On April 22, 2024, the European Commission introduced a new "Right to Repair" directive to reduce the throwaway culture of repairable products. This directive is currently being transposed into national law by the EU member states. In March 2024, a directive "to strengthen consumer rights" also came into force, which includes a ban on "greenwashing" - i.e. false or misleading claims about the environmental friendliness of products. In future, general environmental claims and misleading product information will be prohibited. Sustainability seals may only be used if they are based on recognized certification systems or have been introduced by government bodies. In addition, guarantee information must be made clearly recognizable.
Another focus of this directive is on the problem of "planned wear and tear", where products are deliberately designed to become unusable after a short time and cannot be repaired. National legislators are to take measures to ensure that household appliances and electronics such as washing machines, vacuum cleaners, coffee machines and cell phones remain repairable for longer. In Germany, consideration is being given to extending the statutory warranty period from two to three years in order to promote the right to repair and the prevention of planned wear and tear. A European repair information form will help consumers to compare repair services. An online platform will facilitate the search for local repairers and repair initiatives. Manufacturers must offer spare parts and tools at fair prices and must not hinder repairs. Once the directive has been approved by the Council and published, EU member states will have 24 months to transpose it into national law. The new rules are expected to save EUR 12 billion a year in consumer losses and trigger EUR 4.8 billion in growth and investment in the EU. They complement EU rules on ecodesign and ecological transition and respond to citizens' demands for sustainable consumption and combating planned obsolescence. Germany has implemented the Ecodesign Directive, which requires the supply of replacement parts within a specified period. In addition, consumers must be informed about potential product defects, repair options and costs at the time of purchase. Retailers are obliged to recycle more, reduce waste and take back old electrical appliances under certain conditions. Furthermore, returned products that are almost as good as new may no longer be destroyed. In Spain, manufacturers must keep spare parts in stock and offer technical service for a period of 10 years after the end of production.
The European Commission's current measures mark a significant turning point in the quest for a more sustainable economy and more responsible consumer behavior.
Author:
Dr. Dominic John Patrick Porta, LL.M.
Attorney at Law (Düsseldorf Bar Association n° 52954)
Abogado (ICAIB n° 6645)
dominic.porta@anwaltmallorca.eu
www.anwaltmallorca.eu
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