EU consumers get extended right to repair common household products.

What's the issue?

The European Commission (EC) launched the European Green Deal in December 2019. This included a wide-ranging legislative agenda intended to help the EU reach climate neutrality by 2050. Many of the measures are aimed at making products more sustainable and reducing waste, both business and consumer. In March 2020, the EC announced a new circular economy action plan which was followed in November 2020 by the launch of the New Consumer Agenda. As part of these initiatives, the European Commission proposed a new Directive on common rules promoting the repair of goods – know as the Right to Repair Directive (R2RD).

What's the development?

Provisional political agreement was reached by the EU institutions on the R2RD on 2 February 2024. The Directive now moves to formal adoption before publication in the Official Journal. Member States will then have two years to introduce implementing legislation.

The R2RD is intended to facilitate repair of (initially) household consumer products like phones, washing machines and vacuum cleaners, and to encourage consumers to opt for their repair rather than replacement when something goes wrong with them.

Key features of the Directive include:

• A new right to repair for consumers both within and beyond the legal guarantee period. This will not take away the right of the consumer under existing EU legislation to choose between repair and replacement while a product is within its guarantee period.

• Manufacturers are required to conduct repairs within a reasonable time and (unless the repair is free) for a reasonable price.

• An extended guarantee of one year after a product has been repaired.

• A requirement on manufacturers to publish information about their repair services, including indicative information on the most common repairs.

• Options for consumers to borrow products while theirs are being repaired.

• A prohibition on contractual or technological measures (through hardware or software) which prevent the use of second-hand, compatible and 3D printed spare parts by independent third party repairers (in line with applicable laws – presumably this will include intellectual property rights).

• An obligation on Member States to introduce at least one measure to promote repair – this might include repair vouchers or funds.

• A European repair platform to help consumers access repairers, whether in their own Member States or cross-border. Repairers will be able to advertise their services on the platform.

• The introduction of an optional standard European repair information form. If this is used, it must be provided free of charge and the terms on the form will be binding. The information on the form is binding for 30 days but the consumer and repairer may extend the period by mutual agreement.

What does this mean for you?

Once the implementing legislation comes into effect, this will be a further area of divergence between the UK and EU consumer protection regimes. Cross-border UK manufacturers will need to understand their obligations in all jurisdictions in which they operate.