A Bill amending and supplementing the Act on the Provision of Digital Content and Digital Services and on the Sale of Goods (the “Bill”) has been submitted to the National Assembly. The Bill proposes to transpose the requirements of Directive (EU) 2024/1799 on common rules promoting the repair of goods.

The proposed amendments concern both the relationship between sellers and consumers within the statutory guarantee period and the options for repair after its expiry. Their main objective is to encourage the repair of defective consumer goods instead of their premature replacement with new goods.

Repairs Within the Statutory Guarantee Period

Where goods purchased by a consumer do not meet the conformity requirements, the consumer submits a complaint to the seller, who is responsible for bringing the goods into conformity. Under the rules currently in force, the consumer may generally choose between repair and replacement of the goods. The Bill preserves this option but creates an additional incentive to choose repair.

More specifically, where the consumer chooses repair instead of replacement, the statutory guarantee period will be extended by one year. Sellers will be required to inform consumers both of their right to choose between repair and replacement and of the extension of the guarantee period where repair is chosen. If the Bill is adopted as proposed, the new rule will apply to contracts for the sale of goods concluded after 30 July 2026.

The amendments also expand the objective conformity requirements applicable to goods. Where provided for by the applicable EU legislation, goods will also have to be repairable. Repairability is characterized by the possibility of disassembling the goods and identifying and replacing defective components, as well as by the general availability of the spare parts, tools and information necessary to carry out a repair. The Bill aims to make repair the preferred remedy for bringing goods into conformity, particularly where the cost of repair is lower than the cost of replacement.

The above rules concern the seller’s liability within the statutory guarantee period. In this situation, the consumer is not required to find a repair shop or another person to repair the goods. Arranging the repair is the seller's responsibility.

Repairs After Expiry of the Statutory Guarantee

A separate group of amendments envisaged in the Bill concerns the need for repair arising after expiry of the statutory guarantee. For certain categories of goods for which EU legislation lays down repairability requirements, manufacturers will be required to offer repair directly or through a subcontractor even after the guarantee period has expired. The repair will have to be carried out free of charge or for a reasonable price and within a reasonable period. The period during which this obligation will apply will depend on the EU-law requirements applicable to the relevant category of goods.

Where the manufacturer is not established in the European Union, the repair obligation may apply to its authorized representative or, in the absence of such a representative, to the importer or distributor of the relevant goods. The affected categories include certain washing machines and washer-dryers, dishwashers, refrigerating appliances, electronic displays, vacuum cleaners, mobile and cordless phones, and tablets.

In the above circumstances, the manufacturer’s obligations also include making spare parts available and providing the information necessary for repair. Manufacturers will not be permitted to introduce contractual terms that hinder or restrict the above consumer rights, except in exceptional cases.

The manufacturer will also be unable to refuse repair solely because the goods have previously been repaired by another person. At the same time, the consumer will not be required to use the manufacturer’s services. After expiry of the statutory guarantee, the consumer will be able to choose whether to request repair from the manufacturer or another obliged person, or to entrust the repair to an independent repair service provider.

Information and Access to Repair Services

Outside the relationship between the consumer and the seller, the Bill provides that persons who repair goods in the course of their business may use the so-called European Repair Information Form. Where a consumer approaches such a person for an out-of-guarantee repair, the form may be used to provide a standardized offer containing information on the identified defect, the repair required, its price and completion time, as well as the remaining terms of the service. If diagnostics are required in order to prepare the offer, they may be carried out for a fee, of which the consumer must be informed in advance. Use of the form will not be mandatory, but the terms specified in it may not be changed for a period of 30 calendar days. If the consumer accepts them within that period, the repair will have to be performed under the proposed terms.

Directive (EU) 2024/1799 also provides for the European Commission to establish a European online platform for the repair of goods, which will include a national section for Bulgaria. The platform will not be used to submit statutory guarantee claims to the seller. Its purpose is to assist consumers in finding repair service providers, sellers of refurbished goods and purchasers of defective goods.

The platform will be available free of charge and will provide options to search by type of goods and location, as well as information on the conditions and indicative time required to complete the repair. The Bill designates the Consumer Protection Commission as the national contact point for the Bulgarian section of the platform.

If adopted as proposed, the amendments will affect different market participants depending on the applicable regime. For repairs within the statutory guarantee period, sellers will have to adapt the information provided to consumers and their complaint-handling procedures. For out-of-guarantee repairs, the affected manufacturers, their representatives, importers and distributors will have to arrange for the provision of repair services, spare parts and information, while independent repair service providers will be able to use the new form and the European platform. Businesses falling within the scope of the future rules should therefore assess, in due time, their impact on their contracts, internal procedures, information materials and relationships with business partners.

This article has been prepared for and is part of the Legal Digest issued by Penkov, Markov & Partners. The publications therein do not constitute legal advice and are not binding. Penkov, Markov & Partners reserves all rights to this material, and any distribution thereof is subject to the prior written consent of the law firm.