Last week the European Commission adopted a new proposal for a directive that promotes the repair of goods purchased by consumers.
The two main objectives of this proposal are in the first instance to facilitate the repair of goods during and after the guarantee period, and secondly to support the European Green Deal, as the premature disposal of reparable products leads to an increase in waste and generates more demand for valuable resources in the production of new goods.
The new proposal will basically ensure that products bought by consumers, and which develop a fault during the guarantee period, are, whenever possible, repaired instead of replaced.
Currently, under the Sale of Goods Regulations, during the two-year guarantee period, consumers can ask sellers to repair or replace a product free of charge in case of defects that are due to non-conformity of the goods with a sales contract.
Under the new rules, when the repair is cheaper or equal in cost, sellers will be required to firstly provide free repair as a remedy. Sellers will only be obliged to offer replacement when the repair of a defective product would be more expensive or cannot be undertaken within a reasonable time or without causing a significant inconvenience to the consumer.
Once the two-year legal guarantee comes to an end, a new set of rights and tools will be available to consumers to make repair an easy and accessible option. Through the new rules, consumers will have a right to claim repair for products that are repairable by design in the EU. Producers will only be able to refuse the repairs when it is technically impossible.
Depending on the type of product, producers will be obliged to repair a product for between five and 10 years after purchase. Goods for which repairability requirements currently exist include household washing machines and household washer-dryers, refrigerating appliances, electronic displays, welding equipment, vacuum cleaners, and servers and data storage.
Mobile phones, cordless phones and tablets will soon be included in this list, when the respective Ecodesign reparability requirements are adopted. Ecodesigned products consider the products’ environmental impact from production to disposal with the aim of minimising the negative environmental impacts of products while also maximising their benefits.
Commenting on consumers’ right for repair, EU Justice Commissioner Didier Reynders said more types of products will be added to the Ecodesign list in future as the EU wants Ecodesign products to become the norm.
The new rules will also introduce an obligation for member states to provide at least one national platform to matchmake consumers with repairers- Odette Vella
Another obligation on producers will be that of informing consumers about the availability of the repair services so that consumers are made aware of their new rights.
While producers will be obliged to repair damages caused by consumers at a cost, they will, however, be exempted from this obligation if repair is impossible because, for instance, the goods are damaged in a way that makes repair technically unfeasible.
The new rules will also introduce an obligation for member states to provide at least one national platform to matchmake consumers with repairers. This will help consumers assess and compare the merits of different repair services and thereby incentivise them to choose repair instead of buying new goods.
Among the requirements that the platform needs to comply with, it must enable searches by location and quality standards. It must also provide information on repair conditions, such as, for instance, the time needed to complete the repair and the availability of temporary replacement goods.
The platform should also enable consumers to directly request the European Repair Information Form. This form makes it easier for consumers to gain an overview of the key conditions of the repair service and to compare different repair services as it brings transparency to repair conditions and price.
The adopted proposal also refers to the development of a European quality standard for repair services to help consumers identify repairers who commit to a higher quality. This ‘easy repair’ standard will be open to all repairers across the EU willing to commit to minimum quality standards, for example, based on duration or availability of parts.
The right to repair proposal is part of the European Commission’s broader goal of becoming the first climate neutral continent by 2050, which can only happen if consumers and businesses are consuming and producing more sustainably. This new proposal tangibly tackles obstacles that discourage consumers to replace products and encourage repair as a more sustainable consumption choice.
Odette Vella is director, Information and Research Directorate, MCCAA
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