Circular economy

Broken mobile phone or fridge? Here comes the EU breakthrough: when the right to repair is triggered

New rules to be transposed by 2026 come into force on 30 July. Aimed at facilitating rehabilitation, but the issue of access to spare parts remains

12 August 2024

technician in goggles with screwdriver repairing mobile phone at workplace in private workshop

5' min read

The dishwasher that does not drain the water, the failure of the fridge thermostat or the smartphone camera. Especially if the inconvenience happens after the warranty has expired, thoughts turn to buying a new product, not to repairing it. Even if one wants to, one is often told that repair is not possible because it costs too much or spare parts are not available.

With EU Directive 2024/1799, which came into force on 30 July last year and which enshrines the right to the repair of damaged or defective goods, a new chapter opens. The aim is to make the repair of products easier, faster and cheaper. Manufacturers are obliged to repair - both in the case of a defect and in the case of wear and tear - products that are technically repairable according to EU law even after the two-year statutory warranty period has expired. This must be done at a 'reasonable' price and always within a 'reasonable' timeframe. If the good for which repair is sought is still under legal warranty, it will benefit from a one-year extension. Producers will have to inform consumers about the products they are obliged to repair by means of a form making conditions and prices transparent. Finally, a European platform, with national channels, must be in place by 31 July 2027 to enable consumers to find repairers, sellers of reconditioned goods, buyers of defective goods, repair cafés.

Member States have 24 months to transpose the directive. For consumers there are no immediate repercussions or enforceable rights. The hope of consumers, however, is that countries will be quick and incisive in transposition.
The products covered by the directive are mainly household appliances, smartphones and tablets, but the list may be extended in the future.

The limits of European rules

"Many products, such as printers, stereo headphones, laptops, irons, toasters and coffee machines, are not included among the goods impacted by the directive today: we will fight for them to be so in the future," explains Ugo Vallauri, co-founder of Right to Repair Europe, which represents more than one hundred organisations from 21 European countries. "The directive does not indicate an upper limit for repair costs and spare parts prices. It only talks about 'reasonable' costs'. Vallauri explains that the directive tries to affect prices in other ways, "by asking states to map repair services and by introducing a voluntary form to help consumers compare prices. In addition, for the first time it starts to curb the use of software to block the use of second-hand or third-party spare parts'.

Giovanna Capuzzo, vice-president of Federconsumatori, identifies other aspects where the directive could have gone further: "It would have been important to introduce an obligation and not an option for repairers to provide the European repair information form free of charge; to make the possible diagnostic service free of charge for the purpose of repair; and to establish an obligation to provide a replacement good for the duration of the repair. Finally, make it compulsory for repairers to register with the online platform'.

Discounts and access to spare parts

On a practical level, much will also depend on how the directive will be transposed in Italy and how the market will adapt to the new rules. Davide Rossi, Director General of Aires (Italian Association of Specialised Household Appliance Retailers) explains: 'Retail companies are looking at the directive as a further development of their business, to become service centres and not just sellers. Opening up the repair market will benefit the economy, the environment and jobs, spread evenly across the territories'. Aires has followed the directive from the outset and is ready to work with Mimit on its transposition; according to Rossi, it will insist on two points: "The availability of spare parts at cost price and tax incentives for companies that take steps to become repairers, for example with reduced VAT on the cost of repairs and support for training". Vallauri of Right to Repair Europe points out, among other things, that "the directive invites countries to introduce repair incentives as is the case in Austria, where the bonus is up to 50 per cent of the repair cost, and in France".

The repair sector is also hoping that the government will be proactive. According to Confartigianato, there are 68 thousand companies in car repair, 106 thousand in system installation, 3,900 in home appliance repair, 12 thousand in tailoring and 3 thousand are watch repair workshops. "This opens up the prospect of relaunching the activity of small independent repairers," explains Marco Granelli, president of Confartigianato. "For years we have been asking for independent repairers to be able to operate under the same conditions as authorised repairers, with the right to access all spare parts, tools and technical information provided by manufacturers." Granelli explains that in the initial text of the proposal the EU Commission eliminated these barriers. In the end, however, the approved text remains ambiguous on access to spare parts. "We hope that during the transposition phase this passage will be clarified," he concludes, "that relief will be introduced for consumers who choose to repair, and that tools such as the repair platform will not result in new administrative burdens.

Transposition will primarily be in the hands of the government. But the issue of reparation is also close to the heart of the opposition. "In the last legislature we had a bill signed by Ilaria Fontana on the right to reparation; in this one we have tried to take it forward with several amendments. Now, with the support of the directive, we will increase the pressure on the government to take action on its transposition,' stresses Elena Sironi, M5s senator in the Environment Committee.

The KEY POINTS

TIME AND PERIMETER

Reception in 24 months
Once the directive is transposed (within 24 months from 30 July), consumers will have more protection and will find a market - if supervised and adhered to - that will offer more transparent and accessible repair services.

These products included: washers, washers, dryers, dishwashers for domestic use, refrigeration appliances, electronic displays, welding equipment, dispersersers, servers and storage products, phones and tablets, goods incorporating batteries for light transport vehicles.

INSTRUMENTS

Rights beyond warranty
The right to repair will be offered even after the warranty period has expired.

The consumer will be able to choose who to entrust the repair to, and can then benefit from an additional year's warranty if the good was still under warranty.

The customer will be able to access useful information, in the case of repair, from the manufacturer and - thanks to the Europe module or information - will know what costs and time are involved.

The consumer, thanks to the European online platform (active by 31 July 2027) will be able to find the nearest and most suitable repairer.

RIGHTS

Stop the refusal to fix
Manufacturers will have to make available information, spare parts and tools necessary for repair work for both consumers and professional repairers.

The manufacturer may no longer refuse to repair a product for purely economic reasons.

In cases where repair is impossible, the manufacturer may offer the consumer a refurbished good.

The manufacturer will no longer be allowed to include hardware or software systems that prevent repair in products.

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