EUROPEAN
COMMISSION

Brussels, 22.3.2023
COM(2023) 155 final
2023/0083 (COD)

Proposal for a
DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
on common rules promoting the repair of goods and amending Regulation (EU)
2017/2394, Directives (EU) 2019/771 and (EU) 2020/1828

(Text with EEA relevance)
{SEC(2023) 137 final} - {SWD(2023) 59 final} - {SWD(2023) 60 final}

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EXPLANATORY MEMORANDUM
1.

CONTEXT OF THE PROPOSAL



Reasons for and objectives of the proposal

This explanatory memorandum accompanies the proposal for a Directive promoting the repair
of goods purchased by consumers and amending Directive (EU) 2019/771, Directive (EU)
2020/1828 and Regulation (EU) 2017/2394. The proposal delivers on the Commission
priority of the green transition, specifically the European Green Deal1 and its objective of
sustainable consumption.
When consumer products become defective, consumers often do not seek to repair them, but
discard them prematurely, even though they could be repaired and used for longer. This
happens under the legal guarantee of the Sale of Goods Directive (SGD)2 when consumers
choose replacement instead of repair, and outside the legal guarantee, when consumers are
dissuaded from repair because of sub-optimal repair choices and conditions. In this context,
the use of refurbished goods is also limited, leaving the potential for goods to be reused by
different users untapped.
The premature disposal of reparable goods purchased by consumers leads to an increase in
waste, and generate greenhouse gas emissions and more demand for valuable resources in the
production of new goods. The problem of premature disposal of repairable goods purchased
by consumers exists across the EU for a wide range of these goods. More than two-thirds of
respondents to the public consultation (65–74%) supported EU-level solutions.
The requests of the Conference on the Future of Europe3 include a call for a right to repair, in
particular in Proposal 5 on sustainable consumption, packaging and production and Proposal
11 on Sustainable Growth and innovation. This proposal on promoting the repair of goods is
part of the Commission’s reply to this call4.
To promote sustainable consumption, this Directive aims to increase the repair and reuse of
viable defective goods purchased by consumers within and beyond the legal guarantee.

•

Consistency with existing policy provisions in the policy area

The Commission is pursuing the Green Deal objective of sustainable consumption in a
comprehensive manner in various initiatives that tackle different aspects of premature
disposal on both the supply and demand side.
On the supply side, the Ecodesign for Sustainable Products Regulation (ESPR) proposal5, sets
the framework for product reparability at the production phase, in particular, on product
design requirements and the availability of spare parts.
On the demand side, the proposal for a Directive on empowering consumers for the green
transition (ECGT)6 provides for better information on the durability and reparability of goods
at the point of sale. This enables consumers to take sustainable purchasing decisions.
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2
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COM(2019)640 final, 11.12.2019.
OJ L 136, 22.5.2019, p. 28

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Conference on the Future of Europe, Report on the final outcome, May 2022
COM(2022)404 final

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COM(2022) 142 final, 30.3.2022.

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Under the proposal for a Regulation on harmonised rules on fair access to and use of data
(Data Act), users of connected products shall have access to data they generate during their
use and have the right to give such data to a third party of their choice. Such data access will
be relevant for independent repairers.
If a product becomes defective in the after-sales phase, the SGD provides the consumers with
remedies against sellers for defects that existed at the time when the goods were delivered and
become apparent within the liability period of a minimum of 2 years. Under the SGD,
consumers choose between repair and replacement free of charge. They cannot request the
remedy chosen if it is impossible or disproportionately costly compared to the other remedy.
The combined effect of the ESPR and the ECGT will improve product sustainability and
promote sustainable purchases. However, they do not tackle the issues that dissuade
consumers from repair in the after-sales phase. This initiative fills that gap focusing on the use
phase of goods purchased by consumers. It promotes repair as a remedy in the legal guarantee
framework of the SGD and provides consumers and businesses with new tools that promote
repair beyond the legal guarantee.
The three initiatives are complementary and generate synergies by establishing a
comprehensive approach towards the common objective of sustainable consumption. They are
designed to have a cumulative effect and together cover the entire lifecycle of a product.
2.

LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY

•

Legal basis

The legal basis for the proposal is Article 114 Treaty on the Functioning of the European
Union (TFEU) which provides for the adoption of measures to ensure the establishment and
functioning of the internal market. This proposal contributes to the better functioning of the
internal market by setting out a harmonised system of rules to promote repair within and
beyond the legal guarantee for the sale of goods purchased by consumers..
The SGD fully harmonises the remedies available to consumers within the legal guarantee
framework for the lack of conformity of goods and the conditions under which such remedies
can be exercised. It was adopted on the basis of Article 114 TFEU aiming to contribute to the
functioning of the internal market by tackling contract law-related obstacles for the crossborder sales of goods purchased by consumers in the EU. This Directive amends in a targeted
manner the choice between the remedies of repair and replacement in order to promote repair
and thereby more sustainable consumption, using the same legal basis of Article 114 TFEU.
Beyond the SGD, individual Member States have already introduced or are considering to
introduce rules promoting the repair and reuse of goods purchased by consumers. Diverging
mandatory national rules promoting sustainable consumption in the contractual context create
actual or potential obstacles for the smooth functioning of the internal market, adversely
affecting cross-border transactions in the internal market. For instance, economic operators
may be faced with additional transaction costs for obtaining the necessary legal advice in
order to find out about the requirements of the law of the country in the consumer’s habitual

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COM(2022) 143 final, 30.3.2022

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residence, applicable under Regulation (EC) No 593/2008.7 Repair service providers may be
discouraged to offer their services in more than one Member State as they would need to
adapt their repair contracts accordingly.
Furthermore, differing national rules and resulting differences in market practices result in
low transparency in repair options and conditions. This will dissuade consumers from
accessing repair services, in particular across borders as in the absence of harmonised rules
the complexity in cross-border transactions is even higher than in a national context. The
resulting limited consumer demand hinders the development of repair services, especially
across borders. As digital technologies evolve and more goods include digital features that
can be accessed remotely, repair services at a distance and across borders are likely to develop
even more in the future. The obstacles that discourage consumer demand for repair indirectly
also discourage the cross-border movement of goods, such as spare parts and repair
equipment that are necessary for repair services.
It is therefore necessary to harmonise certain aspects of repair outside the existing liability of
the seller, in order to ensure the functioning of the single market concerning the relation
between a consumer and a repairer, increase legal certainty and reduce transaction costs in
particular for small and medium sized enterprises, mostly represented in the repair sector.
According to Article 114(3) TFEU, the Commission takes as a basis a high level of
environmental and consumer protection. The SGD aims to improve the functioning of the
internal market while achieving a high level of consumer protection. This Directive adds the
additional objective of promoting sustainable consumption, a circular economy and the green
transition, thus also ensuring a high level of environmental protection
•

Subsidiarity

The problems tackled by this Directive are of a cross-border nature and on a European and
global scale.
The SGD has already fully harmonised certain rules on the sale of goods purchased by
consumers. As this proposal changes one aspect of these rules in order to promote repair
within the legal guarantee, the change needs to be done at EU level.
In the absence of EU-level action, national initiatives outside the scope of the SGD would
follow in all likelihood and take different approaches in order to promote repair beyond the
legal guarantee in line with the goal of more sustainable consumption. While they could bring
certain benefits to consumers and the environment at national level, they would at the same
time create or increase fragmentation of the internal market.
EU action is therefore necessary in order to achieve the overall objective of a functioning
internal market with more sustainable consumption of goods purchased by consumers. It is
only through EU action that the desired effect of promoting repair and reuse in the context of
cross-border sales can be achieved consistently across the internal market.

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Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the
law applicable to contractual obligations (Rome I) (OJ L 177, 4.7.2008, p. 6).

