Inspired by similar initiatives in France and at European level, Belgium is introducing the obligation to display a repairability and durability index for certain products on the market. The Act on the promotion of the repairability and durability of goods was adopted on 17 March 2024 and the first Royal Decrees needed to implement the Act were published last month in the Official State Gazette.
The first Royal Decree determines the goods covered by the reparability index, the technical standards for establishing the scores for each of the criteria and the method for calculating the reparability index. The second Royal Decree determines the methods of communication, the format of the reparability index and accessibility to technical standards. Third, there is the Ministerial Decree determining the conditions for displaying the reparability index. The three decrees concern the reparability index. To date, no royal or ministerial decree has been adopted concerning the durability index.
Here's what you need to know:
1) What are the repairability and durability indexes?
The repairability index is the score calculated on a scale of 1 to 10, in accordance with objective criteria, which assesses the feasibility of dismantling and repairing a product.
The durability index is the score calculated on a scale of 1 to 10, in accordance with objective criteria, which also assesses the feasibility of dismantling and repairing a product, but adds the assessment of its robustness and reliability.
- Robustness: How well does the product withstand wear, stress and usage over time?
- Reliability: How likely is it that the item will function as intended throughout its expected lifespan?
2) As of when should these indexes be displayed?
The obligation to display repairability and durability indexes will enter into force on 2 May 2025. However, the provisions relating to controls and penalties will come into force at a later date, yet to be determined by the Belgian government.
3) Who is responsible for this obligation?
Manufacturers/importers: Anyone who, as a manufacturer or importer, places goods covered by the obligation to display a durability/repairability index on the Belgian market for the first time. They must calculate the repairability or durability index and communicate the relevant index to the resellers of these goods.
Sellers and distributors: The sellers and distributors of the goods must communicate the repairability index or the durability index to consumers, as communicated by the manufacturers or importers.
4) What are the product categories impacted by the obligation to display a durability/repairability index?
REPAIRABILITY INDEX
The following products are covered by the repairability index:
- dishwashers;
- vacuum cleaners;
- high-pressure cleaners;
- lawnmowers;
- laptops, excluding tablets;
- bicycles;
- electric bicycles; and
- electric scooters.
DURABILITY INDEX
According to the draft Royal Decree on durability, the following household appliances would be covered by the durability index:
- washing machines; and
- televisions.
For these goods, it will no longer be necessary to display a repairability index. The durability index will do, because it includes the repairability assessment.
Are used items impacted by the law?
No, used items are not governed by this legislation. Sellers of second-hand goods must not use any repairability or durability index.
5) What information should be displayed?
REPAIRABILITY INDEX
- Display the repairability index as a score out of 10 (to one decimal place) near the price.
- Include a URL or QR code next to the price for easy access to technical standards and calculation details via a designated website.
DURABILITY INDEX
The same information as for the repairability index (subject to approval in the Royal Decree that still needs to be adopted).
6) What if the information displayed is not accurate?
Sellers cannot be held responsible for the accuracy of the information made available to them by manufacturers or importers, nor are sellers liable if the required information is not made available to them.
7) What are the risks associated with non-compliance?
Failure by manufacturers or importers to comply with the calculation and communication obligations and failure by sellers and importers to comply with the display obligations carry a penalty fine of between EUR 800 and EUR 120,000.
The Repairability and Durability Act of on 17 March 2024 is available here in French and in Dutch.
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