As technology continues to advance at an unprecedented rate, manufacturers are increasingly challenged to balance innovation with sustainability. The Right to Repair Directive (R2RD) just came into force on July 30th. It amends the Sale of Goods Directive from 2019 and has significant implications for businesses. Initially proposed by the European Commission in March 2023 (please see our blog post on the proposal here), the R2RD addresses the prevailing trend to replace instead of repair defective products. To counteract this, the R2RD ensures that more products are repaired within the legal warranty period and provides consumers with more affordable and accessible repair options after the warranty expires. Consequently, manufacturers will need to implement significant changes throughout the product lifecycle, from initial design to post-sales services, to comply with the new requirements.
Obligations for manufacturers and other economic operators
Under the R2RD, consumers can demand certain products to be repaired within a reasonable timeframe and price range. Here are the key specifics:
- Liability of the seller during the warranty period: According to the Sales of Goods Directive, during the two-year statutory warranty period, sellers must repair defective goods free of charge if the repair costs the same or less than a replacement. The R2RD amends this by extending the statutory warranty period by 12 months if a consumer opts for a repair under the goods purchase warranty law. Consumers retain the right to choose between repair and replacement. Sellers are responsible for informing consumers of these options before undertaking any repair work.
- Manufacturer's obligation to repair regardless of product conformity and warranty period: Manufacturers are the addressees of the repairability requirements and must repair products upon the consumer’s request either directly or through a subcontractor. The manufacturer's obligation to repair covers all defects, including those not related to product non-conformity, and applies regardless of the warranty period. However, with regard to defects due to the non-conformity of a product, it should typically only be invoked after the warranty period has expired. The repair needs to be free of charge or reasonably priced and must be completed within a reasonable period. There is, however, no obligation where repair is impossible. Manufacturers may not use any contractual clauses, hardware, or software techniques that impede repairs. In particular, Manufacturers must not impede the use of original or second-hand spare parts, compatible spare parts and spare parts obtained via 3D-printing from independent repairers.
- Provision of repair information: Manufacturers must provide repair-related information free of charge including estimated costs, details of available repair services, and a list of products not covered by the right to repair (i.e., products that consumers must repair themselves).
- Availability of spare parts and tools: Manufacturers must provide access to spare parts, repair and maintenance information or any repair related software tools, firmware or similar auxiliary means at reasonable prices.
- Manufacturers, importers, and distributors addressed: Not only manufacturers are addressed by the R2RD. It also refers to other economic operators where the manufacturer is established outside the EU, specifically authorised representatives, importers, and distributors.
- Wide range of products: The R2RD applies to products with existing repairability requirements under EU law. Examples of such products include washing machines, refrigerators, electronic displays, and vacuum cleaners. The European Commission may add further categories in the future.
Introduction of a European Repair Information Form
Regardless of the obligation to repair for manufacturers, consumers are free to seek repair from any repairer of their choice. In order to facilitate the consumer’s free choice to decide who should carry out the repair and to help identify and choose suitable repair services, the R2RD introduces the European Repair Information Form – a tool designed to enhance transparency and comparability in the repair market. By standardizing the presentation of repair offers, the form enables consumers to easily compare different repair options. The conditions of repair outlined in the form are valid for at least 30 days and become binding upon acceptance by the consumer.
Introduction of an online platform for repair
Another tool introduced by the R2RD to enhance repair processes is the European online platform for repair. It is designed to streamline access to repair services across the continent. This platform serves as a comprehensive directory where consumers can find repair providers, compare service offers, and access essential repair information. By consolidating repair options in one easily accessible location, the platform aims to promote transparency and competition, making it simpler for consumers to find affordable and reliable repair services. By the end of July 2027, the Commission aims to develop a common online interface for the platform consisting of national sections.
Next steps for manufacturers
The Member States will have to adopt the R2RD until July 2026 including penalties applicable to infringements of the provisions. In response to the R2RD, manufacturers will consider several strategic adjustments to comply with the new regulations. Key steps could include redesigning products to enhance repairability, ensuring the availability of spare parts at reasonable prices, and providing comprehensive repair information. Additionally, manufacturers could integrate repair services into their post-sales support either by offering own repair services or by sub-contracting repairers. Manufacturers could also evaluate potential impacts of the 12-month extension of the statutory warranty period, should consumers opt for a repair within the first two years.
