Committee on Technical Barriers to Trade - Notification - France - Spare parts for motorized DIY and gardening tools, sports and leisure goods, electric bicycles and motorized personal transport devices

NOTIFICATION

The following notification is being circulated in accordance with Article 10.6.

 

1.

Notifying Member: FRANCE

If applicable, name of local government involved (Articles 3.2 and 7.2):

2.

Agency responsible:

Ministère de l'Economie, des Finances et de la Souveraineté industrielle et numérique (Ministry for the Economy, Finance and Industrial and Digital Sovereignty)

Direction générale de la concurrence, de la consommation et de la répression des fraudes (Directorate-General for Competition, Consumer Affairs and Fraud Prevention)

Bureau des produits industriels - 5A

59, boulevard Vincent Auriol

75703 PARIS Cedex 13

bureau-5A@dgccrf.finances.gouv.fr

Name and address (including telephone and fax numbers, email and website addresses, if available) of agency or authority designated to handle comments regarding the notification shall be indicated if different from above:

3.

Notified under Article 2.9.2 [X], 2.10.1 [ ], 5.6.2 [ ], 5.7.1 [ ], 3.2 [ ], 7.2 [ ], other:

4.

Products covered (HS or CCCN where applicable, otherwise national tariff heading. ICS numbers may be provided in addition, where applicable): - Motorized DIY and gardening tools (such as lawnmowers of all types, chainsaws, hedge trimmers, brush cutters, motorized cultivators, motor hoes, electric-powered garden shredders and high-pressure cleaners);

- Sports and leisure goods (bicycles, non-motorized scooters, recreational tents, table tennis tables, treadmills, cross trainers, stationary bikes and rowing machines);

- Electric bicycles;

- Motorized personal transport devices (including electric scooters, hoverboards, etc.)

5.

Title, number of pages and language(s) of the notified document: Décret relatif à la disponibilité des pièces détachées pour les outils de bricolage et de jardinage motorisés, les articles de sport et de loisirs, les bicyclettes à assistance électrique et les engins de déplacement personnel motorisés (Decree on the availability of spare parts for motorized DIY and gardening tools, sports and leisure goods, electric bicycles and motorized personal transport devices) (10 pages, in French)

6.

Description of content: The notified Decree is issued pursuant to Article L. 111-4-1 of the Consumer Code, which requires producers (manufacturers and importers) of motorized DIY and gardening tools, sports and leisure goods, electric bicycles and motorized personal transport devices to make spare parts for such equipment available during the marketing period of the model concerned and for a minimum additional period after the date on which the last unit of this model is placed on the market (a period of not less than five years in accordance with the law).

The Decree thus establishes the list of categories of products concerned and their spare parts to be made available on the market, the dates from which the spare parts are available during the marketing of the products, as well as the additional minimum periods after the date on which the last unit of the model concerned is placed on the market.

7.

Objective and rationale, including the nature of urgent problems where applicable: The repair and maintenance of consumer goods most often require the replacement of original parts with replacement parts, called spare parts. Thus, in order to allow consumers to repair products or have them repaired and extend their service life, the availability of spare parts is an important issue. In this context, the objective of this Decree is to facilitate the repair of targeted product categories by improving the availability of spare parts. The aim is to promote the extension of the service life and use of these products. The targeted product categories present significant challenges with regard to repair as these products are widely used by consumers and the costs of purchasing new products or of repairing the products are significant; Not specified

8.

Relevant documents:

Article L. 111-4-1 of the Consumer Code, as amended by Article 30 of Law No 2021-1104 of 22 August 2021 on combatting climate change and strengthening resilience to its effects.

9.

Proposed date of adoption: 28 December 2022

Proposed date of entry into force: 1 January 2023

10.

Final date for comments: 60 days from the date of notification

11.

Texts available from: National enquiry point [ ] or address, telephone and fax numbers and email and website addresses, if available, of other body:

https://members.wto.org/crnattachments/2022/TBT/FRA/22_6947_00_f.pdf