Ref. Ares(2022)537265 - 24/01/2022
07 June 2021
RREUSE response to the consultation on an EU
Sustainable Product Initiative
As the network of social enterprises active in re-use, repair and recycling, RREUSE is expecting the
implementation of the SPI with anticipation. We believe that developing resource efficiency
requirements for products through ecodesign will be a milestone in the development of products that
are fit for a circular economy. To ensure that products still hold value when reaching the second-hand
market, the first step is to make them durable and repairable.
However, RREUSE would like to raise the Commission’s attention towards the risks of developing
solutions wherein independent operators and consumers are excluded from the process. The social
impact of developing a circular economy can only be positive if all actors work in a symbiotic way.
RREUSE would, therefore, like to make the following recommendations:
Ensure that new circular business models truly implement the waste hierarchy and do not
encourage the development of repair/maintenance monopolies by producers/importers
Develop the product passport with relevant maintenance and repair information, making it
available on the product itself to ensure the information is available on the second-hand
market
Ensure that the product passport not only contains information on how the product should
be recycled at the end of life, but also on how the product can be repaired/reused
Lower the cost of repair/re-use (eg. through the use of repair vouchers or lower VAT) while
driving up the price of new products
Lower the price of spare parts or make producers/importers commit to maximum prices for
the spare parts that are associated to their products (and make that information accessible
on the product passport)
Develop minimum average lifetimes, determined by categories of products, that, if not
respected by producers/importers, will result in sanctions
Tax the advertisement of new products
In addition to these recommendations, RREUSE would like to give more details on the logic behind its
responses to the consultation. Indeed, it was often difficult for RREUSE to express its views through a
rating system or through agreeing or not to statements made in the questionnaire. Please find these
recommendations on the following pages with references to the questions and statements made in
the consultation.
RREUSE is grateful for the support of the EU Commission's Programme for Employment and Social
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Innovation "EaSI". The information contained in this publication does not necessarily reflect the position
or opinion of the European Commission.
1.A To what extent do you agree that the following market-related statements explain why products
sold in the EU are not more sustainable?
RREUSE agrees that “
b. Products such as electronics become obsolete quickly because of
technological innovations”, but fear that such an affirmation justifies the argument that technological
innovations are good enough reasons to encourage the early replacement of functioning products.
Innovation, instead of driving up consumption, must now be used to improve the design of more
durable and repairable products.
RREUSE is also not comfortable with agreeing to the following statement: “
i. The cost of repairing a
product is too high, in comparison with buying a brand new product”. RREUSE would, however,
strongly agree with the following statement: “
The cost of repairing a product is high, in comparison
with buying a brand new low-quality product”. Even though the first statement is sometimes true if
repairing a product or buying it second-hand is compared with purchasing a low-quality product, it is
not the case if it is compared to the purchase of a new product of an equivalent quality.
RREUSE also disagrees with the following statement: “
j. For electronics, as well as for fashion
products, there are not enough places where products can be repaired”. Even though this might be
true in certain regions, we think that access to repair services is still available for people who actually
wish to have access to these services. It is the strong competition with new products that is the issue
for this sector.
2.A Design for sustainability - sustainability requirements for products
As set out in the CEAP, the Commission intends to set product design rules and general product
requirements to foster the overall sustainability of products in the EU. Among other aspects, these
rules should cover:
improving product durability, reusability, upgradability and reparability, addressing the
presence of hazardous chemicals in products, and increasing their energy and resource
efficiency;
increasing recycled content in products, while ensuring their performance and safety;
enabling remanufacturing and high-quality recycling;
reducing carbon and environmental footprints;
restricting single-use and countering premature obsolescence.
In your view, how effective would the following measures be in achieving these objectives? Please
rate the choices below from 1 to 5, with 1 denoting low preference and 5 high preference.
RREUSE strongly supports the following measures:
“e. Require producers/importers to ensure
information on repairability is provided on or with a product”; “f. Require producers/importers to
ensure information on access to repair services is provided on or with a product”; j. Require
producers/importers to ensure information on a product’s average expected lifespan is provided on
or with a product”; “k. Require producers/importers to ensure information on the chemical content
of a product is provided on or with a product”. However, the decision of making the information
available
“on or with the product” should not be left to producers/importers. It must be clear that,
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for certain types of products (e.g. EEE, textiles, furniture, toys and every product that has value on the
second-hand market), the information has to be accessible on the product itself. This would facilitate
access to this information for second-hand operators.
In addition, RREUSE only partly agrees with the following measure: “
g. Require producers/importers
to offer product guarantees, which could include "commitment to free repair as first remedy" in case
of failures and a "commitment to upgrade the product periodically”. RREUSE believes that this
requirement could be more inclusive for independent professional repairers and re-use operators. If
third parties replace or repair failing products still under guarantee, there will be a reduction in the
amount of time needed to give consumers access to a functioning product. This would also avoid the
development of repair/maintenance monopolies by producers/importers. This would also trigger the
creation of partnerships between the producers/importers and the repairers/refurbishers. RREUSE,
therefore, suggests the following measure instead: “
Require producers/importers (P/Is) to offer
product guarantees including a "commitment to free repair by independent repairer as first
remedy" or a “commitment to free replacement by a refurbished similar product”.
