EU agrees new law granting consumers a ‘right to repair’ products

European consumers will have the right to have common household appliances, including mobile phones, repaired, while EU countries will have to produce schemes to boost repair rates according to a new law adopted on Friday (2 February).

In 2023, the European Commission proposed a new law equipping consumers with a right to have their devices repaired – long after the warranty expired.

“With the agreement reached today, Europe makes a clear choice for repair instead of disposal,” said Alexia Bertrand, the Belgian consumer protection state secretary, who led the negotiations on behalf of EU countries. Parliament and EU countries still need to rubber-stamp the agreement – usually a formality.

European Parliament’s lead negotiator, the German centre-left politician René Repasi, said, “In the future, it will be easier and cheaper to repair products instead of buying new, expensive ones.”

Alongside other initiatives, establishing a right to repair was high on the agenda for the EU’s hemicycle. Behind closed doors, lawmakers hope that tangible positive impacts for consumers will endear them to the European public. The law was thus a priority for Parliament.

“This marks a significant success for the European Parliament, which has been vehemently in favour of empowering consumers in the fight against climate change,” Repasi added. 

The European Commission said its original proposal would save some 18 million tonnes of CO2 over 15 years – while saving consumers €176 billion. A mandate for “reasonable” repair fees put forward by Repasi and his co-negotiators will be included in the final text.

The new law will establish an “obligation for the manufacturer to repair common household products like washing machines, vacuum cleaners, and even smartphones.” This list of products can be extended through a secondary law known as the Ecodesign regulation.

Adding smartphones to the list is a form of regulatory pushback against dominant manufacturers like Apple, whose policy of linking software to parts had long blocked traditional shops from repairing their products.

Today, products that are repaired already have their legal warranty extended by two years in countries like Germany – “refreshing” a seller’s liability for flawed goods. The agreement extends this extension by another year.

Other rules to make consumers’ lives easier include: sellers must inform their customers of the right to repair, and they may borrow a substitute during repair – or immediately opt for a refurbished replacement. Online access to indicative repair prices must also be facilitated.

“The new rules will strengthen consumer rights when goods are defective and will make repair more attractive and accessible for consumers,” explained BEUC, the European consumer advocacy watchdog.

Consumers remain free to opt for either repair or just buying a new device, the watchdog added – a principle that EU countries insisted should be included. The European Parliament had initially sought to make reparations obligatory in specific cases. This approach was deleted.

Who won what

An aspect of possible contention with the Council was the ‘concept of significant inconvenience. The option for consumers to borrow a device for the period of repair, which the Parliament supported, remains included in the political agreement. 

The EU Parliament also successfully pushed for reasonable pricing. In November, MEPs mentioned they intend to introduce a rule to ensure a realistic price level.

Parliament’s position also pushed for an additional one-year extension of the legal guarantee for repaired goods, which was retained in the agreement reached.

According to the agreement, EU countries must introduce at least one measure to incentivise consumers for repair services, such as repair vouchers, funds, or VAT reduction.

In November, Repasi argued that if the Council pushes through the cancellation of the hierarchy, the list of incentives for repairs would have to be expanded meaningfully.

With this obligation for member states, Euractiv understands that the Council successfully deleted the hierarchy of remedies. A topic that was expected to be contentious in the negotiations between the EU Parliament and the Council.

EU countries have 24 months to transpose the directive into national law once it has been adopted by the Council and Parliament and published in the EU Official Journal.

[Edited by Alice Taylor]

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