EU Council adopts position on a directive that enshrines consumers’ right to repair

November 23, 2023

On 22 November 2023 the EU Council adopted its position (or ‘negotiating mandate’) on a proposed directive on common rules promoting the repair of goods, also known as the right-to-repair (or R2R) directive.

The proposed text aims to remove obstacles that discourage consumers from seeking repair, such as inconvenience, lack of transparency or difficult access to repair services.

The mandate clarifies manufacturers’ repair obligations, limits the requirement to provide information on repair services to those that have a legal obligation to fix defective products, promotes a European online repair platform and introduces an extension of the liability period of the seller in case of repair.

Easier to repair and reuse
Very often, when a product such as a vacuum cleaner or a washing machine breaks or is defective it is easier to dispose of it and buy a new one than have it repaired, especially when the legal guarantee has expired. The new legislation creates incentives for consumers to prolong the life of the product by having it repaired, which in turn will boost the repair sector, reduce waste and promote more sustainable business models.

A new set of rights and tools will be available for consumers to make repair more attractive. In particular:

• the right for consumers to claim repair for products that are technically repairable under EU law (for instance, washing machines or mobile phones)
• an obligation for producers to inform consumers about the products that they are legally obliged to repair
• a European repair information form which consumers can request from any repairer, bringing transparency to repair conditions and prices
• an online repair matchmaking platform to connect consumers with repairers in their area
• an extension of six months of the liability period of the seller in case of repair

Council mandate
The Council mandate supports the general objectives of the directive, but introduces some improvements regarding the obligation to repair, the information form, the online platform, and maintains the choice between repair and replacement.

Obligation to repair
The mandate requires manufacturers to perform repairs within a reasonable time and, unless the service is provided for free, for a reasonable price so that consumers are not deterred from exercising their rights.

European repair information form
To cut red tape for small repairers, only those who have a legal obligation to repair will have to provide the standardised EU repair form upon request. For all other repairers, provision of the form remains voluntary. If repairers provide it, the conditions set out in the form will be binding for them. The form must be provided free of charge, although the consumer may be asked to pay the cost of the diagnostic service. According to the Council’s position, the key information included in the form will be valid for 30 calendar days, but the consumer and repairer may agree to extend this period.

European online repair platform
The Council’s position proposes a single European online repair platform designed and operated at European level, instead of 27 national platforms. This will improve accessibility and facilitate cross-border services. Nevertheless, member states will be able to maintain existing national online repair platforms or to establish new ones if they meet the conditions set out in the directive.

Freedom of choice
The negotiating mandate maintains consumers’ right to choose between repair and replacement for defective products within the liability period of the seller. In the case of repair, the seller’s liability period will be extended by six months from the moment when the product is brought into conformity. This period may be further prolonged by member states if they so wish. The seller will have to inform the consumer about their right to have their product repaired or replaced, as well as the extension of the liability period in the case of repair.

Transposition
The Council position provides for a longer transposition period, so businesses will have six more months to adapt to the new requirements.

Next steps
The negotiating mandate agreed on 22 November 2023 formalises the Council’s position. It provides the Council presidency with a mandate for negotiations with the European Parliament, which will start in the following weeks.

Categories : World Focus

Tags : Circular economy EU Council Mandate Reuse Right to Repair