OPINION
New EU repair rules can shift liability to importers and distributors
By Ferry Vermeulen, Co-Founder of 24hour-AR T
he EU’s new right-to-repair rules are now in force, creating new obligations for businesses that manufacture, import, or distribute certain products in the EU.
The Directive (EU) 2024/1799 on common rules promoting the repair of goods became applicable from 31 July 2026. The rules are designed to make repairs easier for consumers, but they also create new compliance, cost, and contractual considerations for businesses, particularly where products are supplied by manufacturers outside the EU. For businesses in the cycle trade, the rules may apply to
certain products incorporating light means of transport batteries, including products associated with e-bikes. The directive does not apply to bicycles generally, so businesses need to establish exactly which products fall within its scope. The most significant change for businesses in the supply chain is that, in certain circumstances, the legal obligation to repair can move beyond the manufacturer. For a covered product made by a non-EU manufacturer, responsibility can pass to its EU authorised representative, then to the importer, and ultimately to the distributor if there is no importer. That means businesses need to understand not only whether a product can be repaired, but who is legally responsible for making sure it can be repaired.
What has changed under the EU right-to-repair rules? The new directive builds on existing consumer protection rules but adds a separate repair obligation for certain products. Until now, when a customer got a faulty product, a business could usually fall back on the existing seller liability and guarantee rules. The new directive builds on existing consumer protection rules but adds a separate repair obligation for certain products.
26 | November 2026
Where the relevant repairability requirements apply, and repair is possible, manufacturers must repair covered goods when a consumer requests it, free of charge or for a reasonable price and within a reasonable period. The obligation applies to repairs outside the seller’s liability under the existing legal guarantee framework. Articles 5 and 6 of the directive apply only to goods for which
repairability requirements are established by the EU legislation listed in Annex II.
For businesses, the practical effect is a shift from viewing
repair primarily as a consumer remedy to treating it as a potential supply-chain responsibility. For the cycle trade, the current scope covers goods that
contain light means of transport batteries; this is where e-bike products sit. For cycle businesses, that means the rules should not
be interpreted as a blanket right to repair for all bicycles. However, certain products incorporating light means of transport batteries can fall within the directive’s scope, so businesses dealing with e-bike-related products should determine which products are covered.
Who becomes responsible when the manufacturer is outside the EU? The biggest issue for non-EU brands may be where the repair obligation lands. Article 5 sets out a clear sequence. Where a manufacturer with a repair obligation is established outside the EU, its authorised representative in the EU must perform the manufacturer’s repair obligation. If there is no EU authorised representative, the obligation passes to the importer. If there is no importer, it passes to the distributor. Each of these parties can subcontract the actual repair work, but subcontracting does not remove the underlying obligation.
www.bikebiz.com
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