EU Proposal for a Right to Repair Directive

EU

Governmental Agency: European Commission
Jurisdiction: European Union
Ref no: 2023/0083 (COD)
Status: IN REVIEW

In March 2023, the European Commission published its proposal for a Directive on Common Rules Promoting the Repair of Products. The aim is to ensure that more products are repaired within the legal guarantee, and that consumers have easier and cheaper options to repair products that are technically repairable (such as vacuum cleaners, or soon, tablets and smartphones) when the legal guarantee has expired or when the good is not functional anymore as a result of wear and tear.

The Directive proposes measures for products by within and beyond the legal guarantee. Within the legal guarantee, it proposes that sellers be required to offer repair except when it is more expensive than replacement. Beyond the guarantee, the Directive proposes:

- A right for consumers to claim repair to producers, for products that are technically repairable under EU law;
- A producers' obligation to inform consumers about the products that they are obliged to repair themselves.
- An online matchmaking repair platform to connect consumers with repairers and sellers of refurbished goods in their area.
- A European Repair Information Form which consumers will be able to request from any repairer, bringing transparency to repair conditions and price, and make it easier for consumers to compare repair offers.
- A European quality standard for repair services will be developed to help consumers identify repairers who commit to a higher quality.

In July 2023, the EU Council adopted its proposal opinion, encouraging in particular a Directive that supports the secondary-hand materials & products market. In November 2023, MEP's approved the amendments proposed by its Economic and Social Committee key relevant changes. Trilogue negotiations will now commence.

  • While the proposal does not identify textiles as in scope, due to the repairability of textiles and the need to keep products in use for longer to reduce environmental impact, there is the potential that some or all measures will be applied to consumer textiles products.

    If this were a requirement, it would likely necessitate businesses designated as producers to implement repair processes and systems in line with Directive requirements such as repair locations/systems for product take-back, quality standards etc.

  • On February 2, 2024, the Council and the European Parliament reached a provisional agreement on the proposal, which now must be formally adopted by both institutions.

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