2.D.1.a The ways in which businesses operate strongly influence how products are produced and
consumed. The table below presents several (non-exhaustive) categories of circular business models,
together with a brief description of them. How effective do you think these models can be in terms
of encouraging more sustainable production and consumption patterns? Please rate from 1 to 5,
with 1 denoting low impact and 5 high impact.
a. Product-service systems (i.e. users do not buy the product from manufacturers/owners but rather
the service associated with the product, e.g. car leasing. This means that the manufacturer/owner
is responsible for repairing and maintaining the product, thus incentivizing better reparability and
potentially longer lifespan of the product)
RREUSE fears that the development of product-service systems will counter the development of a
right to repair. Consumers need to have a choice when deciding how to repair their products. Being
able to repair their products on their own or through independent professional repairers will be
difficult in product-service systems. Therefore, there are high risks of seeing repair/maintenance
monopolies developed by producers/importers if these business models become the norm.
In addition, product-service systems’ sustainability still needs to be demonstrated. In a context where
the price of raw materials and wages in manufacturing countries are low, it is not impossible to see
providers of these services favouring the replacement of products instead of repairing/maintaining
them. The providers might also offer services where the user can frequently replace/exchange their
products (this can be expected in the fashion or high-tech sector), risking putting even more stress on
the use of resources.
b. Collaborative and sharing economy (i.e. where sharing of products replaces purchasing, e.g. for
power tools or other products that consumers use only occasionally. As a result, less resources are
used to satisfy the same needs)
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The collaborative and sharing economy can serve as a tool ensuring the use of certain products is more
circular. However, it needs to be regulated in order to avoid unintended consequences or rebound
effects. Shared products will still need to be designed to be durable and repairable, and access to
these products must be supervised by operators who will repair/maintain them. To put it shortly,
these models should be designed based on the model of public libraries and not on the model of
shared e-scooters.
c. Reverse logistics (i.e. where the reverse transport of products, from consumer to producer, is
arranged in view of repair or reuse. e.g. beer bottles or old phones)
Reverse logistics models can help collect unused but valuable products, though they need to be
designed in an inclusive way to make the repair or re-use of the collected products possible for third
parties. Again, operators with access to these products should not only be producers/importers.
RREUSE SUGGESTS ADDING ANTOHER BUSINESS MODEL: Second-hand shops (i.e. where used
products are collected through direct donations or other means of collection and tested, cleaned,
repaired by skilled operators in order to make these products available again on the market)
RREUSE is highly concerned by the omission of a circular business model that has proven effective and
successful, though it still needs support to improve its availability, quality and professionalism.
Second-hand shops, especially when held by social enterprises, help create inclusive, local, durable
and quality jobs in the EU whilst helping low income households access low-priced and quality goods.
If products are made to last and be easily repaired by third parties, second-hand shops and
independent repairers might be enough to significantly improve the sustainability of the EU’s
consumption model.
2.E Incentives for circularity
Regulatory, market and reputational incentives are necessary to encourage more sustainable
production and consumption patterns. The Commission is examining what the most effective
measures in this respect are, and how products can be rewarded based on their sustainability
performance.
In your view, how important are the following measures? Please rate the choices below from 1 to 5,
with 1 denoting low preference and 5 high preference.
Financially rewarding the most sustainable products is commendable, but these products also have
an environmental impact. Financial incentives supporting the purchase of sustainable products might
have the unintended consequence of encouraging the purchase of products that are not necessarily
needed by consumers. Even through improved product sustainability, the price of new products
should rise rather than decrease in order to redirect consumers towards more sustainable
consumption patterns. Activities preventing the purchase of new products (repair and re-use) must,
therefore, be incentivised in priority, for example through the use of reduced VAT or repair/re-use
vouchers.
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For more information please contact Mathieu Rama, Senior Policy Officer – xxxxxxx.xxxx@xxxxxx.xxx ,
www.rreuse.org
RREUSE is a non-profit network organisation representing social enterprises active in the circular
economy, notably in re-use, repair and recycling. RREUSE currently has 30 members from 26
countries in Europe and the USA, federating a wider network of approximately 850 individual
social enterprises. These organisations collectively handle 1 million tonnes of goods and
materials annually through which they provide job and training opportunities to over 100,000
individuals, many of whom are at risk of social exclusion. RREUSE’s mission is to ensure that
policies, innovative partnerships and exchange of best practices promote and develop the role
of social enterprise and local inclusive jobs in the circular economy.
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