The signing of the Association Agreement between San Marino and the European Union should pave the way for greater protections for consumers, starting with guarantees on used products and the right to repair. This is the request made by ASDICO, the San Marino Consumer Protection Association, which draws attention to the differences that still exist between San Marino’s rules and European legislation.
For the association, regulatory harmonisation can translate into “stronger rights and greater transparency.” The issue concerns the ability to repair a product, use it for longer, and purchase second-hand or refurbished goods with adequate guarantees.
ASDICO points to recent developments in Italy on the right to repair, citing Legislative Decree No. 176/2026, which came into force on 22 October, as the measure transposing European Directive 2024/1799.
“For certain categories of products, including washing machines, refrigerators, smartphones and tablets, the measure introduces an obligation for manufacturers to carry out repairs even outside the legal warranty period, either free of charge or at a reasonable price, within the limits set by the legislation,” the statement reads.
The association also notes that, during the warranty period, choosing to repair a defective item results in a twelve-month extension of the seller’s liability, applicable only once. The new provisions, ASDICO adds, strengthen protections against unjustified technical obstacles, making it easier to access spare parts and supporting the work of independent repairers.
The connection to household spending is one of the central points of the statement. According to ASDICO, extending the lifespan of products — including through refurbishment and the second-hand market — can reduce waste, raw material consumption and costs for citizens. “However, for these alternatives to be truly accessible, we need reliable guarantees, affordable prices and transparent information.”
“Sustainability cannot depend solely on consumers’ individual awareness: it must be supported by rules that make responsible choices economically advantageous and safe as well,” the association argues.
In San Marino, ASDICO recalls, Delegated Decree No. 160/2024 introduced a comprehensive framework for consumer rights, including a two-year legal guarantee and the possibility of obtaining free repair or replacement of a defective product. However, some differences remain compared to European provisions.
One concerns precisely second-hand goods purchased from professional sellers. “San Marino’s legislation allows, through an agreement between seller and consumer, for the duration of liability for non-conformity to be reduced to as little as six months. The European Directive 2019/771, by contrast, establishes that any agreed reduction cannot fall below one year,” the statement points out.
The period during which a defect that emerges after purchase is presumed to have already existed at the time of delivery also differs: six months under San Marino’s legislation, compared to at least twelve months under European rules, according to the comparison provided by ASDICO.
“These are aspects that directly affect consumers’ ability to assert their rights, especially when purchasing used products from professional sellers,” the association observes.
Finally, ASDICO points out that the Association Agreement already includes Directive 2019/771 among the European acts on consumer protection. The more recent Directive 2024/1799 on the right to repair, it notes, does not yet appear to be expressly included.
