CYIL vol. 15 (2024)

CYIL 15 ȍ2024Ȏ NEW PROǧSUSTAINABILITY CONSUMER PROTECTION DIRECTIVE … Pursuant to the Impact Assessment Report, 34 the Proposal for a Repair Goods Directive is a valuable instrument to “promote sustainable consumption through repair and reuse of viable consumer goods,” which induces the repair of defective consumer goods and the reuse of goods within and beyond the legal guarantee. A similar opinion was, and still is, shared by other EU institutions. Namely, in March 2023, both the Proposal for a Repair Goods Directive and the Impact Assessment Report were published, while the committee referral followed in July 2023 and the committee report in October 2023. After a debate in Parliament in November 2023, the decision in Parliament to approve an amended version was reached by the massive majority of 590 votes. In February 2024, the committee approved this amended version and, following a discussion in the Parliament on 22 April 2024, the Parliament reached a resolution on the 1 st reading within the ordinary legislative procedure COM(2023)0155 – 2023/0083(COD). 35 Consequently, pursuant to the standpoint of the European Commission and Committee on the Internal Market and Consumer Protection with the Rapporteur: René Repasi (A9 0316/2023), the European Parliament adopted the provision agreement by 584 votes, while only 3 votes were against and 14 voters abstained, and instructed its President to forward its position to the Council of EU (Council of ministers) and the European Commission and the national parliaments of EU Member States. In sum, on Tuesday 23 April 2024, the European Parliament adopted the “right to repair’ for consumers by creating the obligations for manufacturers to repair goods and encourage consumers to extend a product’s lifecycle through repair. On 30 May 2024, the Proposal for a Repair Goods Directive was adopted by the Council, on 13 June was signed and ultimately the Repair Goods Directive aka Right to Repair Directive aka R2R Directive was published on 10 July 2024 and entered into force on 30 July 2024. This right to repair includes a set of duties, such as that (i) the manufacturer has to repair a product for a reasonable price and within a reasonable timeframe after the legal guarantee period, (ii) there must be access to spare parts, tools, and repair information for consumers, (iii) incentives to opt for repair, such as repair vouchers and funds, have to be provided, and (iv) online platforms are to be set to assist consumers in finding local repair services and shops selling refurbished goods. Ultimately, repairers and consumers should have access to spare parts and repair-related information and tools, and this even regarding types of products for which consumers are often pushed into buying a new model after two years, e.g., smartphones. To avoid any circumventing of this right to repair, not only do manufacturers have to provide spare parts and tools at a reasonable price, but, in addition, they are prohibited from using contractual clauses or hardware or software techniques that obstruct repairs. In Parliamentary documents about this Proposal, there is often cited the quote by the rapporteur René Repasi (S&D, DE) that “Consumers’ right to repair products will now become a reality. It will be easier and cheaper to repair instead of being forced to purchase new, expensive items. This is a significant achievement for Parliament and its commitment to empower consumers in the fight against climate change.” In addition, it needs to be remembered that this right to repair, as brought by the Proposal and the resulting Directive, 34 COM(2023) 155 SWD(2023) 60 final EXECUTIVE SUMMARY OF THE IMPACT ASSESSMENT REPORT. Brussels, 22.3.2023 [online]. In EUR-Lex. https://eur-lex.europa.eu/legal-content/EN/TXT/ PDF/?uri=CELEX:52023SC0060. 35 Seeathttps://oeil.secure.europarl.europa.eu/oeil/popups/ficheprocedure.do?reference=2023/0083(COD)&l=en.

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