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•

Proportionality

This Directive puts forward a balanced approach that respects the principle of proportionality.
For promoting repair in the context of the legal guarantee, national laws are amended only to
the minimum extent necessary to achieve the objective. This proposal does not interfere with
well-established national arrangements on liability periods. The amendment only concerns
rules that are already subject to full harmonisation.
Outside the legal guarantee, harmonisation at EU level is limited only to those options,
namely the standardised European Repair Information Form and obligation to repair, which
have an internal market dimension. Where a solution at national level is equally effective, in
particular the repair platform, this is the preferred choice. The design of the European
standard for repair services is shaped as a voluntary commitment to avoid far-reaching
interference with national laws on the provision of services.
The provisions of this Directive, while aiming at more sustainable consumption, are tailored
to the needs they must address and are of a targeted nature, carefully designed in terms of
scope and intensity.
•

Choice of the instrument

The preferred instrument is a standalone directive. It includes on the one hand a targeted
amendment to the SGD with respect to remedies under the legal guarantee, and on the other
hand, new contractual rules on promoting repair beyond the liability of the seller under the
SGD. A directive is the most suitable instrument here, as it ensures the desired harmonisation
effect and legal certainty, while also allowing Member States to incorporate the harmonised
measures into their national laws without friction.
In addition, as a non-regulatory measure, the Commission intends to encourage the
development of a European standard for repair services.

3.

RESULTS
OF
EX-POST
EVALUATIONS,
CONSULTATIONS AND IMPACT ASSESSMENTS

•

Stakeholder consultations

STAKEHOLDER

In line with the Better Regulation guidelines, an extensive consultation strategy was
implemented to ensure a wide participation of stakeholders throughout the policy cycle of this
proposal. The consultation strategy included relevant stakeholders, including consumers,
consumer organisations at both national and EU level, businesses and business associations,
environmental organisations, academic experts and national authorities. Several consultation
activities took place:

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

call for evidence for a period of 12 weeks from 11 January 2022 to 5 April 2022,
which resulted in 325 contributions



online open public consultation for a period of 12 weeks from 11 January 2022 to 5
April 2022, which resulted in 331 contributions

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

consumer and business surveys, behavioral experiments and targeted interviews in
the context of the impact assessment support study



targeted bilateral meetings with stakeholders



workshop with Member States on 7 April 2022

Open public consultation
In the open public consultation, the majority of respondents agreed with the existence of the
problem of the decrease in the time during which most goods purchased by consumers are
used. Among all stakeholder categories, major causes for the decreased lifespan of goods
purchased by consumers included the difficulty for consumers to repair products themselves
as well as the inconvenience, high costs or non-availability of repair services for consumers.
The vast majority of all respondents agreed that providing incentives to repair products
instead of buying new ones in case of defects, both within and beyond the legal guarantee, is
an objective to be pursued in order to promote sustainable consumption. The vast majority of
all stakeholders also agreed that providing incentives to buy and use refurbished goods is an
important objective for promoting sustainable consumption. A clear majority of all
respondents considered the EU the appropriate level for action.
An option to prioritise repair whenever it is cheaper than replacement was found effective by
a slight majority of all stakeholders, including the majority of EU-citizens, business
stakeholders and public authorities that responded. The majority of consumer and
environmental organisations found the measure ineffective.
Half of all stakeholders that responded saw voluntary commitments promoting repair as
effective measures. Business stakeholders in particular found this measure effective, while the
majority of responding environmental organisations and half of consumer organisations found
the measure ineffective.
On the producer’s obligation to repair against a price, a slight majority of respondents
considered that this should apply where defects result from wear and tear, and half considered
that it should apply where defects occur after the legal guarantee has expired. Business
stakeholders had a different view: only a minority considered that defects resulting from wear
and tear should be covered.
Call for evidence
The call for evidence outlined policy options on promoting repair in the remedies system of
the SGD, on the obligation to repair and voluntary commitments promoting repair.
Stakeholders from different categories (business organisations/associations, companies, nongovernmental organisations) supported the option that prioritises repair where it is cheaper or
at the same cost as replacement in the context of the legal guarantee. On the obligation to
repair, business stakeholders underlined that such an obligation should be against a price. The
majority of stakeholders supported the option of voluntary commitments promoting repair.
Workshop with Member States
Many Member States did not yet have a position on the outlined measures. The measures that
prioritise repair within the remedies system of the SGD generally found more support than

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measures that provide other kinds of incentives to consumers to choose repair (such as an
extension of the liability period after repair). Some Member States supported repair as the
primary remedy when its cost is less than or equal to the replacement cost.
The majority of Member States did not support imposing obligations to repair on economic
operators. Some of them argued that an obligation would be an excessive burden and would
likely increase the price of goods purchased by the consumers. Those Member States that
supported the obligation to repair pointed out that repair costs should not increase due to the
obligation and that the producer should bear the responsibility of repair, not the seller.
On the obligation to issue a quote for repair outside the scope of the SGD, the majority of
Member States did not have a position. Some supported such a measure while some showed
reluctance.
Data collection in the context of the impact assessment support study
Data collection in the context of the impact assessment support study comprised a mystery
shopping exercise, a consumer survey with two integrated consumer experiments, a business
survey and stakeholder interviews. These provide data for defining the problem and assessing
the impact of the policy options.
The mystery shopping exercise, targeted at retailers, resulted in 600 observations about
consumer experiences when seeking repair within and outside the legal guarantee and about
reasons for not getting products repaired by sellers.
The consumer survey and the integrated experiments on situations within the SGD resulted in
1,000 responses per Member State (10 Member States included) and provided input on
consumer experiences when seeking for repair or purchase of second-hand goods. The second
consumer experiment covering situations outside the legal guarantee period resulted in 800
observations per Member State (10 Member States included) and provided data on the barriers
to repair, information of repair and consumer likelihood to repair under different
circumstances.
The business survey conducted among producers, sellers and repairers resulted in 80 full
responses and 284 partial responses. It provided data for the analysis of the repair market and
market practices regarding the repair and replacement of defective goods. Lastly, 21
stakeholder interviews provided insights into the problem definition and market practices.
•

Impact assessment

This proposal is based on an impact assessment. The Commission’s Regulatory Scrutiny
Board (RSB) first issued a negative opinion on 30 September 2022. After the initial draft,
underwent a significant revision, the RSB provided a positive opinion with further comments
on 24 January 2023. Annex 1 of the impact assessment explains how the RSB comments were
addressed.
Several of policy options were examined on tackling the premature disposal of goods
purchased by consumers both within and outside the legal guarantee.
The assessed options to promote the repair and reuse of goods within the legal guarantee
include: prioritising repair within the remedies system of the SGD whenever it is cheaper than

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replacement; making repair the primary remedy; extending the liability period in the context
of repair; aligning the liability period of refurbished goods with new goods; and replacing
defective goods with refurbished goods.
The assessed options to facilitate and encourage the repair and reuse of goods beyond the
legal guarantee include: providing information on repair by producers and by a matchmaking
platform on repair and refurbished goods at national or EU level; improving transparency and
conditions for repair by way of voluntary commitments; obliging repairers to issue a repair
quote on price and conditions for repair; and obliging producers to repair goods subject to
reparability requirements under Union law or all products against a price.
The preferred options package includes options from both clusters, with a focus on
addressing repair beyond the legal guarantee. The largest share of defects appears in this
scenario and so the potential to increase repair is the highest. On the basis of a multi-criteria
and cost-benefit analysis as well as a qualitative assessment of the proportionality of the
various options considered, a combination of six preferred policy options was proposed to
address the problems:
–

prioritising repair whenever it is cheaper than replacement within the legal guarantee
framework.

–

an online platform at national level, matchmaking consumers with repairers and
promoting refurbished goods.

–

an obligation on repairers to issue upon request a quote on price and conditions for
repair in a standardised form (European Repair Information Form).

–

an obligation on producers of goods to which reparability requirements under Union
law apply to repair outside the legal guarantee against a price.

–

an obligation on producers to inform on their applicable obligation to repair.

–

a voluntary EU easy repair standard (European Standard for repair services).

