After years of campaigning, the European Union has finally adopted a repair clause that allows consumers the freedom to choose visible spare parts for repairs. This long-awaited decision, pushed by the European Campaign for the Freedom of the Automotive Parts and Repair Market (ECAR) since its inception in 1993, grants citizens the right to affordable and accessible repairs. The repair clause, already in place in some EU countries, ensures that while manufacturers retain design rights over entire products, visible “must match” spare parts (such as car body panels, headlights, and windscreens) can be freely selected by consumers for repair purposes. On October 10, 2024, following a final vote by the Council of the EU, this harmonized clause was added to the EU Design Directive and confirmed in the Design Regulation.
A Boost to Circular Economy and Consumer Rights
In a circular economy, consumers should have the freedom to choose the spare parts they use for repairs, independent of the original brand. This reform ensures that design rights can no longer be used to create monopolies on visible spare parts, thus preventing manufacturers from exploiting intellectual property laws to limit competition. This change applies to the automotive aftermarket as well as other sectors, marking a significant shift towards more affordable and sustainable repair options for consumers.
A Milestone for Social and Economic Fairness
This agreement comes after more than 30 years of discussions and debates in Brussels, Strasbourg, and national capitals. Consumer associations, independent automotive aftermarket operators, and insurers all played key roles in supporting the reform. Allowing consumers to choose from a wider range of suppliers will increase purchasing power and make repairs more accessible across various industries, contributing to a socially fair and sustainable economy.
For designs registered under the EU Design Directive after the three-year transposition period, the repair clause will be immediately enforceable. However, due to differing views among Member States regarding existing registered designs, a compromise was reached: for eight years following the directive’s enforcement, Member States that had not yet liberalized their markets will still be allowed to protect design rights on visible spare parts.
Increased Legal Certainty and Market Stability
A key part of the reform is the presumption of repair intent for independent manufacturers and sellers of spare parts. This ensures that these businesses are not burdened with proving their products are solely for repair purposes, protecting them from costly legal disputes with design right holders. However, they are required to clearly indicate the commercial origin and manufacturer of the product, allowing consumers to make informed choices.
Once fully implemented, the repair clause is expected to bring significant economic and social benefits. European consumers in the automotive sector alone could save between EUR 450 million and EUR 720 million annually due to increased competition, which will also help combat inflation. The reform is set to boost job creation and support over 500,000 SMEs in the European automotive aftermarket, which employs around 4.5 million people. Furthermore, it opens the door for all consumer goods governed by intellectual property design laws to benefit from competitive, independent spare part suppliers.
Source www.ecar-alliance.eu
