The European Ecodesign Directive sets certain requirements for product groups for which energy consumption is particularly relevant – for example, dishwashers, washing machines, refrigerators and televisions.
(Photo: dpa)
Berlin Consumer advocates consider this situation to be typical: Defects occur in electrical and electronic items and motor vehicles exactly after the two-year manufacturer’s guarantee has expired.
The justice ministers of the federal states should now advocate more “sustainability in civil law”. It provides for a resolution proposal from North Rhine-Westphalia for the Justice Ministers’ Conference on November 11th and 12th in Berlin.
“We all see the demands that climate change makes on us,” said NRW Minister of Justice Peter Biesenbach (CDU) the Handelsblatt. “Products have to be more durable than before and must not end up in the garbage once they have just passed the warranty period.”
All customers should be able to see at a glance which products are really sustainable when they buy, says Biesenbach. Even products that would have to be disposed of after a few years because the spare parts were missing could not score in terms of sustainability.
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That is why direct claims from customers should also be discussed in order to be able to continue to obtain spare parts for dishwashers, washing machines and the like after the warranty period has expired. Biesenbach assured that he would work to ensure that the Justice Ministers’ Conference would give “a strong impetus for more sustainability of consumer goods in Europe”.
Under the leadership of North Rhine-Westphalia, the justice ministers of the federal states had already set up a working group in 2019 that dealt with the question of how the sustainability of products can be improved with the aid of civil law. The report of the working group will now be discussed at the conference.
Customers should be able to find out about the service life in advance
According to the NRW Ministry of Justice, the report proposes the introduction of “sustainability-related information obligations” in order to promote the production and sale of more sustainable consumer goods. Accordingly, information obligations, for example about the service life or the availability of spare parts, can help to support the “ecological awareness” of consumers.
According to the ministry, the working group pointed out that the examination of such a solution at the European level had already begun. The aim here is to protect consumers from the risk of “information overload”. So you shouldn’t get caught in a flood of information that overwhelms you. Entrepreneurs, especially smaller traders, should be protected from being overwhelmed.
According to the recommendations, the justice ministers can also take a look at the “sustainability-promoting product design specifications” and strengthen civil law enforcement here.
The background is the European Ecodesign Directive. This makes certain specifications for product groups for which energy consumption is particularly relevant – for example, dishwashers, washing machines, refrigerators and televisions. Here, specific minimum requirements apply to the product design in order to improve the environmental compatibility of these products.
End users should be able to take action directly against the manufacturer
Take household dishwashers as an example: Since March 2021, certain spare parts such as motors and heating elements must be made available by the manufacturer for at least seven years after the last copy was sold. These parts must be able to be replaced with generally available tools and without permanent damage to the device.
So far, only the market surveillance authorities monitor compliance with these ecodesign requirements. In future, according to the Ministry of Justice of North Rhine-Westphalia, end users could take action directly against manufacturers if they fail to comply with EU requirements.
This must happen within a certain period of time, which should be longer than the statutory warranty period. Because typically there is a need to purchase spare parts only when signs of wear and tear on a product become apparent after the warranty period has expired.
The customer would thus be able to enforce the requirements that are to be complied with under civil law.
In addition, the working group has evidently also highlighted the advantages and disadvantages that arise from an extension of the statutory limitation periods. It is a matter of creating incentives for long-lasting products to be produced. One way would be to extend the statutory limitation periods for certain product groups, in particular for electrical and electronic equipment such as household appliances, televisions, computers or stereo systems as well as for motor vehicles.
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