Right to Repair Directive

Introduction

Directive (EU) 2024/1799, commonly known as the Right to Repair Directive, establishes common rules to promote the repair of goods purchased by consumers. It amends Regulation (EU) 2017/2394 and Directives (EU) 2019/771 and (EU) 2020/1828. This legislation is a cornerstone of the European Green Deal and the Circular Economy Action Plan, aiming to reduce premature disposal of viable goods, lower waste, and save resources.

Main Goal

The primary objective is to boost the repair market and prolong the useful life of products. It achieves this by imposing obligations on manufacturers to repair goods outside the legal guarantee period and by incentivizing consumers to choose repair over replacement within the legal guarantee period.

Who It Applies To

This Directive applies to:

• Manufacturers: Both EU-based and non-EU manufacturers (via authorised representatives or importers) placing products on the EU market.
• Sellers/Retailers: Regarding their obligations under the legal guarantee.
• Repairers: Independent repairers, manufacturer-affiliated repairers, and refurbished goods sellers.
• Member States: Required to establish online platforms and transpose rules.

Key Dates

• Entry into Force: 30 July 2024.
• Transposition Deadline: Member States must adopt national laws by 31 July 2026.
• Application Date: Measures apply from 31 July 2026.
• Sales Contracts: Amendments to the Sales of Goods Directive (legal guarantee extension) apply to contracts concluded after 31 July 2026.

Exemptions

• Manufacturers are exempt from the obligation to repair if repair is factually or legally impossible.
• The specific obligation to repair applies only to goods listed in Annex II (goods with existing repairability requirements under Union law).

Key Provisions

1. Manufacturer's Obligation to Repair: Outside the legal guarantee, manufacturers must repair goods listed in Annex II upon consumer request for a reasonable price or for free.
2. European Repair Information Form: A voluntary standardised form for repairers to provide quotes (price, duration) to consumers, binding for 30 days if issued.
3. Online Repair Platform: Creation of a European online platform (with national sections) to help consumers find repairers.
4. Amendment to Legal Guarantee: If a consumer chooses repair over replacement to remedy a defect under the legal guarantee, the liability period is extended by 12 months.

Obligations & Requirements

• For Manufacturers:
  • Must repair Annex II goods (e.g., washing machines, phones) unless impossible.
  • Must make spare parts and tools available at a reasonable price that does not deter repair.
  • Prohibited from using contractual clauses or hardware/software techniques (e.g., serialization blocks) that impede independent repair, unless justified by IP protection.
  • Must publish information on repair services and indicative prices.
• For Sellers:
  • Must inform consumers of their right to choose between repair and replacement and the subsequent guarantee extension.

Affected Products (Annex II)

The obligation to repair currently applies to:

• Household washing machines and washer-dryers
• Dishwashers
• Refrigerating appliances
• Electronic displays
• Welding equipment
• Vacuum cleaners
• Servers and data storage products
• Mobile phones, cordless phones, and slate tablets
• Household tumble dryers
• Goods incorporating light means of transport batteries (e.g., e-bikes)

Penalties

Member States are required to lay down rules on penalties for infringements of national provisions adopted pursuant to this Directive. These penalties must be effective, proportionate, and dissuasive.