On April 23, after about two years of negotiation, the EU adopted a directive establishing common rules for the right to repair. Member states must be compliant with the directive within 24 months of its entry into force.
The rules relate to the New Consumer Agenda and the Circular Economy Action Plan (CEAP) and complement the proposed Ecodesign Sustainable Products Regulation (ESPR) and the directive on the green transition.
Manufacturers will be obligated less to repair defective goods than to produce repairable goods. The obligation to repair is limited to goods defined by Union legal acts. As earlier press releases from the EU relate, household appliances (“washing machines, vacuum cleaners and even smartphones”) are of primary concern.
Manufacturers, representatives, importers or distributors, as the case may be, are to inform the public of their obligation to repair and of their repair services from the moment a device is placed on the market until the repairability requirements expire.
There will now be an official European Repair Information Form, for manufacturers and repairers to fill out, but it is optional. Repairers may forgo it as long as they provide a defective device’s owner with certain information, such as cost and time of repair. The information must be free of charge, but certain repairers may bill the owner for certain diagnostics. Once an owner agrees to the terms set forth in an Information Form the repairer must proceed with the repair.
There will also be an obligation to inform the consumer of “the right to choose between repair and replacement.”
Owners are to have a wide choice of repairers or the option to conduct repairs themselves.
Manufacturers must keep spare parts and tools available for a minimum period and may not deter repairs with unreasonable prices, with software or hardware techniques, or with false claims that repair or inspection entails risk to safety.
The first repair of a device under guarantee will entail a 12-month extension of that guarantee, although member states are free to provide for further extensions.
During the repair a repairer may opt to lend the owner a replacement device, which could itself be refurbished but must be provided free of charge.
There are plans for a European online platform for repair, with national sections and links to any national online platforms for repair. This is to be available free of charge and to accommodate “sellers of refurbished goods, purchasers of defective goods for refurbishment or complementary market-based instruments, such as community-led repair initiatives,” with a search function, by member state, to help find these accommodated parties.
Member states are to implement at least one measure, financial or not, to promote repair. They are also to lay down penalties for infringements of national provisions.
