Context
The EU Repair Act of 13 June 2024 promotes the circular economy by extending the obligation on manufacturers to repair their products. A similar obligation/remedy for repair already existed for consumer goods for a lack of conformity during a two-year period (the so-called legal guarantee). The Repair Act now imposes an obligation to repair where the legal guarantee does not apply (e.g. after the two year period). This way, the Repair Act avoids that a large number of defective, but otherwise viable, goods would be prematurely discarded.
In addition to the obligation on manufacturers to repair consumer products, the Repair Act incentivizes consumers to choose repair over replacement by providing an additional guarantee for repaired goods.
These measures increase the longevity of products and promote a sustainable market.
Member States must transpose the Repair Act into national law and apply these from 31 July 2026.
A summary of the obligation to repair, the extended guarantee and the contractual, hardware and software obligations on manufacturers can be found below:
Manufacturer’s obligation to repair
Insofar as repair is possible, manufacturers of consumer products must repair the products upon request of the consumer. Consumer products currently in scope of the Repair Act include fridges, smartphones, washing machines, dishwashers, televisions, computers, vacuum cleaners, electric bicycles and e-steps.
The manufacturer must do so:
- free of charge or for a reasonable price (taking into account e.g. labour costs, costs for spare parts, costs for operating the repair facility and a customary margin). Indicative prices for the typical repair should also be made available to consumers;
- within a reasonable timeframe;
- without being able to refuse the repair (solely) due to the cost of the spare parts or the fact that a previous repair has been performed by other repairers or by the consumer him/herself;
- by offering spare parts and tools at a reasonable price, insofar as the manufacturer offers such parts or tools;
- the manufacturer may provide a temporary replacement good during the repair (free of charge or at a reasonable fee);
- the manufacturer may offer a refurbished product in case repair is impossible.
The obligation to repair applies to manufacturers established both in- and outside the EU for products placed on the EU market. If the manufacturer is based outside the EU, the obligations of the manufacturer must be performed by the authorized representative, the importer or the distributor. This enables consumers to turn to an economic operator established in the Union to perform the repair obligation.
Manufacturers may subcontract the repair in order to fulfill their repair obligation. However, this does not preclude consumers from seeking repair from a repairer of their choice (e.g. seller, independent repairers or by searching via an online repair platform), enabling consumers to compare repair services without loss of the extended liability period (see below).
Extended legal guarantee
The Repair Act encourages consumers to have the goods repaired rather than replaced by offering an additional year of guarantee, i.e. if the consumer opts for repair, the guarantee period is extended by twelve months, which should be added to the remaining guarantee period of the good. In practice, the guarantee period for consumers will be extended from the legal guarantee of two years to three years in case of repair.
Contractual, hardware and software obligations of the manufacturer
Manufacturers are prohibited from using any contractual clauses, hardware or software techniques that hinder the repair of goods in scope, unless justified by legitimate reasons, such as the protection of intellectual property rights.
In addition to the Repair Act, a new Belgian law of 17 March 2024 promotes the repairability and longevity of goods. For this purpose, the law introduces a "repairability and longevity index" to help manufacturers, distributors, and consumers move to products that are better for the environment (making new products last longer and easier to repair). The law will enter into force in different stages, starting from 2 May 2025.
A Royal Decree will set out the goods subject to the Belgian law and the methodology for calculating and publishing the repairability and longevity indices. It will be the responsibility of the manufacturers and importers to apply the indices and properly communicate them to consumers.