The preferred options package increases the repair of goods purchased by consumers both
within and outside the legal guarantee by tackling several of the identified drivers of
premature disposal of these goods.
Prioritising repair over replacement within the remedies system of the SGD will drive
consumer behaviour towards sustainable consumption and increase repairs within the legal
guarantee of viable goods purchased by consumers..
Beyond the legal guarantee, various measures will make repair easier and more attractive for
consumers, increasing repairs and the lifetime of consumer goods. The national online repair
platform and the obligation of producers to inform on their applicable obligation of repair
services will improve the transparency of available repair services. The binding quote on
repair price and conditions (European Repair Information Form) will tackle consumer price
concerns and inconvenience factors in the repair process through transparency and
predictability and make it easier to compare offers. The obligation to repair will promote
sustainable consumption by giving consumers a right to claim repair against the producer for
specific product groups that are reparable by design. The European Standard for repair
services is a useful non-regulatory add-on to the binding measures that will build consumer

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trust in repair services. The refurbishment function of the national platform increases the use
of refurbished goods bringing benefits both to the demand and supply side.
The preferred options package contributes to increased employment, investment, and
competition in the EU repair sector in the internal market, while bringing benefits to EU
consumers (EUR 176.5 billion consumer savings over 15 years, translating into 25 EUR per
consumer annually) and the environment (saving 18.4 million tonnes of CO28 over 15 years).
Independent repairers, including small and medium-sized enterprises are well placed to
benefit from this package. Businesses will face losses due to forgone sales and reduced
production of new goods, but substantial consumer savings exceed the cost on businesses. The
losses of businesses therefore reflect a transfer from business revenues to consumer welfare.
Consumers are also likely to invest the money saved in the overall economy, which in turn
will lead to growth and investment.


Fundamental rights

The package has a positive impact on fundamental rights enshrined in the Charter of
Fundamental Rights of the European Union (Charter). It promotes the right to a high level of
environmental protection and improvement in the quality of the environment, as set out in
Article 37 of the Charter. In particular, it helps to reduce greenhouse gas emissions, waste and
use of new resources by increasing repairs both within and beyond the legal guarantee and
thereby extending the lifetime of goods purchased by consumers. This proposal contributes to
a high level of consumer protection (Article 38 of the Charter) by strengthening consumer
rights beyond the legal guarantee. This will be ensured by
(a) providing consumers with tools that improve transparency and conditions for repair.
(b) obliging producers to repair beyond the legal guarantee certain goods purchased by
consumers.
These measures will encourage and facilitate the choice of repair when goods become
defective and prevent consumers from unnecessarily buying new replacement goods, reducing
consumer expenditure.
While this proposal regulates certain business practices concerning repair in view of the
sustainable consumption objective, it safeguards contractual freedom and is conducive to the
freedom to conduct business (Article 16 of the Charter). The provisions under this proposal
aim at boosting the repair market without creating a burden, in particular for small and
medium-sized enterprises.
This proposal also contributes to the integration of persons with disabilities (Article 26 of the
Charter), as Member States are required to ensure accessibility to the online platform for
repair also for persons with disabilities, thereby facilitating their access to repair services. In
addition, the proposal seeks to ensure the right to an effective remedy and to a fair trial
(Article 47 of the Charter), in particular by specific provisions on enforcement to ensure
compliance with this Directive.
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The environmental impact of the preferred option package has to be seen together with those of the
ESPR (471 million tonnes of CO2 savings) and the ECGT (0.33-0.47 million tonnes CO2 savings), as
they are designed to have a complementary effect. The combined environmental impact is therefore
very significant. The initiatives also help each other to generate their impact.

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4.

BUDGET IMPLICATIONS

This proposal will not have implications for the EU budget.

5.

OTHER ELEMENTS



Implementation plans and monitoring, evaluation and reporting arrangements

The Commission will evaluate the impacts of this initiative 5 years after its entry into
application. This allows for the necessary period for application and evidence collection in
Member States. The progress will be monitored based on a set of indicators covering the
package as a whole and its individual elements. Data on the transposition and application of
the initiative will also feed into the evaluation. For that purpose, the Commission will also
remain in contact with Member States and stakeholders.
The Commission will draw up a report in respect on the delegation of power to adopt
delegated acts not later than 9 months before the end of the six-year period of empowerment.


Detailed explanation of the specific provisions of the proposal

Article 1: Subject matter, purpose and scope
Article 1(1) indicates the subject matter of this Directive, which is to improve the functioning
of the internal market by laying down common rules promoting the repair of goods purchased
by consumers. In line with Article 114(3) TFEU, the Commission takes as its basis a high
level of environmental and consumer protection. While pursuing the same purpose as the
SGD, namely to improve the functioning of the internal market and achieve a high level of
consumer protection, this Directive also adds environmental protection as an ancillary
objective. In particular, by promoting sustainable consumption through repair and reuse this
Directive contributes to a circular economy and the green transition.
Article 1 (2) defines the scope of this Directive which shall apply to the repair of goods
purchased by consumers in the event of a defect of the goods that occurs or becomes apparent
outside the liability of the seller pursuant to Article 10 of Directive (EU) 2019/771. This may
be the case where the defect did not exist yet at the time that the goods were delivered to the
consumer or where the lack of conformity becomes apparent only after the liability period.
For these defects, this Directive introduces several provisions, namely the obligation to
provide the European Repair Information Form (Article 4), the obligation to repair (Article 5)
with the corresponding information requirement (Article 6) and, the platform for repair and
refurbishment (Article 7). This Directive also introduces changes to the remedies systems
concerning defects that fall within the liability of the sellers pursuant to Article 10 of SGD. In
particular, Article 12 of this Directive amends in a targeted manner the choice between repair
and replacement under the SGD. In line with the SGD, Article 12 applies to sales contracts
concluded between consumers and sellers.
Article 2: Definitions

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Article (2) introduces the definition of ‘repairer’, which is any natural or legal person who
offers a repair service for commercial purposes, including independent repair service
providers, producers and sellers that offer repair services.
Article 2(7) contains a definition of ‘reparability requirements’, which relates to the
producer’s obligation to repair goods that are covered by such reparability requirements
provided for by Union legal acts (Article 5). ‘Reparability requirements’ should mean any
requirements under Union legal acts listed in Annex II that enable a product to be repaired.
These are for instance requirements for the disassembly and the availability of spare parts
applicable to products or specific components of products, as well as repair-related
information and tools.
In addition, Article 2 refers to several definitions already established in the SGD and in the
ESPR.
Article 3: Level of harmonisation
In line with the SGD, this Directive follows a full harmonisation approach, whereby Member
States cannot maintain or introduce in their national law provisions that diverge from those
laid down in this Directive.
Article 4: European Repair Information Form
Article 4(1) introduces an obligation for repairers to provide standardised key information on
their repair services via the European Repair Information Form set out in Annex I. Such
standardised presentation will allow consumers to assess and easily compare repair services.
Consumers will be free to decide whether they need the European Repair Information Form in
a given case, for instance where they would like to gain an overview of the key conditions of
the repair service or in order to compare different repair services. In such cases when it is
needed and brings added value consumers can obtain the form from repairers upon request.
Article 4(2) sets out that repairers who are not obliged to repair by virtue of Article 5 shall not
be obliged to provide the European Repair Information Form where they do not intend to
provide the repair service, thereby avoiding unnecessary burden on the repairers.
If repairers incur costs that are necessary for providing the European Repair Information
Form, for instance, for inspecting the defective goods, they may request the consumer to pay
these limited costs (Article 4(3)).
Article 4(4) sets out the key parameters that influence consumer decisions when considering
repair. These are in particular: the price for repair or, if the price cannot be calculated in
advance, the calculation method and the maximum price, repair conditions such as the time
needed to complete repair, the availability of temporary replacement goods during the time of
repair, the place where the consumer hands over the goods for repair and the availability of
ancillary services such as removal, installation and transportation, where relevant.
Article 4(5) prohibits repairers to alter the European Repair Information Form for 30 days,
once provided. This ensures that consumers have sufficient time to compare different repair
offers and are protected from changing conditions. In order to safeguard contractual freedom
of repairers, repairers who are not obliged to repair by virtue of Article 5, remain free to
decide whether to conclude a contract, even if they had provided a form upon the consumer’s

