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EU Right to Repair Directive

With the introduction of Directive (EU) 2024/1799 of the European Parliament and of the Council of 13 June on common rules promoting the repair of goods (the “Directive”), consumer access to repair services will become more accessible, efficient, and transparent. This not only promotes the sustainable use of goods but also strengthens the internal market and confidence in (cross-border) repair services.  

What does this Directive mean in concrete terms for consumers and businesses? This article discusses the key points. 

Scope and repair obligation 

The directive applies to products subject to repairability requirements under EU legislation, which are listed in Annex II of the directive. These include washing machines, refrigerators, electronic displays, vacuum cleaners, mobile phones, servers and data storage products. It is expected that this list will be extended in the future. 

Manufacturers must, within the limits of the applicable repairability requirements, repair goods at the request of consumers. The repairability requirements include design criteria that facilitate disassembly of goods, and the obligation to make a range of spare parts available for a minimum period. The repair must be carried out free of charge or at a reasonable price, and also within a reasonable time. Depending on the specific characteristics of the category of goods in question, the manufacturer may lend the consumer a replacement good if repair is not completed within a reasonable time. If repair is impossible, the manufacturer may offer the consumer a refurbished good. In addition, manufacturers may choose to outsource the repair. 

Manufacturers should not use contractual terms, hardware or software techniques that hinder repair unless justified by legitimate reasons such as intellectual property protection. In addition, manufacturers should not prevent independent repairers from using original or second-hand spare parts, compatible spare parts and spare parts made with 3D printing, and manufacturers should not refuse repair on the sole ground that previous repair work has been carried out by third parties. 

If a manufacturer is located outside the EU, the authorised representative, importer or distributor is responsible for complying with these obligations. 

It is also important to note that if a product becomes defective within the statutory warranty period (which under European regulations is a minimum of two years) and the consumer requests repair instead of replacement, the statutory warranty period is extended once by 12 months. 

European repair information form 

To accommodate repairers, the directive introduces the European Repair Information Form. This standardised form can be provided by the repairer to the consumer and must then specify in a clear and comprehensible manner conditions such as the cost of repair, the expected duration of repair and the availability of temporary replacement goods. The form must be provided free of charge and the information in the form remains valid in principle for 30 calendar days, with the possibility of contractually agreeing a longer validity period. 

Incentives 

Member States must implement at least one measure to promote repair, such as supporting or setting up local or regional online platforms for repair, conducting information campaigns or issuing repair vouchers to cover the cost of repairing a product. 

In addition, a European online repair platform will be established to make repair services accessible to consumers at EU level, as well as cross-border and within each Member State. This will allow consumers to easily find repairers and sellers of refurbished products and buyers of defective goods. 

Conclusion 

The Directive enables consumers to use products for longer and helps reduce waste streams. It should be noted that this has as a possible adverse side effect that consumers are less likely to benefit from product innovations. Moreover, for companies, it may mean that they have to adapt their product designs, after-sales and communication with consumers. As EU Member States have to transpose the Directive into national law by 31 July 2026, it is advisable for companies to prepare now for the upcoming changes. 

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