The passage to the European Council is still formally missing but the right to repair has overcome the most important obstacle and is ready to become law. The European Parliament approved the directive (text here) on 23 April with 584 votes in favor, 3 against and 14 abstentions. In the same session, the text was also approved of Ecodesign: two steps forward towards the realization of Green Deal, the package of strategic initiatives with which the European Union wants to make our society and our economy more environmentally sustainable. Ecodesign focuses on clothing, the right to repair on consumer goods.
Environmental and economic benefits
According to data collected by the European Commission, European citizens lose an amount equal to 12 billion euros every year to replace products and devices instead of repairing them. On the environmental front, the consequences are equally important: the premature disposal of these goods produces 261 million CO2 equivalent emissions, consumes 30 million tons of resources and generates 35 million tons of waste every year. The right to repair aims to reduce all these numbers with a series of indications that are aimed first and foremost at producers.
What the legislation provides
First of all, what types of products does this rule involve? We talk about “consumer goods» as defined in EU Directive 771 of 2019. It is therefore subject to the right to repair «any tangible movable property» and «any tangible movable property that incorporates or is interconnected with digital content or a digital service». This potentially includes any item we use in our daily lives, e.g especially all electronic devices and household appliances. Washing machines, dishwashers, televisions, smartphones. Expensive products that we change too quickly when they have a defect, also because repairs are often too expensive. This will no longer be the case: manufacturers and suppliers of consumer goods will have to clearly provide all the information needed to adjust the product sold in the event of a breakdown (obviously if possible) and give assistance to a «reasonable cost». This also provides explain clearly what the spare parts are that are needed and make the parts themselves available also to third-party assistance centersStill, at a “reasonable cost”. Lowering the cost of repairs, so that it is more convenient for the consumer than a new purchase, also means expanding the offer of centers that can get their hands on the device to fix it. And, especially in consumer electronics, this is a huge strategic shift for manufacturers. There’s more: yesand the consumer chooses to repair rather than replace, he will be entitled to an extra year of warranty on the product.
Clear times and costs
If we turn to a manufacturer or third-party repairer to ask them to fix, for example, a washing machine, on the other hand they should give us certainties. Especially in the merit of times and gods costs of repair. Costs that must be “reasonable”, as mentioned, e declared at the time of delivery of the device: if it is not possible to predict the figure, a maximum must still be indicated. As for timing, you have to return the adjusted product within 30 days. And you must be given the opportunity to have one replacement product in the period required for repair.
The online platform
The European Commission will then launch an online platform where citizens will be able to find the repair sites closest to them, as well as sellers of used products. Each member state will then have to create its own local site. The European Union also makes available a module – use is not mandatory – to facilitate the initiation of repairs. And above all to help citizens evaluate the different options they have for adjusting their product, choosing the most convenient one.
Refurbished and second hand pieces
The availability of second-hand pieces is fundamental. Previously, manufacturers could prohibit the use of non-original parts, but no longer. With the right to repair, the ban on use falls away components created independently or with 3D printing. And official manufacturers will not be able to refuse to make further repairs to that device just because it has been “manipulated” by third parties. It is then highlighted the importance of the refurbished market: in the event of impossibility of repair, the consumer must be able to choose a refurbished product as an alternative to a new one.
When it comes into force
After formal adoption by the EU Council, the member states
they will have 24 months time to transpose the directive into their law
national. According to the «Right to Repair Europe» coalition this rule is «a step in the right direction», but there are gods strong limitations. It doesn’t satisfy the definition of “reasonable price” is too vague. And then it is contested the definition of the products involved in the law: no reference is made to products for businesses or industrial goods. Instead, it involves devices that already need to be repairable for a period of 5-10 years from purchase, such as washing machines, dishwashers, televisions and smartphones.