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request. If a contract for a provision of repair is concluded, repairers are bound to the
information given in the European Repair Information Form, which also constitutes an
integral part of the contract for the provision of the repair services.
The European Repair Information Form will also make it easier to provide information on
repair services including for micro, small and medium sized repairers, as Article 4(6) provides
that repairers should be deemed to have fulfilled corresponding information requirements
related to a repair service laid down in Directives 2011/83/EU, 2006/123/EC and 2000/31/EC.
Article 5: Obligation to repair
Article 5 introduces an obligation for producers to repair defects outside the liability of the
seller upon the request of consumers and against a price.
In terms of scope, Article 5(1) limits the obligation to repair to goods for which and to the
extent reparability requirements are established in Union legal acts listed in Annex II of this
Directive. Those goods include product groups covered by reparability requirements under the
ecodesign framework, such as household washing machines, household dishwashers,
refrigerating appliances and vacuum cleaners. The reparability requirements under Union
legal acts listed in Annex II ensure that the respective products are technically reparable. The
obligation to repair corresponds to the scope of the reparability requirements,9 among others
to the components covered and the period during which the respective reparability
requirements apply. Therefore, linking the obligation to repair to existing reparability
requirements in Union legal acts in Annex II ensures that this obligation can be performed in
practice and that there is legal certainty for economic operators. The obligation to repair under
this Directive, which allows consumers to directly claim repair against the producer in the
after-sales phase, complements supply-side requirements on reparability, encouraging
consumer demand for repair.
According to Article 5(1), the producer may perform the obligation to repair for free of
against a price. Where the producer repairs against a price, such repair services could become
an additional source of revenue and the producer would have an interest to reach an
agreement on the price with the consumer in order to conclude a contract. The competitive
pressure from other repair actors are likely to keep the price acceptable for the consumer. The
producer may also have an interest to perform the obligation for free as part of a commercial
guarantee on durability of its products.
The producer should be exempted from the obligation to repair only where repair is
impossible, for instance, where goods are damaged in a manner, which makes repair
technically unfeasible (Article 5(1) sentence 2).
Article 5(2) regulates the situation where consumers purchase a good from a third country
producer established outside the Union. It provides legal certainty for third country producers
by specifying how they may comply with the obligation to repair when marketing goods
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For example, Commission Regulation (EU) 2019/2023 requires that manufacturers, importers or
authorised representatives of household washing machines and household washer-dryers make available
to professional repairers a specified list of spare parts, for a minimum period of 10 years after placing
the last unit of the model on the market. Therefore, the obligation to repair will apply to the respective
products, defects that necessitate a replacement with such spare parts and the time period of 10 years.

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purchased by consumers in the Union. It also provides legal certainty to consumers by
specifying which economic operators they may approach in the Union with respect to the
obligation to repair of third country producers
To keep Annex II up to date, Article 5(4) introduces an empowerment for the Commission to
adopt delegated acts to amend Annex II, for instance by adding new product groups when
new reparability requirements are adopted in Union legal acts. The Commission
empowerment for delegated acts will ensure that all relevant future reparability requirements
can be integrated into Annex II.
Article 6: Information on obligation to repair
If producers are obliged to repair goods pursuant to Article 5, they need to inform consumers
of that obligation and provide information on the repair services (Article 6). The information
obligation aims to ensure that consumers are aware of the obligation to repair, which will
increase the likelihood of repair. Article 6 allows for flexibility in how the information is
made accessible as long as the producer makes it available in a clear and comprehensible
manner.
Article 7: Online platform for repair and goods subject to refurbishment
Article 7 introduces an obligation for Member States to provide for at least one national
platform to matchmake consumers with repairers. This will help consumers assess and
compare the merits of different repair services and thereby incentivise them to choose repair
instead of buying new goods. Where a relevant national platform already exists that meets the
conditions set out in this Directive, Member States should not be required to create new
platforms.
Article 7(1) sets a number of requirements that the national platform needs to comply with.
First, the platform should include search functions for goods, location of repair services and
repair conditions, for instance, the time needed to complete the repair, the availability of
temporary replacement goods, ancillary services and quality standards for repairers (Article
7(1)(a)). The platform should also enable consumers to directly request the European Repair
Information Form via the platform (Article 7(1)(b)) in order to make it easier for them to
obtain it. To ensure that the information on the platform is accurate, the platform should allow
the repairers to make regular updates (Article 7(1)(c)). In addition, in order to build consumer
trust, it should allow for special labels to be displayed in accordance with national and Union
law whereby repairers indicate their adherence to European or national quality standards
related to repair (Article 7(1)(d)). To create awareness, the platform should also enable
accessibility through national websites connected to the Single Digital Gateway (Article
7(1)(e)).
To promote the refurbishment of goods, Article 7(2) requires Member States to ensure that the
online platform also includes a search function to find sellers of goods subject to
refurbishment and purchasers of defective goods for refurbishment.
Article 7(3) clarifies that registration on the platform is voluntary for repair and refurbishment
actors. In addition, Member States should be free to decide who can access the repair platform
and how it should be accessed, as long as all repairers in the EU are treated equally.
Consumers should be able to access the platform for free.
Article 12: Amendment to the SGD

EN

12

EN

Article 12 adapts in a targeted manner the harmonised conditions under which the choice
between the remedies of repair and replacement can be exercised according to Article 13(2)
SGD. This article stipulates that the consumer may choose between repair and replacement,
unless the remedy chosen would be impossible or, compared to the other remedy, would
impose costs on the seller that would be disproportionate. While maintaining this principle,
Article 12 adds an additional sentence to Article 13(2) SGD to promote repair over
replacement, stating that the seller should always repair the goods where the costs for
replacement are equal to or greater than the costs for repair. As a result, the consumer may
only choose replacement as a remedy when it is cheaper than repair.

EN

13

EN

2023/0083 (COD)
Proposal for a
DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
on common rules promoting the repair of goods and amending Regulation (EU)
2017/2394, Directives (EU) 2019/771 and (EU) 2020/1828
(Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular
Article 114 thereof,
Having regard to the proposal from the European Commission,
After transmission of the draft legislative act to the national parliaments,
Having regard to the opinion of the European Economic and Social Committee10,
Acting in accordance with the ordinary legislative procedure11,
Whereas:
(1)

Directive (EU) 2019/771 of the European Parliament and of the Council12 pursues the
objective of improving the functioning of the internal market, while achieving a high
level of consumer protection. In the context of the green transition, this Directive
pursues the objective of improving the functioning of the internal market, while
promoting more sustainable consumption, and thereby complements the objective
pursued by Directive (EU) 2019/771.

(2)

In order to achieve these objectives, and in particular to facilitate cross-border
provision of services and competition among repairers of goods purchased by
consumers in the internal market, it is necessary to lay down uniform rules promoting
the repair of goods purchased by consumers within and beyond the liability of the
seller established by Directive (EU) 2019/771. Member States have already taken or
are considering to introduce rules promoting repair and reuse of goods purchased by
consumers outside the existing liability of the seller established by Directive (EU)
2019/771. Differing mandatory national rules in this area constitute actual or potential
obstacles to the functioning of the internal market, adversely affecting cross-border
transactions of economic operators acting on that market. Those operators may have to
adapt their services to comply with the different mandatory national rules and may be

10

OC J […]
Position of the European Parliament of […] (not yet published in the Official Journal) and decision of
the Council of […].

11

12

Directive (EU) 2019/771 of the European Parliament and of the Council of 20 May 2019 on
certain aspects concerning contracts for the sale of goods, amending Regulation (EU) 2017/2394 and
Directive
2009/22/EC, and repealing Directive 1999/44/EC (OJ L 136, 22.5.2019, p. 28).

EN

14

EN

faced with additional transaction costs for obtaining the necessary legal advice on the
requirements of the law of the Member State of the consumer’s habitual residence,
when applicable pursuant to Regulation (EC) 593/2008 of the European Parliament
and of the Council13, and to adapt their contracts for the provision of repair services
accordingly. This will affect, in particular, small and medium sized enterprises, mostly
represented in the repair sector. Legal fragmentation may also negatively affect
consumer confidence in cross-border repair due to uncertainties regarding factors
which are important for the decision to repair goods.

EN

(3)

In order to reduce premature disposal of viable goods purchased by consumers and to
encourage consumers to use their goods longer, it is necessary to set out rules on repair
of such goods. Repair should result in more sustainable consumption, since it is likely
to generate less waste caused by discarded goods, less demand for resources, including
energy, caused by the process of manufacturing and sale of new goods replacing
defective goods, as well as less greenhouse gas emissions. This Directive promotes
sustainable consumption in view of achieving benefits for the environment while also
producing benefits for consumers by avoiding costs associated with new purchases in
the short term.

