SWITZERLAND Trends and Developments Contributed by: Annemarie Lagger and Amina Chammah, Walder Wyss Ltd
remain adequate or if legislative amendments will be required. Ecodesign and the Right to Repair EU Ecodesign for Sustainable Products Regulation Regulation (EU) 2024/1781 establishing a frame - work for the setting of ecodesign requirements for sustainable products (ESPR) replaces the for - mer EU Ecodesign Directive (Directive 2009/125/ EC) and covers nearly all physical goods placed on the EU market. It empowers the Commis - sion to adopt delegated acts specifying product- specific requirements on durability, reparability, recyclability, substances of concern, energy efficiency, and minimum recycled content. The ESPR also introduces a digital product pass - port to improve traceability, compliance and consumer information. Certain reporting obliga - tions are already in force for large entities. Fur - ther implementation will be phased per product category, beginning with a ban on the destruc - tion of unsold apparel, clothing accessories, and footwear, effective from 18 July 2026. EU Right to Repair Directive Directive (EU) 2024/1799 on common rules pro - moting 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 cat - egories (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 standardises information through a repair form. The Repair Directive applies to manufacturers established in or represented by an author - ised 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 proposed by the above EU legislation, but is partially aligned with the currently applicable EU law. In Switzerland, the following regula - tions 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 annexes to the Ordinance. The Ordinance outlines the minimum requirements for energy consumption, energy efficiency, the energy per - formance testing procedure and corresponding labelling requirements. The EEO mainly refers to the currently applicable product specific EU legislation, including the regulations regarding reparability, availability of spare parts, provi - sion of relevant firmware, security updates and repair-related information. On 1 January 2025, an amendment to the Swiss Environmental Protection Act (EPA) came into force aiming to strengthen the circular economy and reduce environmental pollution. Among oth - ers, the revised EPA sets out the following provi - sions. • It provides for the obligation to reuse or recy - cle waste if this is technically possible and economically viable and has less impact on the environment than alternative disposal or the manufacture of new products (Article 30d, EPA). • It authorises the Federal Council to: (a) impose requirements in proportion to the environmental impact of products and packaging, in particular with regard to (i) the lifespan, repairability and recyclability
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