
18 set 2024
The EU Right to Repair Directive, effective from July 30, 2024, aims to make the repair of damaged or defective goods easier, faster, and more affordable.
Manufacturers will be required to repair products even after the two-year legal warranty period, at reasonable costs and within reasonable timeframes.
The directive mandates transparency in repair conditions and prices, and by July 31, 2027, a European platform will be established to help consumers find repair services.
While the directive covers mainly household appliances, smartphones, and tablets, it may expand in the future.
However, challenges remain, such as the lack of a cap on repair costs and the availability of spare parts.
The directive's success will depend on how member states implement it and how the market adapts.
The European Union has taken a significant step towards promoting sustainability and consumer rights with the introduction of the Right to Repair Directive, officially known as Directive 2024/1799.
This directive, which came into effect on July 30, 2024, aims to facilitate the repair of damaged or defective goods, making the process more accessible, quicker, and cost-effective for consumers.
One of the primary objectives of this directive is to ensure that manufacturers are obligated to repair products that are technically repairable under EU law, even after the expiration of the standard two-year legal warranty.
This obligation extends to both defects and wear and tear, and repairs must be carried out at a "reasonable" cost and within a "reasonable" timeframe.
Additionally, if a product is still under the legal warranty, the warranty period will be extended by one year if a repair is requested.
To enhance transparency, manufacturers are required to inform consumers about the products they are obligated to repair through a standardized form that clearly outlines the conditions and prices.
By July 31, 2027, a European platform, complete with national channels, will be established to help consumers locate repair services, sellers of refurbished goods, buyers of defective items, and repair cafés.
Member states have a 24-month window to incorporate this directive into their national laws.
While there are no immediate actionable rights for consumers, the hope is that countries will act swiftly and decisively in implementing these new regulations.
The directive currently covers a range of products, including household appliances, smartphones, and tablets, but there is potential for this list to expand in the future.
Despite the positive strides made by the directive, there are notable limitations.
For instance, many products such as printers, stereo headphones, laptops, irons, toasters, and coffee machines are not currently included.
Ugo Vallauri, co-founder of Right to Repair Europe, which represents over a hundred organizations from 21 European countries, emphasizes the need to expand the directive's scope to include these items.
Vallauri also points out that the directive does not set a maximum limit for repair costs or spare part prices, only referring to "reasonable" costs.
The directive attempts to address pricing issues by requiring states to map repair services and introducing a voluntary form to help consumers compare prices.
Additionally, it aims to curb the use of software that blocks the use of second-hand or third-party spare parts.
Giovanna Capuzzo, vice president of Federconsumatori, highlights other areas where the directive could have been more robust.
She suggests that making it mandatory for repairers to provide the European repair information form for free, offering free diagnostic services for repairs, and requiring the provision of a replacement product during the repair period would have been beneficial.
Capuzzo also advocates for mandatory registration of repairers on the online platform.
The practical implementation of the directive will largely depend on how it is adopted by member states and how the market responds.
Davide Rossi, director general of Aires (Italian Association of Specialized Household Appliance Retailers), views the directive as an opportunity for retail businesses to evolve into service centers, benefiting the economy, environment, and job market.
Aires has been involved in the directive's development and is prepared to collaborate with the Ministry of Economic Development for its implementation.
Rossi emphasizes the importance of making spare parts available at cost price and providing tax incentives for businesses that become repair centers, such as reduced VAT on repair costs and support for training.
Ugo Vallauri notes that the directive encourages countries to introduce repair incentives, similar to Austria's bonus of up to 50% of repair costs and France's repair incentives.
The repair sector is also hopeful for proactive government action.
According to Confartigianato, there are 68,000 auto repair businesses, 106,000 installation companies, 3,900 household appliance repair businesses, 12,000 tailoring shops, and 3,000 watch repair businesses in Italy.
Marco Granelli, president of Confartigianato, sees the directive as an opportunity to revitalize small independent repair businesses.
He advocates for independent repairers to operate under the same conditions as authorized ones, with access to all spare parts, tools, and technical information provided by manufacturers.
Granelli hopes that the final implementation of the directive will clarify access to spare parts, introduce consumer incentives for choosing repairs, and ensure that the repair platform does not create additional administrative burdens.
The responsibility for implementing the directive lies primarily with the government, but the issue of repair is also important to the opposition.
Elena Sironi, a senator from the M5S party and a member of the Environment Commission, notes that in the previous legislature, there was a bill on the right to repair, and efforts to advance it continue with various amendments.
With the support of the directive, Sironi plans to increase pressure on the government to act on its implementation.
Critical Aspects and Potential Issues:
1. Scope of Products: The directive currently excludes many common electronic devices and household items, which could limit its overall impact.2. Cost and Availability of Spare Parts: The lack of a defined cap on repair costs and the availability of spare parts could pose significant challenges.
3. Implementation and Adaptation: The success of the directive will depend heavily on how member states implement it and how the market adapts to the new regulations.
Common Pitfalls and Errors:
1. Misinterpretation of "Reasonable" Costs: Without clear guidelines, what constitutes "reasonable" costs could vary widely, leading to potential disputes.2. Inadequate Consumer Awareness: Consumers may not be fully informed about their new rights and the available repair options.
3. Administrative Burdens: The establishment of the repair platform and other administrative requirements could create additional burdens for small businesses.
Suggestions and Useful Tips:
1. Clear Guidelines: Establish clear guidelines for what constitutes "reasonable" costs and timeframes for repairs.2. Consumer Education: Implement comprehensive consumer education campaigns to inform the public about their new rights and available repair services.
3. Support for Small Businesses: Provide support and incentives for small repair businesses to help them adapt to the new regulations and thrive in the evolving market.
By addressing these critical aspects and potential issues, the EU Right to Repair Directive can pave the way for a more sustainable and consumer-friendly future.