(4)

Regulation (EU)… of the European Parliament and of the Council [on the Ecodesign
Sustainable Products] lays down, in particular, supply-side requirements pursuing the
objective of more sustainable product design at the production phase. Directive
(EU)… of the European Parliament and of the Council [on Empowering consumers
for the green transition] lays down demand-side requirements ensuring the provision
of better information on durability and reparability of goods at the point of sale, which
should enable consumers to make informed sustainable purchasing decisions. This
Directive complements those supply-side and demand-side requirements, by
promoting repair and reuse in the after-sales phase both within and outside the liability
of the seller established by Directive (EU) 2019/771. This Directive thus pursues the
objectives, in the context of the European Green Deal, of promoting a more
sustainable consumption, a circular economy and the green transition.

(5)

This Directive should not affect the freedom of Member States to regulate aspects of
contracts for the provision of repair services other than those harmonised in Union
law.

(6)

Reparability requirements should comprise all requirements under Union legal acts
which ensure that goods can be repaired, including but not limited to requirements
under the ecodesign framework referred to in Regulation [on the Ecodesign for
Sustainable Products], to cover a broad range of products as well as future
developments in any other field of Union law.

(7)

In order to help consumers identify and choose suitable repair services, consumers
should receive key information on repair services. The European Repair Information
Form should lay down key parameters that influence consumer decisions when
considering whether to repair defective goods. This Directive should set out a model
standardised format. A standardised format for presenting repair services should allow
consumers to assess and easily compare repair services. Such standardised format
should also facilitate the process of providing information on repair services, in
particular for micro, small and medium sized businesses providing repair services. In

13

Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the
law applicable to contractual obligations (Rome I) (OJ L 177, 4.7.2008, p. 6).

15

EN

order to avoid additional burdens due to overlapping pre-contractual information
requirements, a repairer should be deemed to have fulfilled corresponding information
requirements of relevant EU legal acts, where applicable, if the European Repair
Information Form has been filled in correctly and provided to the consumer.
Information in the European Repair Information Form should be provided to
consumers in a clear and comprehensible manner and in line with the accessibility
requirements of Directive 2019/88214.
(8)

The consumer’s free choice to decide by whom to have its goods repaired should be
facilitated by requesting the European Repair Information Form not only from the
producer, but also from the seller of the goods concerned or from independent
repairers, where applicable. Repairers should provide the European Repair Information
Form only where the consumer requests that form and the repairer intends to provide
the repair service or it is obliged to repair. A consumer may also choose not to request
the European Repair Information Form and to conclude a contract for the provision of
repair services with a repairer pursuant to pre-contractual information provided by
other means in accordance with Directive 2011/83/EU of the European Parliament and
the Council. 15

(9)

There are situations in which a repairer incurs costs necessary for providing the
information on repair and price included in the European Repair Information Form.
For instance, the repairer may need to inspect the goods to be able to determine the
defect or type of repair that is necessary, including the need for spare parts, and to
estimate the repair price. In these cases, a repairer may only request a consumer to pay
the costs that are necessary for providing the information included in the European
Repair Information Form. In line with the pre-contractual information and other
requirements set out in Directive 2011/83/EU, the repairer should inform the consumer
about such costs before the consumer requests the provision of the European Repair
Information Form. Consumers may refrain from requesting the European Repair
Information Form where they consider that the costs for obtaining that form are too
high.

(10)

Repairers should not alter the conditions of repair that they provide in the European
Repair Information Form, including on the price for repair, for a certain period of time.
This ensures that consumers are given sufficient time to compare different repair
offers. In order to safeguard as much as possible the contractual freedom for repairers
other than producers of goods for whom an obligation to repair applies, to be able to
decide whether to conclude a contract for the provision of repair services at all,
repairers should remain free to decide not to conclude such a contract, including in
situations where they have provided the European Repair Information Form. If a
contract for the provision of repair services is concluded based on the European Repair
Information Form, the information on conditions of repair and price contained in that
form should constitute an integral part of the contract for the provision of repair
services, thereby defining the repairer’s obligations under that contract. Non-

14

Directive 2019/882/EU of the European Parliament and of the Council of 17 April 2019 on the
accessibility requirements for products and services (OJ L 151, 7.6.2019, p. 70).
Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer
rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament
and of the Council and repealing Council Directive 85/577/EEC and Directive 97/7/EC of the European
Parliament and of the Council (Text with EEA relevance) (OJ L 304, 22.11.2011, p. 64–88).

15

EN

16

EN

compliance with those contractual obligations is governed by the applicable national
law.

EN

(11)

Directive (EU) 2019/771 imposes an obligation on sellers to repair goods in the event
of a lack of conformity which existed at the time that the goods were delivered and
which becomes apparent within the liability period. Under that Directive, consumers
are not entitled to have defects repaired which fall outside that obligation. As a
consequence, a large number of defective, but otherwise viable, goods are prematurely
discarded. In order to encourage consumers to repair their good in such situations, this
Directive should impose an obligation on producers to repair goods to which
reparability requirements imposed by Union legal acts apply. That repair obligation
should be imposed, upon the consumer’s request, on the producers of such goods,
since they are the addressees of those reparability requirements. That obligation should
apply to producers established both inside and outside the Union in relation to goods
placed on the Union market.

(12)

Since the obligation to repair imposed on producers under this Directive covers defects
that are not due to the non-conformity of the goods with a sales contract, producers
may provide repair against a price paid by the consumer, against another kind of
consideration, or for free. The charging of a price should encourage producers to
develop sustainable business models, including the provision of repair services. Such a
price may take into account, for instance, labour costs, costs for spare parts, costs for
operating the repair facility and a customary margin. The price for and the conditions
of repair should be agreed in a contract between the consumer and the producer and
the consumer should remain free to decide whether that price and those conditions are
acceptable. The need for such a contract and the competitive pressure from other
repairers should encourage producers who are obliged to repair to keep the price
acceptable for the consumer. The repair obligation may also be performed for free
when the defect is covered by a commercial guarantee, for instance, in relation to
guaranteed durability of goods.

(13)

Producers may fulfil their obligation to repair by sub-contracting repair, for instance, if
the producer does not have the repair infrastructure or if repair can be carried out by a
repairer located closer to the consumer, among others where the producer is
established outside the Union.

(14)

The requirements laid down in delegated acts adopted pursuant to Regulation [on the
Ecodesign for Sustainable Products] or implementing measures adopted pursuant to
Directive 2009/125/EC of the European Parliament and of the Council16, according to
which producers should provide access to spare parts, repair and maintenance
information or any repair related software tools, firmware or similar auxiliary means,
apply. Those requirements ensure the technical feasibility of repair, not only by the
producer, but also by other repairers. As a consequence, the consumer can select a
repairer of its choice.

(15)

The obligation to repair should also be effective in cases where the producer is
established outside the Union. In order to enable consumers to turn to an economic
operator established within the Union to perform this obligation, this Directive
foresees a sequence of alternative economic operators required to perform the

16

Directive 2009/125/EC of the European Parliament and of the Council of 21 October 2009 establishing
a framework for the setting of ecodesign requirements for energy-related products (recast) (Text with
EEA relevance) (OJ L 285, 31.10.2009, p. 10–35).

17

EN

obligation to repair of the producer in such cases. This should enable producers
located outside the Union to organise and perform their obligation to repair within the
Union.
(16)

To avoid overburdening producers and to ensure they are able to perform their
obligation to repair, that obligation should be limited to those products for which and
to the extent any reparability requirements are provided for in Union legal acts.
Reparability requirements do not oblige producers to repair defective goods, but
ensure that goods are reparable. Such reparability requirements can be laid down in
relevant Union legal acts. Examples are delegated acts adopted pursuant to Regulation
[on the Ecodesign for Sustainable Products] or implementing measures adopted
pursuant to Directive 2009/125/EC of the European Parliament and of the Council17,
which create a framework to improve the environmental sustainability of products.
This limitation of the obligation to repair ensures that only those goods which are
reparable by design are subject to such obligation. Relevant reparability requirements
include design requirements enhancing the ability to disassemble the goods and a
range of spare parts to be made available for a minimum period. The obligation to
repair corresponds to the scope of the reparability requirements, for instance,
ecodesign requirements may apply only to certain components of the goods or a
specific period of time may be set to make spare parts available. The obligation to
repair under this Directive, which allows the consumer to claim repair directly against
the producer in the after-sales phase, complements the supply-side related reparability
requirements laid down in Regulation [on the Ecodesign Sustainable Products],
encouraging consumer demand for repair.

