Decarbonisation

Legislative timetable of the new measures for spare parts

Published on 1st Dec 2021

New measures and obligations regarding spare parts have been mainly specified in law n°2020-105 of 10 February 2020 on the fight against waste and the circular economy (known as the "AGEC Law") and law n°2021-1104 of 22 August 2021 on combating climate change and strengthening resilience to its effects (known as the "Climate Law"). 

1. Already in force 

  • Information and availability of spare parts: information is due from the manufacturer to the seller concerning the availability of spare parts. The seller passes this information to consumers before they make a purchase.  

For the period the spare parts have been declared as available, there is an obligation to provide spare parts to professional sellers or repairers within two months, whether or not they are authorized repairers. 

Sanction: administrative fine of €3,000 for an individual and €15,000 for a company. 

  • Access to spare parts by professional repairers: It is forbidden to limit a professional repairer's access to spare parts for the repair of products. 

Sanction: 2 years imprisonment and a fine up to €300,000 for an individual and €1.5 million for a company. The amount of the fine can be increased to 5% of the average annual turnover, calculated on the last 3 annual turnovers.

2. As of 1 January 2022

  • Information and availability of spare parts: the obligation to provide information on the availability of spare parts for manufacturers or importers of products is revised, in particular for manufacturers and importers of electrical and electronic equipment and household appliances, small IT and telecommunications equipment, screens and monitors: 
    •  The pieces of information to be provided are specified, and they must respect certain delivery formalities.
    •  For a list of products, some spare parts must be available for a minimum period. Two draft decrees have already been published for smartphones and laptops, but are not yet in force. 
    • Spare parts must now be handed over to professional sellers or authorized and unauthorized repairers during the period they were declared as available, within 15 working days (instead of 2 months).

Sanction: from 1 January 2023: administrative fine up to €75,000 for a company (and €15,000 for an individual).

  • Service and repair providers of (i) electrical and electronic equipment and (ii) medical equipment must offer consumers the possibility to opt for spare parts from the circular economy instead of new parts.

3. As from January 1, 2023

  • The obligation to make some spare parts available for a minimum time period is extended to new products : 
    • motorized DIY tools and gardening tools;
    • sports and leisure goods, including bicycles, electrically assisted bicycles and motorised personal transport devices.

Sanction: administrative fine up to €75,000 for a company (and €15,000 for an individual). 

  • For these products, maintenance and repair providers will be required to offer spare parts from the circular economy instead of new ones. 

Sanction: administrative fine of up to €15,000 for companies/legal persons and €3,000 for individuals / natural persons. 

  • New exceptions in intellectual property :
    • Exceptions to authors' rights on spare parts: right to reproduce, use and market, parts intended to restore the original appearance of a motor vehicle or trailer without the author's authorization
    • Same exception for rights conferred by the registration of a design. 

4. As of January 1, 2024

Producers or their eco-organization must now take back, free of charge, used vehicles from private individuals from their usual parking spot, in order to promote the reuse of the vehicle’s spare parts. 

5. What's next?

The bill aimed at reducing the environmental footprint of digital technology in France was adopted by the Senate in second reading and enacted on 15 November. This new law provides for additional information requirements on spare parts to refurbishers. In addition, the law bill aims to extend the ban limiting the access that reuse and recycling professionals have to spare parts.  

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* This article is current as of the date of its publication and does not necessarily reflect the present state of the law or relevant regulation.

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