_ _For the Council_

_The President_ _The President_

PE-CONS 34/1/24 REV 1 57

# **EN**

**ANNEX I**

EUROPEAN REPAIR INFORMATION FORM

Part I

Identity and contact details of the repairer providing the repair service

|Repairer|[Identity]|
|---|---|
|Address|[Geographical address to be used by the<br>consumer]|
|Telephone number||
|Email address||
|If provided by the repairer, other means of<br>online communication, which enable the<br>consumer to contact, and communicate with, the<br>repairer quickly and efficiently||

PE-CONS 34/1/24 REV 1 1

# ANNEX I EN

Part II

Information on the repair service

|Good to be repaired|[Identification of the good]|
|---|---|
|Nature of the defect|[Description of the defect]|
|Type of repair suggested|[What kind of measures will be taken to repair<br>the defect]|
|Price for repair or, if it cannot be calculated, the<br>applicable calculation method and maximum<br>price of repair|[This means the total amount or, if not possible,<br>the calculation method and the ceiling for the<br>repair service, in EUR/national currency]|
|Time to complete repair|[Time by which the repairer undertakes to<br>perform the service in days]|
|Availability of temporary replacement goods|[A temporary replacement good means that the<br>consumer will receive an equivalent good for<br>use during the time of repair, the repairer has to<br>indicate ‘Yes’ or ‘No’]|
|If yes, indicate the corresponding costs, if any:|[In EUR/national currency]|
|Place to hand over the goods|[The place where the consumer hands over the<br>goods for repair ]|
|If applicable, the availability of ancillary<br>services|[Indicate if and to which extent ancillary<br>services such as removal, installation and<br>transportation are offered, or ‘None’ if no<br>ancillary service is offered for the repair<br>concerned]|
|If yes, indicate the corresponding costs, if any:|[In EUR/national currency, per service offered]|
|The period of validity of the European Repair<br>Information Form|[Period of validity of at least 30 days]|
|If applicable, additional information||

Indications between square brackets provide explanations for the repairer and must be replaced with

the corresponding information.

PE-CONS 34/1/24 REV 1 2

# ANNEX I EN

**ANNEX II**

LIST OF UNION LEGAL ACTS

LAYING DOWN REPAIRABILITY REQUIREMENTS

1. For household washing machines and household washer-dryers, Commission Regulation

(EU) 2019/2023 **[1]**

2. For household dishwashers, Commission Regulation (EU) 2019/2022 **[2]**

3. For refrigerating appliances, Commission Regulation (EU) 2019/2019 **[3]**

**1** Commission Regulation (EU) 2019/2023 of 1 October 2019 laying down ecodesign
requirements for household washing machines and household washer-dryers pursuant to
Directive 2009/125/EC of the European Parliament and of the Council, amending
Commission Regulation (EC) No 1275/2008 and repealing Commission Regulation
(EU) No 1015/2010 (OJ L 315, 5.12.2019, p. 285).
**2** Commission Regulation (EU) 2019/2022 of 1 October 2019 laying down ecodesign
requirements for household dishwashers pursuant to Directive 2009/125/EC of the European
Parliament and of the Council amending Commission Regulation (EC) No 1275/2008 and
repealing Commission Regulation (EU) No 1016/2010 (OJ L 315, 5.12.2019, p. 267).
**3** Commission Regulation (EU) 2019/2019 of 1 October 2019 laying down ecodesign
requirements for refrigerating appliances pursuant to Directive 2009/125/EC of the
European Parliament and of the Council and repealing Commission Regulation
(EC) No 643/2009 (OJ L 315, 5.12.2019, p. 187).

PE-CONS 34/1/24 REV 1 1

# ANNEX II EN

4. For electronic displays, Commission Regulation (EU) 2019/2021 **[4]**

5. For welding equipment, Commission Regulation (EU) 2019/1784 **[5]**

6. For vacuum cleaners, Commission Regulation (EU) No 666/2013 **[6]**

**4** Commission Regulation (EU) 2019/2021 of 1 October 2019 laying down ecodesign
requirements for electronic displays pursuant to Directive 2009/125/EC of the European
Parliament and of the Council, amending Commission Regulation (EC) No 1275/2008 and
repealing Commission Regulation (EC) No 642/2009 (OJ L 315, 5.12.2019, p. 241).
**5** Commission Regulation (EU) 2019/1784 of 1 October 2019 laying down ecodesign
requirements for welding equipment pursuant to Directive 2009/125/EC of the European
Parliament and of the Council (OJ L 272, 25.10.2019, p. 121).
**6** Commission Regulation (EU) No 666/2013 of 8 July 2013 implementing Directive
2009/125/EC of the European Parliament and of the Council with regard to ecodesign
requirements for vacuum cleaners (OJ L 192, 13.07.2013, p. 24).

PE-CONS 34/1/24 REV 1 2

# ANNEX II EN

7. For servers and data storage products, Commission Regulation (EU) 2019/424 **[7]**

8. For mobile phones, cordless phones and slate tablets, Commission Regulation

(EU) 2023/1670 **[8]**

9. For household tumble dryers, Commission Regulation (EU) 2023/2533 **[9]**

10. For goods incorporating light means of transport batteries, Regulation (EU) 2023/1542 of

the European Parliament and of the Council **[10]**

**7** Commission Regulation (EU) 2019/424 of 15 March 2019 laying down ecodesign
requirements for servers and data storage products pursuant to Directive 2009/125/EC of the
European Parliament and of the Council and amending Commission Regulation
(EU) No 617/2013 (OJ L 74, 18.03.2019, p. 46).
**8** Commission Regulation (EU) 2023/1670 of 16 June 2023 laying down ecodesign
requirements for smartphones, mobile phones other than smartphones, cordless phones and
slate tablets pursuant to Directive 2009/125/EC of the European Parliament and of the
Council and amending Commission Regulation (EU) 2023/826 (OJ L 214, 31.8.2023,
p. 47).
**9** Commission Regulation (EU) 2023/2533 of 17 November 2023 implementing Directive
2009/125/EC of the European Parliament and of the Council with regard to ecodesign
requirements for household tumble dryers, amending Commission Regulation
(EU) 2023/826, and repealing Commission Regulation (EU) No 932/2012
(OJ L, 2023/2533, 22.11.2023, ELI: http://data.europa.eu/eli/reg/2023/2533/oj).
**10** Regulation (EU) 2023/1542 of the European Parliament and of the Council of 12 July 2023
concerning batteries and waste batteries, amending Directive 2008/98/EC and Regulation
(EU) 2019/1020 and repealing Directive 2006/66/EC (OJ L 191, 28.7.2023, p. 1).

PE-CONS 34/1/24 REV 1 3

# ANNEX II EN