Fixing instead of scrapping: Federal government sets "right to repair" in motion

The federal government wants to put an end to a networked world of devices where the smartphone often ends up as electronic waste after a display breaks and the washing machine is considered a total loss after the first bearing damage. On Wednesday, the Federal Cabinet set the government's draft bill for a law to promote the repair of goods in motion. It is intended to transpose a far-reaching EU directive, which Germany had rather slowed down, into national law and will now go to the Bundestag and Bundesrat.

The goal is to establish a sustainable circular economy. Manufacturers will thus be obliged for the first time to repair their products for many years instead of urging consumers to buy new ones.

The centerpiece of the planned new regulation is a repair obligation for manufacturers of certain technical product groups such as smartphones, tablets, dishwashers, and refrigerators. The deadlines are considerable: for large white goods such as washing machines or dryers, a repair obligation of at least ten years is planned. Smartphones must remain repairable for at least seven years. The decisive factor is that these periods only start to run from the moment production of the respective model is discontinued. Manufacturers will only be able to evade this obligation in the future if a repair is practically impossible.

Spare parts at fair prices and software openness

The federal government wants to lower the hurdles for repair and therefore stipulate that spare parts and tools must be offered at reasonable prices. High cost estimates that could deliberately deter consumers from repairing should become a thing of the past. In addition, the draft provides for a ban on software locks or technical protection measures that hinder repair. This explicitly applies to independent workshops or the use of compatible spare parts and 3D printing components, provided that no compelling safety reasons speak against it.

Changes are also to be made to the classic warranty law to stop the trend towards quick replacement. So far, many customers prefer a new device in the event of a defect within the first two years, as repairs often take time. Here, the government wants to create a tangible incentive: Anyone who opts for repair instead of a new delivery in the event of a defect will benefit from an extension of the warranty period by twelve months. The original period of two years thus increases to three years, which is intended to strengthen confidence in the longevity of repaired goods.

Repairability as a quality feature

Furthermore, according to the plan, repairability itself will be elevated to a legally relevant quality feature. If a product cannot be repaired, although this can usually be expected for goods of this type, it will constitute a material defect in the future. This is intended to give customers additional legal leverage against sellers. To increase transparency, a voluntary European information form will also be introduced. Companies that use it must provide binding information on the price and duration of the repair, to which they are bound for 30 days.

The new requirements are to come into full force by July 31, 2026, at the latest. For the industry, this means a change: it must not only maintain spare parts warehouses but also expand the necessary service infrastructure.

Federal Minister of Justice Stefanie Hubig (SPD) emphasized: Repair must become easier and more attractive to protect the environment and wallets. With the 1:1 implementation of the EU requirements, Germany is taking an important step towards a repair society. Consumer advocates, on the other hand, demanded considering the previous draft bill: Repair should become even easier, faster, and more affordable. The project is not sufficient for this.

(vbr)