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Key Facts

France

Map of France

Reception Date

02.08.23

Category

ENVIRONMENT

ENVIRONMENT

Ministries & Departments

Ministère de la transition écologique et de la cohésion des territoires

Responsible Departments

Ministères économiques et financiers

Products & Services concerned

This Order applies to televisions, pursuant to the provisions of the Decree on the procedures for applying the durability index for electrical and electronic products, and its criteria and calculation method.

Related EU Law

None

Explanation

Directive (EU) 2018/851 on waste encourages Member States to take appropriate measures to prevent waste generation. In addition, the European Circular Economy Action Plan (COM (2020) 98) includes among its objectives the improvement of the durability and repairability of products. Within the framework of Law No 2020-105 of 10 February 2020 on the fight against waste and on the circular economy and following the establishment of a European reparability index for smartphones and tablets, France wishes to gradually replace all reparability indices with durability indices, from 1 January 2024. The first categories addressed are smartphones, TVs and household washing machines.

Summary

The durability index consists of a score out of ten intended to be displayed at the time of purchase to inform consumers of the lifetime of electrical and electronic products. This index is intended to replace the French reparability index by taking into account product reliability and upgradability criteria.

Notification Timeline

This timeline summarizes key events in the notification process

Law is drafted in France France notifies the draft law 02.08.23 Draft law returns to France Commenting Periode Ends 03.11.23 2 Member States & EC Responses 0 Detailed Opinions 0 Comments 2 External Stakeholders Responses

Notification Comparison

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Document Corner
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Originating Department: Ministère de la transition écologique et de la cohésion des territoires
Responsible Department: Ministères économiques et financiers
Received: 2023-08-02 00:00:00
Country: France
Category: ENVIRONMENT

Order regarding the criteria, sub-criteria and scoring system for calculating and displaying the durability index of televisions

Notification No.: 2023-0481-FR

FRENCH REPUBLIC
Ministry for Ecological Transition and
Territorial Cohesion
Order of
regarding the criteria, sub-criteria and scoring system for calculating and displaying the
durability index of televisions
NOR: TRED2023820A
Public concerned: producers, importers, distributors or other participants on the market
for televisions and sellers of such equipment and those using an online website, platform or
other distribution channel in the course of their commercial activity in France.
Subject: criteria, sub-criteria and scoring system for calculating and displaying the
durability index of televisions.
Entry into force: the text shall enter into force 6 months after its date of publication.
Notice: this Order establishes the scoring system for the television durability index.
References: this Order can be consulted on the Légifrance website
(http://www.legifrance.gouv.fr).]
The Minister for Ecological Transition and Territorial Cohesion and the Minister for the
Economy, Finance and Industrial and Digital Sovereignty;
Having regard to Commission Regulation (EU) 2019/2021 of 1 October 2019 laying down
ecodesign requirements for electronic displays pursuant to Directive 2009/125/EC of the
European Parliament and of the Council, amending Commission Regulation (EC) No 1275/2008
and repealing Commission Regulation (EC) No 642/2009;
Order of 5 April 2024 regarding the criteria, sub-criteria and scoring system for calculating and
displaying the durability index of televisions
NOR: TRED2335005A
ELI: https://www.legifrance.gouv.fr/eli/arrete/2024/4/5/TRED2335005A/jo/texte
JORF No 0082 of 7 April 2024
Text No 34
 Annex
 Annex
 Annex
Public concerned: producers, importers, distributors or other participants on the market for
televisions and sellers of such equipment and those using an online website, platform or other
distribution channel in the course of their commercial activity in France.
Subject: criteria, sub-criteria and scoring system for calculating and displaying the durability index of
televisions.
Entry into force: the text shall enter into force 9 months after its date of publication.
Notice: the Order establishes the scoring system for the television durability index.
References: the Order can be consulted on the Légifrance website (https://www.legifrance.gouv.fr).
The Minister for the Economy, Finance, and Industrial and Digital Sovereignty and the Minister for
Ecological Transition and Territorial Cohesion,
Having regard to Commission Regulation (EU) 2019/2021 of 1 October 2019, as amended, laying
down ecodesign requirements for electronic displays pursuant to Directive 2009/125/EC of the
European Parliament and of the Council, amending Commission Regulation (EC) No 1275/2008 and
repealing Commission Regulation (EC) No 642/2009;
Having regard to the Environmental Code, in particular Article L. 541-9-2 thereof;
Having regard to Decree No of on detailed rules for the application of the durability
index for electrical and electronic products, its criteria and calculation method,
Having regard to the Code on Relations between the Public and the Administration, in particular
Article D. 323-2-1 thereof;
Having regard to Decree No 2019-1088 of 25 October 2019, as amended, on the State’s
communication and information system and the Interministerial Directorate for Digital Technology;
Having regard to Decree No 2024-316 of 5 April 2024 on the durability index for electrical and
electronic equipment;
Having regard to the notification sent to the European Commission on 2 August 2023;
Having regard to the observations made during the public consultation carried out between
5 September and 13 October 2023, in accordance with Article L. 123-19-1 of the Environmental Code;
Hereby order:
Article 1

