At the start of the new year, the anti-waste and circular economy law presents us with its new decrees. On the agenda: mandatory availability of spare parts and obligations to offer spare parts from the circular economy.
Decree no. 2021-1943 of December 31, 2021 on the availability of spare parts for laptops and multifunction cell phones
Decree no. 2021-1944 of December 31, 2021 on the use of spare parts from the circular economy for the repair and maintenance of household electrical or electronic equipment, frames the parts, according to product category, for which repair professionals will have to offer spare parts from reuse and/or reconditioning to consumers as part of a repair. A final decree n°2021-1945 of December 31, 2021 completes this obligation by framing consumer information on the conditions of sale of spare parts from the circular economy.
Why a measure on the obligation to offer parts from the circular economy?
The aim of this measure is twofold. On the one hand, reduce the use of materials by encouraging the use of used, reconditioned or re-used spare parts rather than new ones. Secondly, to reduce the cost of the repair bill by using parts from the circular economy, which are less expensive than new parts.
As with the automotive industry, we can only hope that this measure will stimulate the creation of value chains for these parts.
In concrete terms, how will Decree no. 2021-1944 of December 31, 2021 be applied?
In practice, repairers and, more generally, professionals marketing repair and maintenance services for household appliances, small IT and telecommunications equipment, screens and monitors, will have to offer parts from the circular economy in their repair services and quotes, in addition to new parts.
This decree does not apply to products repaired under the legal guarantee of conformity. This rule can also be waived if the time required to supply the part is incompatible with the reasonable downtime of the asset.
“Art. D. 224-35. – As part of an offer to provide maintenance or repair services for equipment requiring the use of a part in a category mentioned in article R. 224-32, the professional allows the consumer, before the latter accepts the offer, to opt for the use of a corresponding part from the circular economy.”
It should be noted, however, that the professional may not have any spare parts from the circular economy, in which case he or she should clearly notify you.
What categories of equipment are covered by this obligation?
Several product categories are covered by this new AGEC decree.
The decree covers household washing machines and dryers, household dishwashers and refrigerators. For electronic products, this includes televisions and monitors, laptops and cell phones.
Which parts will be affected, depending on the equipment category?
Circular-economy parts for household washing machines and washer-dryers
Doors and hinges; door locking assemblies; plastic accessories such as detergent dispensers; motors; transmission between motor and drum; pumps; dampers and springs; washing drums ;
drum crosses and corresponding bearings; heat generators and heating elements (resistance), including heat pumps; pipes and related equipment, including all hoses, valves, filters and safety systems to prevent water leaks; printed circuit boards; electronic displays; thermostats and sensors.
Circular economy parts for household dishwashers
Hinges; spray arms; inner baskets, plastic accessories such as baskets and lids; motors; circulation and drain pumps; heat generators and heating elements, including heat pumps; piping and related equipment, including all hoses, valves, filters and safety systems to prevent water leaks; structural and interior elements related to door assemblies; printed circuit boards; electronic displays; thermostats and sensors.
Circular economy parts for refrigerators
Thermostats; temperature sensors; printed circuit boards; light sources; door handles; door hinges; trays and bins.
Circular-economy parts for TVs and monitors
Internal power sources; external power sources; connectors for external equipment; capacitors; batteries and accumulators; DVD/Blu-Ray modules; HD/SSD modules.
Circular economy parts for laptops
Mass storage components (HDD – SSD); display devices; batteries; power connectors; chargers; motherboards; RAM; fans; heat sinks; keyboards; ports; connectors.
Obligation to make parts available for 5 years: what electronic equipment is concerned?
Decree no. 2021-1943 of December 31, 2021 specifies that laptops and multifunction cell phones will be covered by the 5-year mandatory spare parts availability period. Tablets and other mobile thin-client laptops are excluded from this decree.
For laptops, the parts concerned by the obligation to make them available are :
Mass storage components (HDD – SSD); display devices; batteries; power connectors and chargers; as soon as the product goes on sale. Then, within two years of going on sale: motherboards; RAM; fans; heat sinks; keyboards; ports and connectors.
For smartphones, the parts concerned by the obligation to make them available are :
Display devices; batteries; front cameras; back cameras; chargers; as soon as the product goes on sale. Then, no later than two years after going on sale: charging connectors; connectors; motherboards; buttons; microphones; speakers.
While the lead time for spare parts seems reasonable for smartphones, given the recurrent disruptive innovations in these products, it seems rather short for computers. Nevertheless, we welcome this step forward, which may just be the beginning.