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(1) Directive (EU) 2019/771 of the European Parliament and of the Council pursues the objective of improving the functioning of the internal market, while achieving a high level of consumer protection as well as increased circularity within the economy. 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 those 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 introduced or are considering the introduction of 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 could have to adapt their services to comply with the different mandatory national rules and be 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, which apply pursuant to Regulation (EC) No 593/2008 of the European Parliament and of the Council , and to adapt their contracts for the provision of repair services accordingly. This will affect, in particular, small and medium-sized enterprises, which make up most of the repair sector. Legal fragmentation could also negatively affect consumer confidence in cross-border repair due to uncertainties regarding factors which are important for the decision to repair goods.

(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 strengthen the provisions related to the repair of goods, allowing consumers to seek affordable repair from the repair service provider of their choice. Repair should result in 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 with a view to achieving benefits for the environment, by promoting a life cycle of goods which includes re-use, repair and refurbishment, while also producing benefits for consumers by avoiding costs associated with new purchases in the short term.

(4) Consumer behaviour consists of a wide variety of aspects. When choosing between repair and purchase of a new good, decision criteria such as economic convenience, durability, availability and proximity of a repair service, and the time required for a repair play a key role. Various obstacles might prevent consumers from opting for repair. This Directive aims to address some of these obstacles.

(5) Regulation (EU) 2024/1781 of the European Parliament and of the Council lays down, in particular, supply-side requirements pursuing the objective of more sustainable product design at the production phase. Directive (EU) 2024/825 of the European Parliament and of the Council lays down demand-side requirements ensuring the provision of better information on durability and repairability of goods at the point of sale, which should enable consumers to make informed sustainable purchasing decisions. This Directive aims to complement those supply-side and demand-side requirements, by promoting repair and reuse in the after-sales phase outside the liability of the seller. In addition, Directive (EU) 2019/771 should be amended to promote repair within the liability of the seller. 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.

(6) 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 by Union law. This Directive should not affect either the freedom of Member States to regulate aspects of general contract law, such as rules on the formation, validity, nullity or effects of contracts, including the consequences of the termination of a contract, in so far as they are not regulated in this Directive, or the right to damages. This Directive should be without prejudice to Regulation (EU) 2023/988 of the European Parliament and the Council , in particular in the case of a product safety recall.

(7) Member States should remain free, where compatible with the obligations laid down in this Directive and other applicable Union law, to maintain or introduce provisions on other aspects of promoting the repair of goods which could complement the rules set out in this Directive, for example regarding commercial guarantees, the existence of repair service centers or financial incentives to repair.

(8) In order to fully exploit the benefits of this Directive, it should apply to all goods. However, the provisions concerning the obligations to repair and to inform as specified in this Directive should only apply to goods for which repairability requirements are provided for by Union legal acts.

(9) Repairability 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 (EU) 2024/1781, to cover a broad range of goods as well as future developments in any other field of Union law.

(10) Repairers are to provide consumers with key information on their repair services. In order to facilitate the consumer’s free choice to decide by whom to have goods repaired and to help identify and choose suitable repair services, repairers should be able to use on a voluntary basis the standardised European Repair Information Form provided in Annex I to this Directive. The European Repair Information Form should comprise the key parameters that influence consumer repair decisions, such as the nature of the defect, the price and the time within which the repairer undertakes to complete the repair. If the repairer offers additional services such as transportation, the individual costs of those services should be indicated. 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 (EU) 2019/882 of the European Parliament and of the Council . The European Repair Information Form could allow consumers to assess and easily compare repair services, including alternative repair offers, and facilitate the provision of information on repair services, in particular for micro, small and medium-sized enterprises. Repairers would gain more legal certainty since by using and filling in correctly the European Repair Information Form, they would be deemed to fulfil their legal obligations, in particular with respect to provision of certain pre-contractual information pursuant to Directive 2011/83/EU of the European Parliament and the Council . The standardised presentation of key information via the European Repair Information Form would improve clarity and transparency contributing to greater consumer trust in repair services.

(11) If the repairer provides the European Repair Information Form, it should do so within a reasonable period of time, which should correspond to the shortest possible period of time after the request and before the consumer is bound by a contract for the provision of repair services. Where no European Repair Information Form is provided, a consumer should also be able 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.

(12) The European Repair Information Form should be provided free of charge. However, there are situations in which a repairer needs to perform a diagnostic service, i.e. inspecting the goods to identify the nature of the defect or the type of repair. In such cases, the repairer should be able to request the consumer to pay the necessary costs that he incurs, including labour or transportation costs. 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 diagnostic service and before the provision of the European Repair Information Form. Consumers should be able to refrain from requesting the diagnostic service where they consider that the costs for obtaining the diagnostic service are too high. If the consumer chooses to have the good repaired, the repairer should be able to deduct such costs from the price of the repair. This is without prejudice to Member States’ rules on mandatory deduction of such costs. The deduction could be communicated through the European Repair Information Form.