(17)

To ensure legal certainty, this Directive lists in Annex II relevant product groups
covered by such reparability requirements under Union legal acts. In order to ensure
coherence with future reparability requirements under Union legal acts, the power to
adopt acts in accordance with Article 290 of the Treaty on the Functioning of the
European Union should be delegated to the Commission in respect of in particular
adding new product groups to Annex II when new reparability requirements are
adopted. It is of particular importance that the Commission carry out appropriate
consultations during its preparatory work, including at expert level, and that those
consultations be conducted in accordance with the principles laid down in the
Interinstitutional Agreement of 13 April 2016 on Better Law-Making18. In particular,
to ensure equal participation in the preparation of delegated acts, the European
Parliament and the Council should receive all documents at the same time as Member
States' experts, and their experts systematically should have access to meetings of
Commission expert groups dealing with the preparation of delegated acts.

(18)

While this Directive imposes the obligation to repair on the producer, it also facilitates
consumer choice of repair services from other repairers. This choice should in
particular be facilitated by requesting the European Repair Information Form not only
from the producer but also other repairers like the seller or independent repairers or by
searching via the online repair platform. As consumers would need to pay for the
repair, they are likely to compare repair opportunities in order to choose the most
suitable repair services for their needs. Thus, it is likely they approach independent

17

Directive 2009/125/EC of the European Parliament and of the Council of 21 October 2009 establishing
a framework for the setting of ecodesign requirements for energy-related products (recast).
Interinstitutional Agreement between the European Parliament, the Council of the European Union and
the European Commission on Better Law-Making (OJ L 213,12.5.2016, p. 1).

18

EN

18

EN

repairers in their proximity or the seller before reaching out to producers which may
for instance be located at a greater distance and for which the price could be higher
due to transportation costs.

EN

(19)

In line with Directive (EU) 2019/771, a producer should be exempted from the
obligation to repair where repair is factually or legally impossible. For example, the
producer should not refuse repair for purely economic reasons, such as the costs of
spare parts. National law implementing Directive (EU) 2019/771 or the preceding
Directive 1999/44/EC of the European Parliament and of the Council19 is already
using the criterion whether repair is impossible and national courts are applying it.

(20)

In order to increase the consumer awareness on the availability of repair and thus its
likelihood, producers should inform consumers of the existence of that obligation. The
information should mention the relevant goods covered by that obligation, together
with an explanation that and to what extent repair is provided for those goods, for
instance through sub-contractors. That information should be easily accessible to the
consumer and provided in a clear and comprehensible manner, without the need for
the consumer to request it, and in line with the accessibility requirements of Directive
2019/882. The producer is free to determine the means through which it informs the
consumer.

(21)

In order to encourage repair, Member States should ensure that for their territory at
least one online platform exists which enables consumers to search for suitable
repairers. That platform may be an existing or privately operated platform, if it meets
the conditions laid down in this Directive. That platform should include user-friendly
and independent comparison tools which assist consumers in assessing and comparing
the merits of different repair service providers, thereby incentivising consumers to
choose repair instead of buying new goods. While that platform aims at facilitating the
search for repair services in business-to-consumer relationships, Member States are
free to extend its scope also to include business-to-business relationships as well as
community-led repair initiatives.

(22)

Member States should ensure that all economic operators that may provide repair
services in the Union have easy access to the online platform. Member States should
be free to decide which repairers can register on the online platform as long as access
to that platform is reasonable and non-discriminatory for all repairers in accordance
with Union law. Enabling repairers from one Member State to register on the online
platform in another Member State in order to provide repair services in areas that the
consumer searched for should support the cross-border provision of repair services. It
should be left to Member States’ discretion how to populate the online platform, for
instance by self-registration or extraction from existing databases with the consent of
the repairers, or if registrants should pay a registration fee covering the costs for
operating the platform. To guarantee a wide choice of repair services on the online
platform, Member States should ensure that access to the online platform is not limited
to a specific category of repairers. While national requirements, for instance, on the
necessary professional qualifications, continue to apply, Member States should ensure
that the online platform is open to all repairers that fulfil those requirements. Member
States should also be free to decide whether and to what extent community-led repair
initiatives, such as repair cafés, may register on the online platform, taking account of

19

Directive 1999/44/EC of the European Parliament and of the Council of 25 May 1999 on certain aspects
of the sale of consumer goods and associated guarantees (OJ L 171, 7.7.1999, p. 12).

19

EN

safety considerations where relevant. Registration on the online platform should
always be possible upon repairers’ request, provided they fulfil the applicable
requirements to access the online platform.

EN

(23)

Member States should ensure that consumers have easy access to the online platform
allowing them to find suitable repair services for their defective goods. The online
platform should also be accessible to vulnerable consumers, including persons with
disabilities, in accordance with applicable Union law relating to accessibility.

(24)

The search function based on products may refer to the product type or brand. Since
repairers cannot know the specific defect before a request to repair has been made, it is
sufficient that they provide on the online platform generic information on key
elements of repair services to enable consumers to decide whether to repair the good in
question, in particular the average time to complete repair, the availability of
temporary replacement goods, the place where the consumer hands over the goods for
repair and the availability of ancillary services. Repairers should be encouraged to
regularly update their information on the online platform. In order to build consumer
confidence in the repair services available on the online platform, repairers should be
able to demonstrate their adherence to certain repair standards.

(25)

In order to facilitate obtaining the European Repair Information Form, the online
platform should include the possibility for consumers to directly request that form
from the repairer through the online platform. This possibility should be displayed in a
prominent manner on the online platform. To create awareness of national online
repair platforms and to facilitate access to such platforms across the Union, Member
States should ensure that their online platforms are accessible through relevant
national webpages connected to the Single Digital Gateway established by Regulation
(EU) 2018/1724 of the European Parliament and of the Council20. To raise consumer
awareness of the online platform, Member States should undertake appropriate steps,
for instance sign-post the online platform on related national websites or carry out
communication campaigns.

(26)

In order to promote sustainable consumption of goods in situations outside the liability
of the seller, the online platform should also promote goods subject to refurbishment
as an alternative to repair or to buying new goods. To that end, the online platform
should include a functionality allowing consumers to find sellers of goods subject to
refurbishment or businesses buying defective goods for refurbishment purposes, in
particular by enabling a search function per product category. Such sellers of goods
subject to refurbishment or purchasers of defective goods for refurbishment should
have access to the platform based on the same principles and technical specifications
applicable to the repair functionality.

(27)

The Commission should enable the development of a voluntary European quality
standard for repair services, for instance by encouraging and facilitating voluntary
cooperation on a standard between businesses, public authorities and other
stakeholders or by issuing a standardisation request to the European standardisation
organisations. A European standard for repair services could boost consumer trust in
repair services across the Union. Such standard could include aspects influencing

20

Regulation (EU) 2018/1724 of the European Parliament and of the Council of 2 October 2018
establishing a single digital gateway to provide access to information, to procedures and to assistance
and problem-solving services and amending Regulation (EU) No 1024/2012 (OJ L 295, 21.11.2018, p.
1).

20

EN

consumer decisions on repair, such as the time to complete repair, the availability of
temporary replacement goods, quality assurances such as a commercial guarantee on
repair, and the availability of ancillary services such as removal, installation and
transportation offered by repairers.

EN

(28)

In order to promote repair within the liability of the seller as established in Directive
(EU) 2019/771, the harmonised conditions under which the choice between the
remedies of repair and replacement can be exercised should be adapted. The principle
established in Directive (EU) 2019/771 to use the consideration whether the remedy
chosen would impose costs on the seller that are disproportionate as compared to the
other remedy, as one of the criteria to determine the applicable remedy, should be
maintained. The consumer remains entitled to choose repair over replacement, unless
repair would be impossible or it would impose disproportionate costs on the seller as
compared to replacement. However, where the costs for replacement are higher than or
equal to the costs of repair, the seller should always repair the goods. Hence, the
consumer is entitled to choose replacement as a remedy only where it is cheaper than
repair. Directive (EU) 2019/771 should therefore be amended accordingly.

