Recently, an EU directive aimed at strengthening the right to repair goods was officially adopted. Known as the R2R (Right to Repair) Directive, this legislative act aims to promote the repair of goods rather than their replacement, particularly to foster sustainable consumption.
Moreover, the directive seeks to eliminate barriers that discourage consumers from repairing goods, such as inconvenience, lack of transparency, or difficulties accessing repair services. Thus, it would contribute to the goal of a circular economy by creating incentives for both manufacturers and consumers to extend product life cycles and significantly reduce pollution and waste.
Consequently, to achieve the desired goal, consumers will be provided with a new set of rights and tools to guide them toward the solution of repair rather than replacement, including:
– The right to request the repair of products that are technically repairable under EU law (e.g., mobile phones or washing machines).
– The obligation for manufacturers to inform consumers about the products they are legally required to repair.
– A European repair information form that consumers are entitled to request from any repairer (thereby creating a transparent framework regarding repair prices and conditions).
– An online repair comparison platform to connect consumers with repairers in their area.
– Extending the seller’s liability period by six months in case of repair.
Thus, the directive aims to require manufacturers to carry out repairs within a reasonable time and at a reasonable cost (except where the service is provided free of charge) so that consumers are not discouraged from exercising their rights. Additionally, to reduce bureaucracy for small repairers, only those legally obliged to repair will be required to provide the standardized EU form upon request. For other repairers, providing the form will remain optional. If repairers provide the form, the conditions set out in it will be binding. Moreover, the European form must be provided free of charge, but consumers may be required to pay the cost of the diagnostic service.
On the other hand, regarding the European online repair platform, it is intended to be operated at the European level uniquely, rather than having 27 national platforms. However, if the conditions contained in the directive are met, member states can maintain existing national online repair platforms or create new ones.
Additionally, the legislative act aims to maintain consumers’ right to choose between repairing and replacing defective products during the seller’s liability period. If repair is requested, the seller’s liability period will be extended by six months from the moment the product is brought into compliance. Thus, the seller will have to inform the consumer about their right to repair or replace the product and about the extension of the liability period in the case of repair.
The R2R Directive is an integral part of the New Consumer Agenda and the Circular Economy Action Plan, complementing legislative proposals aimed at promoting sustainable consumption, such as the proposed regulation on ecodesign (to encourage the production of repairable products) and the proposed directive on empowering consumers for the green transition.
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Andreea Bogozi – Compliance Consultant
