On Wednesday 25 October, the members of the European Parliament’s Committee on the Internal Market and Consumer Protection (IMCO) voted in favour of common rules to promote an attractive right across the EU to repair defective products during and beyond the two-year legal guarantee, and to encourage a market for independent repairers. In doing so, they set out their position on the March 2022 proposal for a directive (see EUROPE 13147/7).
The report by René Ripasi (S&D, German) (see EUROPE 13225/12), as amended, was adopted by a very large majority (38 in favour, 2 against, no abstentions). The text voted on represents a compromise between encouraging sustainable consumption and the need to take into account certain constraints linked to the availability or non-availability of spare parts and the cost of repairs.
Under the legal guarantee, in the event of a defective product, sellers would be obliged to offer a free repair, except where repair proves more expensive than replacement with a new product, or where repair is impossible or inconvenient for the consumer.
To encourage consumers to make repairs, the legal guarantee would be extended by one year for repaired goods.
Member States should also provide financial incentives such as vouchers or the setting up of national repair funds.
In addition to the legal guarantee, this directive would apply to all products covered by the future ‘Ecodesign for Sustainable Products’ regulation (products listed in the annex to the future directive, such as washing machines, hoovers and smartphones), but MEPs have extended the scope to include bicycles, which are not covered by this legislation but are repairable.
Repairs should be carried out “within a reasonable time” (and not within 15 working days as the rapporteur initially wanted) and, during the repair period, manufacturers should offer replacement appliances on loan to consumers.
The repair form would be optional in order to avoid excessive bureaucracy for SMEs.
If the product cannot be repaired, producers could offer a refurbished product.
To encourage a more transparent and competitive repair market, independent repairers, refurbishers and end-users would have access to all spare parts and information at a reasonable cost throughout the life of a product.
National online platforms would enable consumers to find local repairers (e.g. ‘repair cafés’) and sellers of refurbished products. Consumers will also be able to get an overview of the repair conditions for each appliance, including information on the repairer, the maximum price and the time required, and can then compare the different offers.
“This legislation is eagerly awaited by consumers. It shows how consumers can contribute to the fight against climate change and to the transition towards a circular economy”, said Mr Ripasi to the press.
The European Parliament will vote at its plenary session from 20 to 23 November.
The EU Council has not yet reached a decision, but the Spanish Presidency hopes that it will be able to adopt a position in November.
See the compromise amendments voted: https://aeur.eu/f/98n (Original version in French by Aminata Niang)