Last October, the European Commission issued a negative opinion on the legislation introducing a durability index for smartphones in France. It considers that this measure contravenes EU law, as the energy label for smartphones will soon include a European ‘repairability index’, albeit based on different criteria.
The problem is that this European index is far less ambitious than what HOP and other stakeholders have managed to achieve in France. And whilst such harmonisation across all Member States is desirable to inform more than 450 million people about product sustainability, it must not come at the cost of a lax approach. Whilst we share the same laudable objectives in France as we do across Europe, the method matters a great deal. The devil is always in the detail!
The recent European measures are to be welcomed as they will enable greater sustainability in many areas. For smartphones, these include the requirement to make spare parts available for at least seven years (compared with five years currently in France), the inclusion of the number of years of software update support in the European index, and the reference to a ‘reasonable price’ for spare parts in the Right to Repair Directive.
The key criteria missing from the index format chosen by Europe
- As well as awarding points to manufacturers who merely comply with regulations, the European index does not take the price of spare parts into account. Yet this is a key factor in assessing a product’s reparability, as the cost of repair is the main deterrent for 68 per cent of French people. It is for these reasons that the criterion was included in the French index. HOP fears a risk of greenwashing, with brands potentially achieving good reparability scores whilst repairs are, in reality, financially out of reach.
- The index will form part of the energy label alongside other information, without an aggregate score. This scattered information will not enable consumers to make quick comparisons between different products. Under these circumstances, it will be difficult for them to know whether they are investing in a product that is objectively more sustainable and repairable.
- Compared with the French index, many sustainability factors are not included on the energy label. In total, 22 sustainability criteria form part of the French durability index, and only 5 of these are included in the European index.
HOP is aware of the efforts made by the French Ministry to try to persuade the Commission to change its mind and allow the durability index for smartphones to be introduced after all. Despite these attempts, the durability index for smartphones in France will not be introduced, much to the regret of HOP and many other organisations committed to repair, who have worked towards the implementation of this scheme.
In France, the new durability index for washing machines and televisions is not expected to appear on shop shelves or online until the end of 2024. The implementing regulations are due to be published in mid-March, but they are scheduled to come into force nine months after publication. As for the energy label for smartphones, it will be introduced in June 2025 across the European Union.
