The EU Council is ready to begin negotiations with the European Parliament on the directive proposed last March to introduce common rules guaranteeing consumers an effective right to have defective products repaired after the sale, during and beyond the two-year legal guarantee, in order to save resources and promote a repair market (see EUROPE 13147/7).
The EU Council reached political agreement (‘general approach’) on this European Green Deal proposal on Wednesday 22 November, the day after the European Parliament voted on it and adopted its position (see EUROPE 13297/3).
In its mandate, the EU Council endorses the general aim of the directive, which is to encourage consumers to have defective products repaired rather than replaced, but it clarifies the obligations of manufacturers, limits the obligation to provide information on repair services to those who are legally obliged to repair and endeavours to limit bureaucracy.
Under this mandate, manufacturers will be obliged to carry out repairs within a reasonable time and at a reasonable price, unless the service is provided free of charge. This is to ensure that consumers are not deterred from exercising their rights.
A single online repair platform. Instead of the 27 national platforms provided for in the proposal, the EU Council advocates a single European online repair platform, designed and managed at European level, to improve accessibility and facilitate cross-border services. However, Member States will be able to maintain existing national platforms or create new ones if they meet the conditions of the directive.
European repair form. In order to cut red tape for small repairers, only those who are legally obliged to repair will be required to provide the standardised European repair form on request. For all other repairers, submission of the form will be optional. If repairers supply the form, the conditions set out in this document will be binding. The form should be provided free of charge, but the consumer may be asked to pay the cost of the diagnostic service. The key information included in the form will be valid for 30 calendar days, but the consumer and the repairer may agree to extend this period.
Freedom of choice during the legal warranty period. During the seller’s liability period (the 2-year legal guarantee), the EU Council maintains the consumer’s right to choose between repair and replacement of defective products. In the event of repair, the seller’s liability period will be extended by six months. Member States are free to extend this period if they want to.
The seller must inform the consumers of their right to repair or replace the product and of the extension of the liability period in the event of repair.
In addition, the EU Council wants to extend the deadline for transposing the directive into national law by giving companies a further six months to adapt to the new requirements.
As a reminder, this future directive will complement the proposal for a directive on ‘Empowering Consumers in the Green Transition’ to encourage sustainable purchasing choices through a right to information on the lifespan and reparability of products and by combating premature product obsolescence - a text on which the European Parliament and EU Council have reached agreement (see EUROPE 13280/32).
To see the EU Council’s general approach: https://aeur.eu/f/9ot (Original version in French by Aminata Niang)