EU: Commission consults on initiative for sustainable consumption of goods which favours repair over replacement

The creation of a circular economy is at the heart of the European Green Deal, with the focus on ensuring products are fit for a climate-neutral and resource-efficient economy. In March 2020, the European Commission published a Circular Economy Action Plan to help decouple economic growth from resource use. One of the key initiatives is to develop a framework to make sustainable products, services and business models the norm and ensure products are efficient, affordable, last longer and are designed for reuse, repair and recycling - thus moving away from a “take-make-use-dispose” model and avoiding unnecessary waste. There is also a focus on providing consumers with better information and tackling false green claims.

In January 2022, the European Commission published a call for evidence and a public consultation on an initiative for the sustainable consumption of goods. The main objective is to encourage consumers to use consumer goods for a longer time, by repairing defective goods and by purchasing more second-hand and refurbished goods. According to the Commission, one of the main causes for the premature disposal of goods lies in the difficulties with repairing broken products. 

The initiative will lead to a proposal for an amendment of the Sale of Goods Directive and a new initiative on the right to repair (which will involve either an amendment to the Sale of Goods Directive or will be set out in a separate legal instrument).

The Commission is considering several legislative and non-legislative options, including:

• Encourage voluntary business commitment to promote repairs and refurbished goods (non-legislative).
• Extend the legal guarantee period beyond two years for new goods that consumers choose to repair and for second-hand and refurbished goods (amendment to the Sale of Goods Directive).
• Make repair the preferred legal remedy when less expensive than replacement (amendment to the Sales of Goods Directive).
• Mandatory obligation for producers and sellers to repair goods beyond the legal guarantee period, eventually for free (new right to repair within the Sale of Goods Directive or in a separate legal instrument).

The call for evidence and public consultation close on 5 April. The Commission intends to publish a legislative proposal in Q3 2022.

Meanwhile, the new German government has announced that it has similar plans for a right to repair (see here).