The last major decisions have been made. Thursday 1er February, the European Parliament and the European Council, whose views diverged, are reached a political agreement on a “right to repair” reinforced, which will apply to several electronic and household appliances, including smartphones and screens.
According to this draft directive, consumers will be able to demand that their broken product be repaired by its manufacturer rather than replaced during its two-year legal warranty, provided that repair is cheaper than replacement. The manufacturer must continue to offer affordable repairs for five to ten years after sale, even if the product is no longer covered by warranty. On request, he must also give an estimate of the cost of the repair via an online service. In addition, any repair will entitle you to a one-year warranty extension, compared to six months today.
Still according to this European directive, manufacturers will no longer be able to use hardware or software techniques to hinder the repair of devices with generic spare parts or parts made using 3D printing. This could prevent Apple from restricting the operation of its iPhones when unofficial, and therefore not “serialized,” parts are installed. A big step forward, for the manufacturer of Fairphone telephones and for the Stop Planned Obsolescence (HOP) association, both interviewed by Le Monde. The latter calls for remaining vigilant: “We hope that the final text will not include a list of exceptions at the very last moment”warns Flavie Vonderscher, HOP advocacy officer.
On the question of the availability of spare parts, which conditions access to repairs, the text proposed by the European Parliament was amended following negotiations with the council: it no longer specifies that these parts must be accessible at a price “reasonable and non-discriminatory »as the deputies wanted, but at a price “reasonable which does not deter repair”.
“Very limited” inventory of affected products, according to HOP
A change which, for some observers, looks like a compromise. “ This change is not trivialjudge Agnès Crepet, head of software sustainability at the manufacturer Fairphone. We no longer find in this part of the text the mention of independent repairers, whose interests seem to me to be less well defended. » They only have access to spare parts from certain brands at dissuasive prices. “We will see the prices, but I am not optimistic. » HOP, for its part, is less pessimistic. “ The term “which does not dissuade repair” seems to me to provide necessary clarification to the term “reasonable price”, even if a certain vagueness still reigns. »she concedes.
The list of affected products includes mobile phones and tablets, washing machines, dishwashers, refrigerators, displays, vacuum cleaners, data storage products and welding equipment. An inventory “very limited” according to HOP, which regrets that not all electrical and electronic devices are covered. In the future, however, it could be extended, in particular to electric bicycle batteries.
The text is being finalized, “which notably involves its review by lawyers”explains to World a spokesperson for the European Parliament. When the Right to Repair Directive comes into force, probably later this year, EU member states will have twenty-four months to comply.