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EU Imports: Right to Repair Directive

The EU's Right to Repair Directive mandates new repair obligations for importers, impacting various goods and online platforms.


Directive Overview

The European Union has recently unveiled Directive 2024/1799, aimed at advancing a sustainable economy by encouraging the repair of goods rather than their premature disposal.


This directive, effective from 30 July 2024, introduces significant obligations for importers and manufacturers, including those from outside the EU.


Under the new rules, manufacturers must provide repair services upon customer request, even after the expiration of the legal warranty period. This applies to a broad range of products, such as washing machines, refrigerators, and electronic devices like smartphones and tablets.


Responsibilities for Non-EU Manufacturers

For manufacturers based outside the EU, their authorized EU representatives are responsible for these repairs. If no authorized representative is present, the importer of the goods will assume this responsibility.


Should there be no importer, the obligation will fall to the EU distributor.


Notably, third-country companies with only EU tax registrations do not meet the criteria for importers under this directive, thus shifting the repair duties to distributors.


Impact on Online Selling Platforms

This new legislation also impacts online selling platforms established within the EU. These platforms, acting as intermediaries between third-country manufacturers and EU consumers, will be classified as deemed importers. Consequently, they will need to ensure repair services are available or subcontract these services effectively.


Timeline for Implementation

Article 22 of the Right to Repair Directive requires EU Member States to have all necessary laws and regulations in place by 31 July 2026.


Conclusion

The Right to Repair Directive marks a significant shift towards sustainability by enforcing repair obligations on various stakeholders. Importers and distributors must prepare for this change by evaluating their operations and establishing mechanisms to meet the new repair requirements.


Recommendations

  1. Evaluate Repair Capabilities: Importers should assess their ability to offer repair services or arrange for such services through subcontractors.

  2. Coordinate with Manufacturers: Ensure that manufacturers provide repair services in the EU or that agreements are in place with repair service providers.

  3. Review Online Platform Policies: Online platforms must adapt their policies to comply with the new regulations, including repair obligations.

  4. Stay Informed: Keep updated with the latest developments in EU legislation to ensure compliance and avoid potential legal challenges.


By proactively addressing these requirements, businesses can navigate the new regulatory landscape effectively and contribute to a more sustainable economy.


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