Two important pieces of legislation have passed through the European Parliament in recent months – the directive on common rules to promote the repair of goods and the so-called Ecodesign Regulation. In the following lines, we will try to present the Directive and the Regulation with examples from the life of a consumer. We will also point out possible pitfalls and reveal the meaning of the EU legislators’ actions.

Ecodesign Regulation

The effort to achieve greater environmental friendliness is the leitmotif of much of the legislation emerging at the EU level. The Ecodesign Regulation is no exception to this. It focuses on goods placed on the European market, which according to the directive should lead to a circular economy and sustainability.

In the case of the Ecodesign Regulation, the weapon chosen by European legislators to combat the negative impact of human activity on the environment is the attempt to eradicate unfair commercial practices in the marketing campaigns of traders who misuse slogans such as “environmentally friendly” or “green” product without appropriate certificates. The plan also includes a ban on false claims about the durability of products or their load capacity and other type characteristics. There will probably also be an end to the unsolicited destruction of textile products.

The obligations arising from the Regulation will be born primarily by traders. The advantages and pros of the legislative action should be felt by the end customer – the consumer. By increasing protection of the weaker side, the EU is continuing a long-term trend also visible at national level. In the Czech Republic, for example, we are familiar with the recently adopted amendment to the Consumer Protection Act banning fake discounts, fake reviews and the offer of dual quality products.

In addition to the misuse of “eco” slogans, the regulation also combats the use of components that cause premature failure of goods. Parts that serve no purpose other than to force the consumer to buy a new product. The emphasis here is on extending the working life of products. Businesses should provide detailed information on the possibility of repairing goods, including the compatibility of product parts with competitors’ parts.

Directive to support the repair of goods

The main objective of the Directive is to extend the life of products by encouraging consumers and traders to repair them when they are defective or damaged. One of the most important measures to achieve this objective is the Directive’s obligation for traders to offer to repair goods such as washing machines, tumble dryers, personal computers or mobile phones if the consumer exercises his rights on grounds of defective performance. The trader will always have this obligation if the cost of repairing the goods is lower than the cost of replacing them. In the event that the returned goods are repaired, the warranty period is subsequently extended by a further 12 months in accordance with the Directive.

Traders’ obligation to repair certain types of goods will continue beyond the warranty period and the consumer will be entitled to borrow a replacement product during the repair period. The Directive also introduces an information obligation for traders to inform consumers about their right to have a product repaired and provides for the creation of an online platform to provide transparent information on prices and estimated repair times for individual product defects. This platform will provide consumers with the ability to objectively compare repair offers and increase their accessibility to the end customer.

The European Commission estimates that consumers would save EUR 120 billion, or over CZK 3 trillion, due to the current changes to legislation to improve sustainability. The new efforts in this area promise additional money saved in the wallets of EU end customers.

The consumer bears the greatest risk associated with the Ecodesign Regulation and the Directive to promote the repair of goods, as well as their benefits. The cost of producing products in line with other European legislation may rise and sustainable products may end up being significantly more expensive than at present. Even today, consumers can see in shops that the ‘organic’ sticker on a product often indicates a higher price. However, once the Regulation comes into force, he will be able to be sure that the product in question is properly certified to use such a label. Of course, the regulation also brings an increased bureaucratic burden for traders.

Example from practice

Czech consumer Jan Novák bought a new washing machine two weeks after the implemented directive came into force. When he looked at the same model a month ago, it was reportedly environmentally friendly. Because he cared about nature and was concerned about the lack of certification, he decided at the last minute to opt for another model that was slightly more expensive, but labelled as ecologically produced. In addition, this qualification has been confirmed by an official certificate. Jan Novák has also been complaining about his old phone for a long time, he’s had it for several years, it is slow, does not take good pictures, and it shuts down on its own. So, he threw a new smartphone into the basket as well.

After two years of using both appliances, he expected that at least his mobile phone would need to be switched to a new model – after all, his phones always started to slow down after that time, the response time was getting longer, the functionalities were becoming obsolete. Now, however, it worked without a problem, even after another half a year of use. While the mobile worked like new, the washing machine suffered a worse fate. Of the original five programmes only one worked, and only for coloured linen – while Jan Novák has a conservative black and white wardrobe. The consumer was dismayed, when he found the invoice for the washing machine in his email and realised that the deadline for exercising his rights on grounds of defective performance had already passed. He noted, however, that the given email included a manufacturer’s warning that he was not previously aware of; up to three years after purchase, it said, he could have the washing machine repaired at a significantly better price than it would cost to buy a new one. And so, he did that.

Jan Novák, the consumer in the above hypothetical story, unknowingly benefited from the adopted European legislation. He did not buy a washing machine he originally liked because it was falsely labelled as environmentally friendly before the directive came into force. After two years, he did not have to buy a new mobile phone because the manufacturer did not put the component causing the premature failure in it. He did not have to replace the broken washing machine with a new one, even though the warranty period had already expired.

The reality, unlike the wardrobe in this example, will probably not be black and white – it is necessary to observe how the Czech legislator implements the directive and how the regulation will work in practice. At the same time, it cannot be ruled out that resourceful traders will find other than expected ways to deal with the new regulations.