Article 2 — Amendments to Directive 2011/83/EU

Directive 2011/83/EU is amended as follows: (1) in Article 2, the following points are inserted: ‘(14a) “commercial guarantee of durability” means a producer’s commercial guarantee of durability as referred to in Article 17 of Directive (EU) 2019/771, under which the producer is directly liable to the consumer during the entire period of the commercial guarantee of durability for repair or replacement of the goods in accordance with Article 14 of Directive (EU) 2019/771, whenever the goods do not maintain their durability; (14b) “durability” means durability as defined in Article 2, point (13), of Directive (EU) 2019/771; (14c) “producer” means producer as defined in Article 2, point (4), of Directive (EU) 2019/771; (14d) “reparability score” means a score expressing the capacity of a good to be repaired, based on harmonised requirements established at Union level; (14e) “software update” means a free update, including a security update, that is necessary to keep goods with digital elements, digital content and digital services in conformity in accordance with Directives (EU) 2019/770 and (EU) 2019/771;’; (2) in Article 5, paragraph 1 is amended as follows: (a) point (e) is replaced by the following: ‘(e) a reminder of the existence of the legal guarantee of conformity for goods and its main elements, including its minimum duration of two years as provided in Directive (EU) 2019/771, in a prominent manner, using the harmonised notice referred to in Article 22a of this Directive;’; (b) the following points are inserted: ‘(ea) where the producer offers the consumer a commercial guarantee of durability at no additional cost, covering the entire good and with a duration of more than two years and makes that information available to the trader, the information that that good benefits from such a guarantee, its duration and a reminder of the existence of the legal guarantee of conformity, in a prominent manner, using the harmonised label referred to in Article 22a; (eb) a reminder of the existence of the legal guarantee of conformity for digital content and digital services; (ec) where applicable, the existence and the conditions of after-sales services and commercial guarantees; (ed) for goods with digital elements, for digital content and for digital services, where the producer or provider makes the information available to the trader, the minimum period, whether expressed as a period of time or by reference to a date, during which the producer or the provider provides software updates.’; (c) the following points are added: ‘(i) where applicable, the reparability score for the goods; (j) where point (i) is not applicable and provided that the producer makes the information available to the trader, information about the availability and estimated cost of, and procedure for ordering, spare parts that are necessary to keep the goods in conformity, about the availability of repair and maintenance instructions and about repair restrictions.’; (3) in Article 6, paragraph 1 is amended as follows: (a) point (g) is replaced by the following: ‘(g) the arrangements for payment, delivery, including environmentally friendly delivery options where available, performance, the time by which the trader undertakes to deliver the goods or to perform the services and, where applicable, the trader’s complaint handling policy;’; (b) point (l) is replaced by the following: ‘(l) a reminder of the existence of the legal guarantee of conformity for goods and its main elements, including its minimum duration of two years as provided in Directive (EU) 2019/771, in a prominent manner, using the harmonised notice referred to in Article 22a of this Directive;’; (c) the following points are inserted: ‘(la) where the producer offers the consumer a commercial guarantee of durability at no additional cost, covering the entire good and with a duration of more than two years, and makes that information available to the trader, the information that that good benefits from such a guarantee, its duration and a reminder of the existence of the legal guarantee of conformity, in a prominent manner, using the harmonised label referred to in Article 22a; (lb) a reminder of the existence of the legal guarantee of conformity for digital content and digital services; (lc) for goods with digital elements, for digital content and for digital services, where the producer or the provider makes the information available to the trader, the minimum period, whether expressed as a period of time or by reference to a date, during which the producer or the provider provides software updates.’; (d) the following points are added: ‘(u) where applicable, the reparability score for the goods; (v) where point (u) is not applicable and provided that the producer makes the information available to the trader, information about the availability and estimated cost of, and procedure for ordering, spare parts that are necessary to keep the goods in conformity, about the availability of repair and maintenance instructions and about repair restrictions.’; (4) in Article 8(2), the first subparagraph is replaced by the following: ‘2. If a distance contract to be concluded by electronic means places the consumer under an obligation to pay, the trader shall make the consumer aware in a clear and prominent manner, and directly before the consumer places his order, of the information provided for in Article 6(1), points (a), (e), (la), (o) and (p).’; (5) the following article is inserted in Chapter V: 1. In order to ensure that consumers are well informed and can easily understand their rights throughout the Union, a harmonised notice shall be used for the provision of information pursuant to Article 5(1), point (e), and Article 6(1), point (l), and a harmonised label shall be used for the provision of information pursuant to Article 5(1), point (ea), and Article 6(1), point (la). 2. By 27 September 2025 the Commission shall, by means of implementing acts, specify the design and content of the harmonised notice referred to in paragraph 1. 3. The harmonised notice shall contain the main elements of the legal guarantee of conformity, including its minimum duration of two years as provided in Directive (EU) 2019/771 and a general reference to the possibility that the duration of the legal guarantee of conformity is longer under national law. 4. By 27 September 2025 the Commission shall, by means of implementing acts, specify the design and content of the harmonised label referred to in paragraph 1. 5. The harmonised notice and the harmonised label shall be easily recognisable and understandable for consumers and easy to use and reproduce for traders. 6. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 27a.’ (6) the following article is inserted: 1. The Commission shall be assisted by a committee. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011 of the European Parliament and of the Council (*4). 2. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.

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Source: EUR-Lex CELLAR · retrieved 2026-09-01