EU Parliament adopts right to repair and ecodesign law

With a large majority of 584 votes to 3 and 14 abstentions, the EU Parliament adopted the draft directive for a right to repair on Tuesday. The new entitlement applies to products for which EU law already contains repair requirements based on the ecodesign approach. These include smartphones, tablets, servers, monitors, washing machines, dryers, dishwashers, refrigerators and welding equipment, and soon also vacuum cleaners.

MEPs wanted to extend this list to include bicycles, for example, but the EU countries were against this and ultimately prevailed. The directive obliges sellers to offer repairs if products fail during the statutory two-year warranty period. The warranty is then extended by one year. However, if consumers opt for a replacement offer, they will again benefit from the statutory warranty period of two years.

Manufacturers will be obliged to provide public information about their repair services. In particular, they must also state the approximate cost of the most common repairs. Original parts for technically repairable devices must be provided at a reasonable price. The legislators also prohibit manufacturers from making repairs more difficult contractually, technically or through software settings, for example by hindering the use of used, compatible or 3D-printed spare parts by independent repair shops.

Each member state must also introduce at least one measure to promote repairs, such as vouchers, courses, information campaigns or a reduction in the VAT rate on repair services. In Germany, there are repeated calls for the introduction of a nationwide repair bonus for electrical appliances based on the example of Thuringia.

Ecodesign with a digital product passport and repair index

The EU Commission hoped that its original proposal in March 2023 would save consumers money, promote the circular economy and bring the goals of sustainable consumption and the Green Deal closer by reducing e-waste. The Right to Repair Europe alliance speaks of a "leap forward", but one that does not go far enough. The elected representatives were also very supportive of the new Ecodesign Regulation, which is intended to promote the reparability of products in the manufacturing phase, longevity and recycling. The requirements take into account practices related to premature planned obsolescence. MEPs want to prevent a product from becoming non-functional or less efficient due to design features, unavailability of consumables and spare parts or a lack of software updates, for example.

In future, only products that have been manufactured in a resource-saving, durable and energy-efficient manner will be placed on the internal market. The regulation applies to almost all categories of goods, such as dishwashers, televisions, telephones, laptops, windows and chargers. Cars, for example, are excluded if they are already subject to relevant regulations in other laws. Basic performance requirements are laid down, which the EU Commission is to define for specific product groups. There are also helpful tools for purchasing decisions, such as a digital product passport. This is intended to provide information about the sustainability of goods, for example via a QR code. A new ecodesign label and a reparability index will also become mandatory. The directive, which is to be implemented within two years, and the directly applicable regulation will come into force in the second quarter following publication in the EU Official Journal.

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