(29)

In order to enable the enforcement of the rules set out in this Directive by means of
representative actions, an amendment of Annex I to Directive (EU) 2020/1828 of the
European Parliament and of the Council16 is necessary. For competent authorities
designated by their Member States to cooperate and coordinate actions with each other
and with the Commission in order to enforce compliance with the rules set out in this
Directive, an amendment of the Annex to Regulation 2017/2394 of the European
Parliament and of the Council17 is necessary.

(30)

In order to allow economic operators to adapt, transitional provisions concerning the
application of some Articles of this Directive should be introduced. Thus, the
obligations to repair and to provide related information on this obligation should apply
to contracts for the provision of repair services after [24 months after the entry into
force]. The amendment to Directive (EU) 2019/771 should apply only to sales
contracts concluded after [24 months after the entry into force] to ensure legal
certainty and to provide sellers with sufficient time to adapt to the amended remedies
of repair and replacement.

(31)

In accordance with the Joint Political Declaration of 28 September 2011 of Member
States and the Commission on explanatory documents18, Member States have
undertaken to accompany, in justified cases, the notification of their transposition
measures with one or more documents explaining the relationship between the
components of a directive and the corresponding parts of national transposition
instruments. With regard to this Directive, the legislator considers the transmission of
such documents to be justified.

(32)

Promoting the repair of goods purchased by consumers, with a view to contributing to
the proper functioning of the internal market while providing for a high level of
environmental and consumer protection, cannot be sufficiently achieved by the
Member States. Emerging national mandatory rules promoting sustainable
consumption by way of repair of defects outside the scope of Directive (EU) 2019/771
are likely to diverge and lead to fragmentation of the internal market. Member States
may not amend the fully harmonised rules concerning defects within the liability of
the seller set out in Directive (EU) 2019/771. The objective of this Directive can
rather, by reason of its scale and effects, better be achieved at Union level through
fully harmonised common rules promoting repair within and outside the liability of the

21

EN

seller established in Directive (EU) 2019/771. The Union may therefore adopt
measures, in accordance with the principle of subsidiarity as set out in Article 5 of the
Treaty on European Union. In accordance with the principle of proportionality, as set
out in that Article, this Directive does not go beyond what is necessary in order to
achieve this objective.
(33)

This Directive respects the fundamental rights and freedoms and seeks to ensure full
respect in particular for Articles 16, 26, 37, 38 and 47 of Charter of Fundamental
Rights of the European Union. It contributes to an improvement of the quality of the
environment in accordance with Article 37 of the Charter of Fundamental Rights of
the European Union by promoting sustainable consumption of goods and thereby
reducing negative environmental impacts from premature disposal of viable goods.
This Directive ensures full respect for Article 38 on consumer protection by enhancing
consumer rights relating to defects that occur or become apparent outside the liability
of the seller pursuant to Article 10 of Directive (EU) 2019/771. It also ensures respect
for the freedom to conduct a business in accordance with Article 16 of the Charter of
Fundamental Rights of the European Union by safeguarding contractual freedom and
encouraging the development of repair services in the internal market. This Directive
contributes to the integration of persons with disabilities in accordance with Article 26
the Charter of Fundamental Rights of the European Union by facilitating accessibility
to the online platform for persons with disabilities. This Directive seeks to ensure full
respect for Article 47 on the right to an effective remedy and to a fair trial through
effective means of enforcement.

HAVE ADOPTED THIS DIRECTIVE:
Article 1

Subject matter, purpose and scope
1.

This Directive lays down common rules promoting the repair of goods, with a view
to contributing to the proper functioning of the internal market, while providing for a
high level of consumer and environmental protection.

2.

This Directive shall apply to the repair of goods purchased by consumers in the event
of a defect of the goods that occurs or becomes apparent outside the liability of the
seller pursuant to Article 10 of Directive (EU) 2019/771.

Article 2

Definitions
For the purpose of this Directive, the following definitions apply:

EN

22

EN

1.

‘consumer’ means a consumer as defined in Article 2, point (2) of Directive (EU)
2019/771;

2.

‘repairer’ means any natural or legal person who, related to that person’s trade,
business, craft or profession, provides a repair service, including producers and
sellers that provide repair services and repair service providers whether independent
or affiliated with such producers or sellers;

3.

‘seller’ means a seller as defined in Article 2, point (3) of Directive (EU) 2019/771;

4.

‘producer’ means a manufacturer as defined in Article 2, point (42) of Regulation [on
the Ecodesign for Sustainable Products];

5.

‘authorised representative’ means authorised representative as defined in Article 2,
point (43), of Regulation [on the Ecodesign for Sustainable Products];

6.

‘importer’ means importer as defined in Article 2, point (44), of Regulation [on the
Ecodesign for Sustainable Products];

7.

‘distributor’ means distributor as defined in Article 2, point (45), of Regulation [on
the Ecodesign for Sustainable Product];

8.

‘goods’ means goods as defined in Article 2, point (5), of Directive (EU) 2019/771
except water, gas and electricity;

9.

‘refurbishment’ means refurbishment as defined in Article 2, point (18), of
Regulation [on the Ecodesign for Sustainable Products];

10.

‘reparability requirements’ mean requirements under the Union legal acts listed in
Annex II which enable a product to be repaired including requirements to improve its
ease of disassembly, access to spare parts, and repair-related information and tools
applicable to products or specific components of products;

Article 3
Level of harmonisation
Member States shall not maintain or introduce in their national law provisions diverging from
those laid down in this Directive.

Article 4
European Repair Information Form

EN

1.

Member States shall ensure that, before a consumer is bound by a contract for the
provision of repair services, the repairer shall provide the consumer, upon request,
with the European Repair Information Form set out in Annex I on a durable medium
within the meaning of Article 2 (11) of Directive 2019/771/EU.

2.

Repairers other than those obliged to repair by virtue of Article 5 shall not be obliged
to provide the European Repair Information Form where they do not intend to
provide the repair service.

23

EN

3.

The repairer may request the consumer to pay the necessary costs the repairer incurs
for providing the information included in the European Repair Information Form.
Without prejudice to Directive 2011/83/EU, the repairer shall inform the consumer
about the costs referred to in the first subparagraph before the consumer requests the
provision of the European Repair Information Form.

4.

EN

The European Repair Information Form shall specify the following conditions of
repair in a clear and comprehensible manner:
(a)

the identity of the repairer;

(b)

the geographical address at which the repairer is established as well as the
repairer’s telephone number and email address and, if available, other means of
online communication which enable the consumer to contact, and communicate
with, the repairer quickly and efficiently;

(c)

the good to be repaired;

(d)

the nature of the defect and the type of repair suggested;

(e)

the price or, if the price cannot reasonably be calculated in advance, the
manner in which the price is to be calculated and the maximum price for the
repair;

(f)

the estimated time needed to complete the repair;

(g)

the availability of temporary replacement goods during the time of repair and
the costs of temporary replacement, if any, for the consumer;

(h)

the place where the consumer hands over the goods for repair,

(i)

where applicable, the availability of ancillary services, such as removal,
installation and transportation, offered by the repairer and the costs of those
services, if any, for the consumer;

5.

The repairer shall not alter the conditions of repair specified in the European Repair
Information Form for a period of 30 calendar days as from the date on which that
form was provided to the consumer, unless the repairer and the consumer have
agreed otherwise. If a contract for the provision of repair services is concluded
within the 30 day period, the conditions of repair specified in the European Repair
Information Form shall constitute an integral part of that contract.

6.

Where the repairer has supplied a complete and accurate European Repair
Information Form to the consumer, it shall be deemed to have complied with the
following requirements:
(a)

information requirements regarding the main features of the repair service laid
down in Article 5(1) point (a), and Article 6(1), point a of Directive
2011/83/EU and Article 22(1), point (j), of Directive 2006/123/EC;

(b)

information requirements regarding the repairer’s identity and contact
information laid down in Article 5(1), point (b), and Article (6)(1), points (b)
and (c), of Directive 2011/83/EU, Article 22(1), point (a), of Directive
2006/123/EC and Article 5(1), points (a), (b) and (c), of Directive 2000/31/EC;

(c)

information requirements regarding the price laid down in Articles 5(1), point
(c), and Article 6(1), point (e), of Directive 2011/83/EU and Article 22(1),
point (i) and (3), point (a), of Directive 2006/123/EC;

24

EN

(d)

information requirements regarding the arrangements for the performance and
the time to perform the repair service laid down in Articles 5(1), point (d), and
Article 6(1), point (g), of Directive 2011/83/EU.
Article 5
Obligation to repair

1.

