SWITZERLAND Trends and Developments Contributed by: Annemarie Lagger, Amina Chammah and Isabell Schellhas, Walder Wyss Ltd
Ecodesign and the right to repair EU Ecodesign for Sustainable Products Regulation Regulation (EU) 2024/1781 establishing a framework for the setting of ecodesign requirements for sustain - able products (ESPR) replaces the former EU Ecode - sign Directive (Directive 2009/125/EC) and covers nearly all physical goods placed on the EU market. It empowers the Commission to adopt delegated acts specifying product-specific requirements on durabil - ity, reparability, recyclability, substances of concern, energy efficiency, and minimum recycled content. The ESPR also introduces a digital product passport to improve traceability, compliance and consumer infor - mation. Certain reporting obligations are already in force for large entities. Further implementation will be phased per product category, beginning with a ban on the destruction of unsold apparel, clothing acces - sories and footwear, effective from 18 July 2026. EU Right to Repair Directive Directive (EU) 2024/1799 on common rules promoting the repair of goods (the “Repair Directive”) introduces a right for consumers to demand the repair of selected goods both during and after the warranty period. It obliges market operators to offer repair services for certain product categories (currently limited to certain electronic devices) and ensures access to spare parts and technical documentation. Further, it provides for a free online repair platform at EU level and stand - ardises information through a repair form. The Repair Directive applies to manufacturers established in or represented by an authorised representative within the EU. If no such representative exists, the EU-based importer assumes full responsibility. Member states are obliged to transpose the Repair Directive into national law by 31 July 2026 at the latest. Swiss approach Switzerland has not (yet) adopted the changes pro - posed by the above EU legislation, but is partially aligned with applicable EU law. In Switzerland, the following regulations relating to the ecodesign and reparability of products are in place. The Swiss Energy Efficiency Ordinance (EEO) applies to certain electronic equipment specified in the annex - es to the Ordinance. The Ordinance outlines the mini - mum requirements for energy consumption, energy
efficiency, the energy performance testing procedure and corresponding labelling requirements. The EEO mainly refers to the currently applicable product-spe - cific EU legislation, including the regulations regard - ing reparability, availability of spare parts, provision of relevant firmware, security updates and repair-related information. Additionally, the Swiss Environmental Protection Act (EPA) sets out the following provisions. • The obligation to reuse or recycle waste if this is technically possible and economically viable and has less impact on the environment than alterna - tive disposal or the manufacture of new products (Article 30d, EPA). • The Federal Council is authorised to: (a) impose requirements in proportion to the environmental impact of products and packag - ing, in particular with regard to (i) the lifespan, repairability and recyclability of products; (ii) the avoidance of harmful effects and the increase of resource efficiency during the life cycle; (iii) standardised, comparable, visible and compre - hensible labelling and information; and (iv) the introduction of a repair index (Article 35i, EPA); and (b) oblige manufacturers, importers and foreign online retail companies that place products on the market that are suitable for recovery to pay a prepaid disposal fee (Article 32abis, EPA). So far, the Federal Council has exercised its compe - tence only with regard to one new Ordinance on Pack - aging (see below) and certain changes with respect to waste management. However, given Switzerland’s former partial alignment with EU law in this field, fur - ther developments are likely. Notably, already in 2023, the Federal Council was tasked by the Swiss Parlia - ment with drafting a bill to align Swiss warranty and consumer remedies law, including the right to repair, with EU standards. This draft is still pending. Packaging legislation Regulation (EU) 2025/40 on packaging and packag - ing waste (the “Packaging Regulation”) establishes an updated legal framework to reduce the environmental impact of packaging across the EU. It aims to reduce
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