EU manufacturers obliged to make product repair accessible

Protection of the environment and consumers, particularly in the electronics sector, with accessible and more convenient repairs and with the abandonment of a system based on 'disposable' practices. A mix of objectives that the European Union has put at the heart of Directive 2024/1799 on common rules promoting the repair of goods and amending Regulation 2017/2394 and Directives 2019/771 and 2020/1828, published in the Official Journal of the European Union, L series, on 10 July.
There are more than 35 million tonnes of repairable waste products that constitute "a serious threat to the environment" and are a sign of unsustainable consumption. Hence the decision to intervene with precise obligations for companies, including small and medium-sized enterprises, and with the affirmation of rights for consumers who are facilitated in their choice of repair services both during and outside the warranty period.
The EU act starts, in addition to the realisation of the circular economy, from a request by European citizens who, with a percentage of 77%, according to a 2020 Eurobarometer survey, indicated that they would rather repair their own products than buy new ones. Sometimes the choice is forced because of the high cost of repairs, lack of services and obsolescence, with companies designing certain products to work only for a certain time.

It has taken ten years, various proposals by the European Commission, divisions in the Council and among MEPs to arrive at an agreed text. It will certainly put a burden on manufacturers, but it will also have a positive effect on the repair sector by stimulating this new business.
Directive 2024/1799 sets out common functional rules for repair, leading to the repeal of domestic rules diverging from the new provisions, and stipulates that the new rules shall apply to goods purchased by consumers in cases where a defect in the good appears outside the seller's liability.
Article 5 specifies the repair obligations and provides that the manufacturer shall repair the goods listed in Annex II at the request of the consumer, including, if necessary, by subcontracting the activity.

The repair must be provided free of charge or at a reasonable price, must be carried out within a reasonable time after delivery, and, in cases where repair is impossible, the manufacturer must provide a reconditioned good. Bearing in mind that it is mainly the electronics sector that is affected, the directive provides that in cases where the manufacturer is established outside the EU space, it will be up to his authorised representative in the EU to carry out the repair or to the importer or distributor. In order to stop obsolescence as a sales strategy, the directive requires manufacturers not to use contractual clauses or hardware or software technologies that prevent the repair of Annex II goods except in cases where there are legitimate or objective factors.This is without prejudice to the possibility for the consumer to choose another repairer. In any event, repairers will have to provide the European information form contained in Annex I to the Directive.

Among the new features is the establishment of a European online platform for repairs that will enable consumers to find repairers or sellers of refurbished goods. By 31 July 2027, the Commission will have to set up the online interface available in all EU languages and by 31 July 2026, states will have to inform the Commission of their national contact points.
Small and medium-sized enterprises are not excluded from the directive, although the European Commission will have to adopt guidelines to support them in fulfilling the new obligations.
States will also have to take action by setting up the new sanctions framework with effective, proportionate and dissuasive measures, notifying the Commission.
The directive will have to be transposed by 31 July 2026.