Member States shall ensure that upon the consumer’s request, the producer shall
repair, for free or against a price or another kind of consideration, goods for which
and to the extent that reparability requirements are provided for by Union legal acts
as listed in Annex II. The producer shall not be obliged to repair such goods where
repair is impossible. The producer may sub-contract repair in order to fulfil its
obligation to repair.

2.

Where the producer obliged to repair pursuant to paragraph 1 is established outside
the Union, its authorised representative in the Union shall perform the obligation of
the producer. Where the producer has no authorised representative in the Union, the
importer of the good concerned shall perform the obligation of the producer. Where
there is no importer, the distributor of the good concerned shall perform the
obligation of the producer.

3.

Producers shall ensure that independent repairers have access to spare parts and
repair-related information and tools in accordance with the Union legal acts listed in
Annex II.

4.

The Commission is empowered to adopt delegated acts in accordance with Article 15
to amend Annex II by updating the list of Union legal acts laying down reparability
requirements in the light of legislative developments.
Article 6
Information on obligation to repair

Member States shall ensure that producers inform consumers of their obligation to repair
pursuant to Article 5 and provide information on the repair services in an easily accessible,
clear and comprehensible manner, for example through the online platform referred to in
Article 7.
Article 7
Online platform for repair and goods subject to refurbishment
1.

Member States shall ensure that at least one online platform exists for their territory
that allows consumers to find repairers. That platform shall:
(a)

EN

include search functions regarding goods, location of repair services, repair
conditions, including the time needed to complete the repair, the availability of
temporary replacement goods and the place where the consumer hands over the
goods for repair, availability and conditions of ancillary services, including
removal, installation and transportation, offered by repairers, and applicable
European or national quality standards;

25

EN

(b)

enable consumers to request the European Repair Information Form via the
platform;

(c)

allow for regular updates of contact information and services by repairers;

(d)

allow repairers to indicate their adherence to applicable European or national
quality standards;

(e)

enable accessibility through national websites connected to the Single Digital
Gateway established by Regulation (EU) 2018/1724.

(f)

ensure accessibility for persons with disabilities

2.

Member States shall ensure that the online platform also includes a search function
by product category to find sellers of goods subject to refurbishment and purchasers
of defective goods for refurbishment.

3.

Registration on the online platform for repairers, as well as for sellers of goods
subject to refurbishment and for purchasers of defective goods for refurbishment,
shall be voluntary. Member States shall determine the access to the platform in
accordance with Union law. The use of the online platform shall be free of charge for
consumers.
Article 8
Enforcement

1.

Member States shall ensure that adequate and effective means exist to ensure
compliance with this Directive.

2.

The means referred to in paragraph 1 shall include provisions allowing one or more
of the following bodies, as determined by national law, to take action under national
law before the courts or competent administrative bodies of the Member State to
ensure that the national provisions transposing this Directive are applied:
(a)

public bodies or their representatives;

(b)

organisations having a legitimate interest in protecting consumers or the
environment;

(c)

professional organisations having a legitimate interest in acting.

Article 9
Consumer information
Member States shall take appropriate measures to ensure that information on the rights of
consumers under this Directive, and on the means to enforce those rights, are available to
consumers, including on national websites connected to the Single Digital Gateway
established by Regulation (EU) 2018/1724.
Article 10
Mandatory nature

EN

26

EN

1.

Unless otherwise provided in this Directive, any contractual agreement which, to the
detriment of the consumer, excludes the application of national measures transposing
this Directive, derogates from them, or varies their effect, shall not be binding on the
consumer.

2.

This Directive shall not prevent the repairer from offering to the consumer
contractual arrangements that go beyond the protection provided for in this
Directive.
Article 11
Penalties

1.

Member States shall lay down the rules on penalties applicable to infringements of
national provisions adopted pursuant to Articles 4, 5 and 6 and shall take all
measures necessary to ensure that they are implemented. The penalties provided for
shall be effective proportionate and dissuasive.

2.

Member States shall, by 24 months from the entry into force notify the Commission
of the rules and of the measures referred to in paragraph 1and shall notify it without
delay of any subsequent amendment affecting them.

Article 12
Amendment to Directive (EU) 2019/771
In Article 13(2) of Directive (EU) 2019/771 the following sentence is added:
‘In derogation from the first sentence of this paragraph, where the costs for replacement are
equal to or greater than the costs for repair, the seller shall repair the goods in order to bring
those goods in conformity.’

Article 13
Amendment to Directive (EU) 2020/1828
In Annex I to Directive (EU) 2020/1828, point 67 is added:
‘67. Directive (EU) xx/xx of the European Parliament and of the Council of x on common
rules promoting the repair of goods and amending Regulation (EU) 2017/2394, Directives
(EU) 2019/771 and (EU) 2020/1828 (OJ L xx)’.
Article 14
Amendment to Regulation (EU) 2017/2394
In the Annex to Regulation (EU) 2017/2394, the following point 27 is added:
‘27. Directive (EU) xx/xx of the European Parliament and of the Council of x on common
rules promoting the repair of goods and amending Regulation (EU) 2017/2394, Directives
(EU) 2019/771 and (EU) 2020/1828 (OJ L xx) ’.

EN

27

EN

Article 15
Exercise of the delegation
1.

The power to adopt delegated acts is conferred on the Commission subject to the
conditions laid down in this Article.

2.

The power to adopt delegated acts referred to in Article 5(4) shall be conferred on the
Commission for a period of six years from [one month after the entry into force of
this act]. The Commission shall draw up a report in respect of the delegation of
power not later than nine months before the end of the six-year period. The
delegation of power shall be tacitly extended for periods of an identical duration,
unless the European Parliament or the Council opposes such extension not later than
three months before the end of each period.

3.

The delegation of power referred to in Article 5(4) may be revoked at any time by
the European Parliament or by the Council. A decision to revoke shall put an end to
the delegation of the power specified in that decision. It shall take effect on the day
following the publication of the decision in the Official Journal of the European
Union or at a later date specified therein. It shall not affect the validity of any
delegated acts already in force.

4.

Before adopting a delegated act, the Commission shall consult experts designated by
each Member State acting in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making.

5.

As soon as it adopts a delegated act, the Commission shall notify it simultaneously to
the European Parliament and to the Council.

6.

A delegated act adopted pursuant to Article 5(4) shall enter into force only if no
objection has been expressed either by the European Parliament or the Council
within a period of two months of notification of that act to the European Parliament
and the Council or if, before the expiry of that period, the European Parliament and
the Council have both informed the Commission that they will not object. That
period shall be extended by two months at the initiative of the European Parliament
or of the Council.
Article 16
Transitional provisions

1.

Article 5(1) and (2) and Article 6 of this Directive shall not apply to contracts for the
provision of repair services concluded before [24 months after the entry into force].

2.

Article 12 of this Directive shall not apply to sales contracts concluded before [24
months after the entry into force]

Article 17
Transposition
1.

EN

Member States shall bring into force the laws, regulations and administrative
provisions necessary to comply with this Directive by [24 months from the entry into
force] at the latest. They shall immediately inform the Commission thereof.

28

EN

When Member States adopt those measures, they shall contain a reference to this
Directive or be accompanied by such a reference on the occasion of their official
publication. The methods of making such reference shall be laid down by Member
States.
Member States shall apply those measures from [24 months from the entry into
force].
2.

Member States shall communicate to the Commission the text of the main provisions
in national law which they adopt in the field covered by this Directive and the
national online platforms on repair and goods subject to refurbishment established in
accordance with this Directive.

Article 18
Entry into force
This Directive shall enter into force on the twentieth day following its publication in
the Official Journal of the European Union.

Article 19
Addressees

EN

29

EN

This Directive is addressed to the Member States.
Done at Brussels,

For the European Parliament
The President

EN

For the Council
The President

30

EN