This Order applies to televisions falling within the scope of the aforementioned Regulation of

1 October 2019.
Article 2
Pursuant to Articles R. 541-210 to R. 541-214 of the Environmental Code, the criteria, sub-
criteria and scoring system applicable to the products defined in Article 1 for calculating the
durability index according to the model are specified in Annexes I, II and III to this Order.
Pursuant to Articles R. 541-215 to R. 541-221 of the Environmental Code, the criteria, sub-criteria and
scoring system applicable to the products defined in Article 1 for calculating the durability index
according to the model are specified in Annexes II and III.
Article 3
Producers or importers of the equipment referred to in Article 1 shall upload online the data
referred to in Article R.541-236 of the Environmental Code on the single interministerial portal
intended to collect and make available public information, referred to in point 4 of Article 6 of
Decree No 2019-1088 of 25 October 2019 on the State’s information and communication system
and the interministerial directorate on digital affairs (www.data.gouv.fr) in accordance with the
terms of the open licence for the re-use of public information referred to in Article D323-2-1 of
the Code of Public Relations, as defined in the document available on
https://www.etalab.gouv.fr/wp-content/uploads/2017/04/ETALAB-Licence-Ouverte-v2.0.pdf,
which allows the free re-use of such data.
Producers or importers of the equipment referred to in Article 1 shall upload online the data referred
to in Article R. 541-218 of the Environmental Code on the single interministerial portal intended to
collect and make available public information, referred to in Article 6(4) of Decree No 2019-1088 of
25 October 2019 on the State’s communication and information system and the interministerial
directorate for digital technology (www.data.gouv.fr) in accordance with the terms of the open
licence for the re-use of public information referred to in Article D. 323-2-1 of the Code of Public
Relations, as defined in the document available on
https://www.etalab.gouv.fr/wp-content/uploads/2017/04/ETALAB-Licence-Ouverte-v2.0.pdf, which
allows the free re-use of such data.
Article 4
The Order of 29 December 2020 regarding the criteria, sub-criteria and scoring system for
calculating and displaying the repairability index of televisions, is repealed.
For models placed on the market before the entry into force of this Order and which are no
longer marketed from that date, the repairability index must be displayed up to the last unit of the
model sold.
The Order of 29 December 2020 regarding the criteria, sub-criteria and scoring system for calculating
and displaying the repairability index of televisions, is repealed.
For models placed on the market before the entry into force of this Order and which are no longer
marketed from that date, the repairability index is displayed up to the last unit of the model sold.
Article 5
The provisions of this Order shall enter into force nine months after its date of publication.
For product models placed on the market after the entry into force of this Order, the data referred
to in Article 3 shall be placed online no later than one month after the first unit has been placed
on the market.
For models placed on the market before the entry into force of this Order and which continue to
be placed on the market by the producer or importer, the data referred to in Article 3 shall be up-
loaded online no later than three months after the entry into force of this Order.
For product models placed on the market after the entry into force of this Order, the data referred to
in Article 3 shall be placed online no later than one month after the first unit has been placed on the
market.
For models placed on the market before the entry into force of this Order and which continue to be
placed on the market by the producer or importer, the data referred to in Article 3 shall be uploaded
online no later than three months after the entry into force of this Order.
Article 6
The Commissioner-General for Sustainable Development and the Director-General for Competi-
tion, Consumer Affairs and Fraud Control shall each be responsible for the implementation of
this Decree, which shall be published in the Official Journal of the French Republic.

