On 22 March 2023, the Commission published a proposal to introduce a new ‘right to repair' for consumers, both within and beyond the legal guarantee. The proposal wants to ensure that more products are repaired within the legal guarantee, and that consumers have easier and cheaper options to have technically repairable products repaired when the legal guarantee has expired. Beyond the legal guarantee, a new set of rights and tools would be available to consumers to make ‘repair' an easy and accessible option.

The new proposal is meant to strengthen the demand side by promoting repair in the after-sales phase. The proposal would introduce changes in particular to the Sales of Goods Directive, to that effect that it would prioritise repair as a remedy for non-conform goods whenever repair is cheaper or as costly as a replacement.

In the Parliament, the Committee on Internal Market and Consumer Protection (IMCO) is leading the file, while the Committee on the Environment, Public Health and Food Safety (ENVI) and the Committee on Legal Affairs (JURI) were asked to provide opinions.

On 18 April 2023, IMCO appointed René Repasi (S&D, Germany) as rapporteur for the file. The draft report was presented in committee during the meeting of 17-18 July 2023. IMCO  adopted its report on 25 October 2023, with 38 votes in favour, 2 votes against, and no abstentions. On 21 November 2023, Parliament adopted the report in plenary.

Parliament called on the Commission to grant consumers a “right to repair” by making repairs more appealing, systematic, and cost-efficient, whether by extending guarantees, providing guarantees for replaced parts, or better access to information on repair and maintenance.

Parliament also insisted on increasing support for second-hand goods markets, called for measures to tackle practices that shorten the lifetime of a product, and endorses sustainable production. 

MEPs pushed for more sustainable public procurement as well as responsible marketing and advertising. The adopted text proposed new rules for waste management and the removal of legal obstacles that prevent repair, resale, and reuse.

On 22 November 2023, the Council agreed its negotiating mandate and formalised its position. 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.

On 2 February 2024, the Parliament and the Council reached a provisional agreement. The deal also supports the general objectives of the directive, but introduces some improvements regarding the scope of application, the obligation to repair, the content of the information form, the online platform.

The provisional agreement keeps the scope of the directive to those products for which the EU legislation lays down reparability requirements (i.e. washing machines, dishwashers, refrigerators, or vacuum cleaners). In the future, the Commission can introduce reparability requirements for new products, through the eco-design regulation, which will then be added to the list of products covered by the R2R directive (Annex 2).

The agreement obliges manufacturers to provide information concerning spare parts in their web site, make them available to all parties in the repair sector at a reasonable price and forbid practices that prevent the use of second-hand or 3D printed spare parts by independent repairers.

Manufacturers are asked to make the necessary repairs within a reasonable time and, unless the service is provided for free, for a reasonable price too, so that consumers are encouraged to opt for repair. Consumer mantain the right to choose between repair and replacement for defective products within the liability period of the seller included in the guarantee. If the consumer chooses the repair of the good, the seller's liability period will be extended by 12 months from the moment when the product is brought into conformity. This period may be further prolonged by member states if they so wish.

To cut red tape for repairers, the provision of a European standardised form is optional. However, if repairers provide the form to consumer, 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. 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.

The agreement reached proposes the creation of a European online repair platform designed and operated at European level, instead of 27 national platforms. The aim of the platform is to make available for consumers the different repair services at EU level but also cross borders and in each member state. Therefore, the EU platform will have sections for each member state, with information coming also from national repair platforms, whether public or private. At the same time, national platforms will have the possibility to include information about community-led repair initiatives.

The provisional agreement was endorsed by IMCO on 22 February 2024. On 23 April 2024, the Parliament adopted in plenary the final text of the directive, with 584 votes in favour, 3 against and 14 abstentions. The new rules reinforce the right to repair, aim to reduce waste and bolster the repair sector by making it easier and more cost-effective to repair goods.

On 30 May 2024, the Council adopted the directive. On 13 June 2024, the President of the Parliament and the President of the Council signed the final act. On 10 July 2024, the directive has been published in the Official Journal of the European Union; it entered into force on 30th July 2024. Member states have 24 months from the entry into force to transpose the directive into national law. 

References:

• EP Legislative Observatory, Procedure file on Common rules promoting the repair of goods, 2023/0083(COM)
• Council of the European Union, Circular Economy: Council adopts position on a directive that enshrines consumers’ right to repair, press release, 22 November 2023 
• European Commission, Proposal for a Directive on common rules promoting the repair of goods
• European Economic and Social Committee, Opinion on the Proposal for a Directive on common rules promoting the repair of goods
• European Commission, Commission work programme 2022. Making Europe stronger together, 19 October 2021
• European Parliament, Resolution of 25 November 2020 Towards a more sustainable single market for business and consumers, 2020/2021(INI)
• European Parliament, Resolution of 10 February 2021 on the New Circular Economy Action Plan, 2020/2077(INI)
• European Parliament, Resolution of 7 April 2022 on the right to repair, 2022/2515(RSP)

Further reading:

• European Parliament, EPRS, Promoting the repair of goods, Plenary at a glance, April 2024.
• European Parliament, EPRS, Right to repair, Briefing, January 2022
• European Parliament, EPRS, Consumers and repair of products, Briefing, September 2019
• European Parliament, EPRS, Sustainable consumption: Helping consumers make eco-friendly choices, Briefing, October 2020

Author: Stefano Spinaci, Members' Research Service, legislative-train@europarl.europa.eu