Filenews 26 August 2024
Incentives are prepared for consumers (vouchers, subsidies, etc.) to repair rather than replace products.
The European Parliament has adopted the Directive on the "right of consumers to repair" and will gradually start the process of transposition by Member States, which addresses problems such as excessive repair costs through transparent pricing of spare parts, strengthens an open repair ecosystem and tackles unfair anti-repair practices by manufacturers.
The repair is expected to help the objective of sustainable consumption by reducing the waste generated by the disposal of goods and reducing the demand for resources, including energy, caused by the process of manufacturing and selling new products replacing defective goods, as well as greenhouse gas emissions.
It is recalled that between repair and purchase of a new good, an important role is played by repair costs, durability, availability and proximity of the repair service, as well as the time required for repair. Therefore, today it seems easier to replace rather than repair defective products, as consumers have insufficient incentives to repair their products after the legal guarantee expires.
It is noted that the right of consumers to repair concerns products such as washing machines and dishwashers, clothes dryers, vacuum cleaners, telephones, computers and tablets and goods containing batteries of light means of transport, but the aim is to extend it to other products in the future as the directive states that "in order to reap its full benefits, it should apply to all goods".
The main axes of the Directive with the rules for easier and faster repairs are as follows:
• Obligation of manufacturers to repair their products at reasonable prices and within a reasonable time after the expiration of the legal warranty. On the warranty period, in order to encourage consumers to choose repair, the liability period is extended by 12 months, which should be added to the remaining period of liability for the good. That extension should apply once. However, Member States could provide further incentives for repair by providing for additional extensions of the seller's liability in case of a new repair. Member States could also adopt or maintain rules extending the liability of the seller in case of repair for periods longer than 12 months.
• Consumer access to spare parts, tools and technical information. Consumers will be able to find out in a special form the price and time required for each repair service depending on the fault detected, so that they can evaluate and compare these services.
• Incentives for product repair, e.g. vouchers and subsidies. As stipulated, Member States should take at least one measure to promote repair. Such measures could be of an economic or non-economic nature. Non-financial measures could include information campaigns or support for repair initiatives of local communities in direct ways, such as providing spaces for repair workshops or meetings, for example in community or cultural centres. Economic measures could, for example, take the form of repair vouchers, repair funds, support or the creation of local or regional online repair platforms, organisation or financing of training programmes for the acquisition of specific repair skills or fiscal measures.
• In order to support consumers and incentivise repair, the seller should, depending on the specificities of the category of goods concerned, lend the consumer a replacement good free of charge if the repair was not completed within a reasonable time or without significant inconvenience to the consumer. This replacement good could also be refurbished good. In addition, the seller should still undertake the repair within a reasonable time. The provision of borrowed goods throughout the repair period may prevent significant inconvenience to the consumer, but may not justify an excessively long repair period. In addition, if replacement is chosen as a remedy and at the consumer's request, the seller could provide the consumer with refurbished goods.
Online platforms will help consumers find shops offering repairs and refurbished products. In more detail, the Commission will set up a free European online platform for repairs. The European online platform should consist of national sections and be able to host, where appropriate, sellers of refurbished goods, buyers of defective goods to be refurbished or complementary means, such as local community repair initiatives.
• Manufacturers will be required to offer spare parts and tools at reasonable prices and will be prohibited from using contractual clauses, hardware and software that prevent repairs. In particular, they will not be able to prevent the use of used or 3D printing parts by independent repairers, nor will they be able to refuse to repair a product solely for economic reasons or because the product has previously been repaired by someone else.