This Order shall be published in the Official Journal of the French Republic.
Annex
ANNEXES
Annex I
Definitions applicable to the Annexes
(1) ‘Security update’: an update of the operating system, including security patches, where appli-
cable for a given device, whose main objective is to enhance the security of the device;
(2) ‘Corrective update’: an update of the operating system, including patches, the purpose of
which is to fix bugs, errors or malfunctions in the operating system;

(1) ‘ Security update’: an update of the operating system, including security patches, where
applicable for a given device, whose main objective is to enhance the security of the device.

(2) ‘ Corrective update’: an update of the operating system, including patches, the purpose of which
is to fix bugs, errors or malfunctions in the operating system.
Annex
Annex II
Criteria Family A – Repairability
CRITERION No 1 - DOCUMENTATION
Sub-criterion 1.1. Commitment of the producer regarding the availability period of technical
Criterion No 1. - Documentation
Sub-criterion 1.1. - Commitment of the producer regarding the availability period of technical
documentation
Column B Column C
Repairers Consumers
Years of availability Years of availability
0 7 9 11 0 7 9 11
to to to or to to to or more
6 8 10 more 6 8 10
0 7 9 11 11
to to to or or
0 to 7 to 9 to
6 8 10 more more
6 8 10
Type of documentation Number of points Number of points
Unambiguous product identification 0 7 9 11 0 7 9 11
Disassembly diagram or exploded view 0 7 9 11 0 7 9 11
Error and diagnostic codes 0 7 9 11 0 7 9 11
Component and diagnostic information 0 7 9 11 0 7 9 11
Software instructions (including reset) 0 7 9 11 0 7 9 11
Access to incidents reported and recorded in the 0 7 9 11 0 7 9 11
Access to incidents reported and recorded in the
0 7 9 11 0 7 9 11
equipment
Technical bulletins 0 7 9 11 0 7 9 11
Points are awarded on the basis of the following cumulative conditions:
- access to the information concerned is done directly and free of charge;
- the procedures for accessing the documentation shall be specified in a legible and comprehensible manner and
transmitted within 7 working days to any person who so requests
The maximum number of points is 242. Score for this sub-criterion = (number of points obtained / 242) x 10
Sub-criterion 1.2. Consumer support for diagnosis and repair.
- access to the information concerned is done directly, publicly and free of charge;

- the procedures for accessing the documentation shall be specified in a legible and comprehensible
manner and transmitted within 7 working days to any person who so requests
The maximum number of points is 242. Score for this sub-criterion = (number of
points obtained/242) × 10.
Sub-criterion 1.2. - Consumer support for diagnosis and repair.
The present sub-criterion is divided into two aspects:
a) The producer’s commitment to the availability of specific information for the consumer
Column C Consumers
a) The producer’s commitment to the availability of specific information for the consumer:
Consumers
Availability of specific information no yes
Number of points 0 1
The term specific information covers, at the same time, documentation that presents a specific framework for self-
repair, information on access to professional repairers as well as information enabling fault detection and actions
required in a way that is understandable to the consumer. The provision of all this information makes it possible to
attribute the point.
The term specific information covers, at the same time, documentation that presents a specific
framework for self-repair, information on access to professional repairers as well as information
enabling fault detection and actions required in a way that is understandable to the consumer. The
provision of all this information makes it possible to attribute the point.
The point shall be awarded on the basis of the following cumulative conditions:
- access to the information concerned is done directly and free of charge;
- the procedures for accessing the documentation shall be specified in a legible and comprehensible manner and
transmitted within 7 working days to any person who so requests
b) Remote assistance free of charge
Column C Consumers

Type of remote assistance free of charge None Remote Remote repair assistance
diagnostic

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Commenting Organisations

This section lists all organisations that have submitted comments on this notification. Each entry includes the organisation’s name, the number of contributions made, and a link to view their comments. Explore the list to understand which stakeholders are actively engaging in the consultation process.
Organisation Comments Date Total Contributions
AFNUM Download 2023-10-06 11
DIGITALEUROPE Download 2023-10-09 25
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