The right to repair – what manu­fac­tu­r­ers can expect 

Repa­ra­ble pro­ducts as the mar­ket standard

The Green Deal is an exten­si­ve packa­ge of mea­su­res desi­gned to crea­te a sus­tainable climate-neutral eco­no­my and which focu­ses e.g. on exten­ding the peri­od over which pro­ducts can be reu­sed or recy­cled. One spe­ci­fic mani­fes­ta­ti­on of this goal is the cur­rent Pro­po­sal for an Eco-Design Regu­la­ti­on, which pro­vi­des for the cen­tra­li­zed and digi­ti­zed sup­p­ly of pro­duct infor­ma­ti­on and, abo­ve all, con­ta­ins requi­re­ments and regu­la­ti­ons with respect to the design and manu­fac­tu­re of sus­tainable pro­ducts. This legis­la­ti­on is accom­pa­nied by other regu­la­ti­ons, such as e.g.

Objec­ti­ves of the Proposal

The main objec­ti­ve of the Pro­po­sal is to streng­then the level of con­su­mer pro­tec­tion in the Euro­pean Inter­nal Mar­ket while at the same time pro­mo­ting the “green tran­si­ti­on.” Pro­ducts should not be dis­card­ed if they can still be reu­sed. The Com­mis­si­on sta­tes that har­mo­niza­ti­on is neces­sa­ry in this area becau­se rights of this kind curr­ent­ly exist in only rudi­men­ta­ry fashion in the natio­nal laws of the mem­ber sta­tes, via sta­tu­to­ry war­ran­ties; moreo­ver, the for­mu­la­ti­on of the­se rights varies from case to case.

Scope of application

The Pro­po­sal appli­es to con­su­mer pro­ducts which are not cover­ed by the sta­tu­to­ry war­ran­ty sys­tem, e.g. becau­se the defect in ques­ti­on did not yet exist at the time the pro­duct was deli­ver­ed to the con­su­mer, or becau­se the sta­tu­to­ry or con­trac­tu­al war­ran­ty peri­od has expi­red. The obli­ga­ti­on to repair curr­ent­ly extends to the 9 pro­duct groups lis­ted in Annex II, inclu­ding house­hold appli­ances such as washing machi­nes, dish­wa­shers and ref­ri­ge­ra­tors, as well as elec­tro­nic dis­plays, cell pho­nes and wel­ding equipment.

Obli­ga­ti­on to repair

The obli­ga­ti­on to repair appli­es pri­ma­ri­ly to (EU-based) manu­fac­tu­r­ers, which are requi­red to repair the pro­ducts cover­ed by the Pro­po­sal at the consumer’s request, eit­her free of char­ge, for a fee or for some other form of con­side­ra­ti­on. The manu­fac­tu­rer need not per­form the repair its­elf: it may ins­tead dele­ga­te repair orders to repai­rers. Only in cases whe­re repair is impos­si­ble for both the manu­fac­tu­rer or a third par­ty does the obli­ga­ti­on to repair cea­se to app­ly. Manu­fac­tu­r­ers are requi­red to noti­fy con­su­mers in a sui­ta­ble man­ner of their right to repair. Manu­fac­tu­r­ers must enable the repai­rers to access neces­sa­ry spa­re parts and other tools and infor­ma­ti­on rela­ting to the repair.

Other eco­no­mic ope­ra­tors affec­ted by the Proposal

Other eco­no­mic ope­ra­tors are also cover­ed by the obli­ga­ti­on to repair, in addi­ti­on to EU-based manu­fac­tu­r­ers. If the manu­fac­tu­rer is not based in the EU, the Pro­po­sal sta­tes that the obli­ga­ti­on to repair would then app­ly to its EU-based aut­ho­ri­sed repre­sen­ta­ti­ve. If the manu­fac­tu­rer has not appoin­ted an aut­ho­ri­sed repre­sen­ta­ti­ve, the obli­ga­ti­on would app­ly to the product’s importer or, final­ly, to the product’s distributor.

For­mu­la­ti­on in practice

Under the Pro­po­sal, mem­ber sta­tes will be requi­red to set up at least one cen­tra­li­zed online plat­form which allows con­su­mers to con­duct a filter-based search for sui­ta­ble repai­rers in their area for each pro­duct and pro­duct group. Regis­tra­ti­on on the online plat­form will be vol­un­t­a­ry for repairers.

In addi­ti­on, a Euro­pean Repair Infor­ma­ti­on Form will be intro­du­ced, which must be pro­vi­ded to the con­su­mer befo­re the repair con­tract is con­cluded in each case. As sta­ted in the Pro­po­sal, this will be a form con­tai­ning boi­ler­p­la­te pro­vi­si­ons and infor­ma­ti­on about the iden­ti­ty of the repai­rer and its address, as well as information

  • about the type of defect and the pro­po­sed repair;
  • the pri­ce or, if it can­not be pro­vi­ded, about cal­cu­la­ti­on of the pri­ce and the maxi­mum price;
  • the expec­ted dura­ti­on of the repair; and
  • the avai­la­bi­li­ty of repla­ce­ment pro­ducts during this period.

The repai­rer will be bound by the­se terms for 30 days after pro­vi­ded them to the consumer.

Man­da­to­ry law, enforce­ment and penalties

Devia­ti­on from the abo­ve rules will not be pos­si­ble, whe­ther by con­tract or natio­nal legis­la­ti­on, alt­hough com­pa­nies are free at any time to offer arran­ge­ments which go bey­ond the pro­tec­tion pro­vi­ded in the Direc­ti­ve. Vio­la­ti­ons of the right to repair, fail­ure to inform con­su­mers of the right to repair and vio­la­ti­ons of the Euro­pean Repair Infor­ma­ti­on Form will be pena­li­zed by the mem­ber sta­tes based on natio­nal trans­po­si­ti­on statutes.

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