New Reparability Decrees in France

SG 54/23

On April 22, 2023, France published Decrees No. 2023-293, 294 and 295 in relation to Article 30 of its Climate and Resilience Law. These aim to improve the reparability of motorized DIY and gardening tools, sports and leisure equipment and motorized travel equipment.

On April 22, 2023, France published three new decrees in the Official Journal covering the availability of spare parts for the following products: motorized DIY and gardening tools, sports and leisure equipment and motorized personal transport devices. These texts aim to guarantee that spare parts, including spare parts from the circular economy, are made available for the maintenance and repair of defined products. This will contribute towards the implementation of a circular economy where resources are used more responsibly and sustainably, give consumers greater choice when choosing parts for repair – new versus circular economy parts – and reduce the environmental impact of these products by extending their life span.

Article 30 of the Climate and Resilience Law requires producers to make spare parts available during the marketing period and includes a minimum period of availability for these parts. The article also requires repairers, outside of the legal guarantee, to offer an alternative for certain new spare parts from the circular economy.

Decree No. 2023-293 lists the spare parts producers are obliged to make available for each type of product. The first list contains spare parts that must be made available as soon as the first unit of a model is put onto the market and the second list contains spare parts that must be made available within two years of it being marketed. It also specifies a minimum period of availability for these parts, which follows the date the last unit of a model was placed onto the national market. 

Decree No. 2023-294 provides a framework for the use of second-hand parts, from the circular economy, for the maintenance or repair of listed products. Based on the same model as Article 2023-294, the decree lists the second-hand parts that may be offered for the equipment concerned. If the second-hand parts are not available at the time of the maintenance or repair service, or if the use of these parts does not guarantee the safety of the consumer, this obligation is lifted. 

Decree No. 2023-295 requires clear, visible and legible communication on the conditions of sale of second-hand parts, in the context of repair or maintenance services, at the entrance to the premises or on the website. This information must be provided in a "durable medium".

Furthermore, the trader must obtain the customer's consent and must specify that he allows the consumer to choose the cheapest and/or most readily available spare part when there is a multiple choice of spare parts.

Link 1st decree
Decree N°2023-293 – for manufacturers and importers
 
List of products and spare parts that must be made available, when they must be made available, and for how long:

• List of motorized DIY and gardening tools Art. R. 111-4-4
• List of sports and leisure items Art. R. 111-4-5
• List of motorized personal transport devices Art. R. 111-4-6

Link 2nd decree
Decree N°2023-294 – for professionals offering maintenance and repair services

Professionals offering maintenance and repair services are obliged to offer parts from the circular economy (components and elements resulting from a preparation operation with a view to their reuse within the meaning of the provisions in ArticlesL. 541-1-1 and L. 541-4-3 of the Environmental Code).

Services provided free of charge or within the framework of legal guarantees are excluded.

This obligation is suspended when:

• Parts from the circular economy are not available at the time of service (Article L. 216-1)
• User safety is not assured

List of spare parts by product concerned

Link 3rd decree

Decree N°2023-295 – consumer information on the conditions of sale of parts from the circular economy in the context of maintenance or repair services

Products concerned: motorized DIY and gardening tools, sports and leisure equipment and motorized personal transport devices.

The service provider must:

• Inform the consumer by clear, visible and legible display (physical and digital):
• The possibility to opt for the use of parts from the circular economy for repair or maintenance
• Refer to parts from the circular economy as ‘circular economy parts’ 
• NB. traders are not obliged to offer categories of parts in the case of equipment listed in Article R. 224-51
• As part of a maintenance or repair service offer:
• Clearly present to the consumer the full range of options and consequences in terms of repair/maintenance time and cost when several spare parts from the circular economy are on offer
• Include in the offer reservations about the service – e.g., spare parts not available, consumer safety not assured, etc.
• Note the consumer's choice, if at the time of repair or maintenance a circular economy spare part was not available
• Keep a copy of the documents for a period of two years

Through a global network of laboratories, SGS provides a wide range of services, including specific country regulations, physical/mechanical testing, analytical testing and consultancy work for technical and non-technical parameters applicable to a comprehensive range of consumer products. After all, it’s only trusted because it’s tested. Contact us for more information or visit our website dedicated to the circular economy.