DIGITALEUROPE contribution to TRIS notification 2020/468-473/F (French proposed repairability index for electronic equipment)

Executive Summary

In this paper, DIGITALEUROPE provides comments on the proposed French repairability index now being reviewed by the European Commission under the framework of the notification procedure.

DIGITALEUROPE’s members are committed to providing sustainable products and services and support the overall ambition of the proposal to empower consumers to take part in the circular economy. Our members enable consumers to take part in the circular economy through numerous strategies, including providing transparent information on the sustainability credentials of our products and services, facilitating access to repair, and offering trade-in programmes and refurbished products.[1]

However, we express several concerns about the feasibility and efficacy of the proposal. As an overall point, DIGITALEUROPE recommends that regulation to tackle digital policy issues of this nature take into account the broader EU-wide debate and leads to a harmonised approach, to avoid further fragmentation of the single market. More specifically, we highlight the following issues with the proposed French decree:

• Risk of fragmentation of the internal market by the proliferation of national scoring and labelling requirements;
• Increased regulatory, technical, financial and administrative burdens for businesses when introducing products onto the French market;
• Insufficient time for companies to implement and comply (less than two months).

Based on these concerns, DIGITALEUROPE specifically requests that the Commission:

• Request that France postpones the implementation deadline to (i) give businesses chance to adapt and (ii) take into account any further developments at EU level (e.g. the announced EU proposal on ‘empowering consumers for the green transition’);
• Assesses the proposed French Repairability Index and its compatibility with maintaining the integrity of the Single Market;
• Seek assurance from the French government that the Index will be reviewed and amended where needed, in view of the ongoing EU policy and legislative proposals;
• Request that the French government reinstates authorised repair networks in the calculation of the Index.

[1] See previous DIGITALEUROPE position papers: A vision for sustainable consumers: consumer information, repair and product lifetimes, 23 July 2020,  A comprehensive EU product policy framework, 24 January 2019.