European Commission publishes proposal for right to repair
After some delay, the European Commission has adopted a proposal for the right to repair. The proposal should make repairing items cheaper and easier for consumers. It still has to be approved by the European Parliament, among others.
The European Commission writes about the proposal“The proposal will make it easier and more cost-effective for consumers to have goods repaired, rather than replaced. In addition, increased demand will boost the repair industry while encouraging manufacturers and sellers to develop more sustainable business models.” Among other things, it should lead to less waste.
The Commission believes that this proposal will result in more products being repaired within the warranty period and that it will become more attractive for consumers to have products repaired without a warranty. The new ‘right to repair’ applies both within and outside the statutory warranty period. Within the warranty period, sellers must offer repair, unless it is more expensive than replacement.
Outside the statutory warranty period, consumers are given a number of new rights and instruments. The Commission argues that this will make repair an easier and more accessible option. For example, consumers will soon have the right to demand that manufacturers repair products that are technically repairable according to EU legislation, such as washing machines and televisions. Furthermore, manufacturers have the obligation to inform consumers about the repair options. There will be an online repair platform to connect consumers with repairers and sellers of repaired goods in their area. Consumers will soon be able to request a European repair information form from any repairer, so that repair conditions and prices become more transparent and price comparisons become easier. Finally, there will be a European quality standard for repair services.
The proposal has been criticized. Rreuse, an international network for social enterprises in the circular economy, among others, argues that the repair right needs a repair, because affordability will not improve. Reuse states that the plan is not very ambitious and does not fundamentally change anything about ‘the increasing monopoly on repair by manufacturers’. The organization believes that this monopoly hinders fair competition with independent repairers and social enterprises active in renovation. As a result, the possibility of reuse and repair would not necessarily become more accessible and affordable for everyone. Right to Repair Europe says that the repair right outside the warranty will only apply to too small a number of cases and there would be no clarity as to who should determine whether a repair is more affordable than a replacement. Furthermore, the potential of independent repairers would not be used and in that sense there is no universal right to repair.
It is still a Commission proposal. That means that the European Parliament still has to consider it and that also applies to the Council. The proposal is a directive, so ultimately member states must also transpose it into national law.