5.2 Sale of spare parts (transition to a circular economy)

Kurzbeschreibung

Sale of spare parts (164). The economic activity does not include replacement of consumables, such as printer ink, toner cartridges, lubricants for moving parts or batteries and maintenance. The economic activity relates to spare parts that are used in products manufactured by economic activities classified under the NACE codes C26 Manufacture of computer, electronic and optical products, C27 Manufacture of electrical equipment, C28.22 Manufacture of lifting and handling equipment, C28.23 Manufacture of office machinery and equipment (except computers and peripheral equipment), C28.24 Manufacture of power-driven hand tools and C31 Manufacture of furniture. The economic activities in this category could be associated with several NACE codes, in particular G46 and G47 in accordance with the statistical classification of economic activities established by Regulation (EC) No 1893/2006.

Wirtschaftsaktivität (EU-Taxonomie)

Rechtsakt: 2023/2486, Anhang II, Abschnitt 5.2

Umweltziel: transition to a circular economy

NACE-Codes: C26, C27, C28.22, C28.23, C28.24, C31, G46, G47

Beschreibung

Sale of spare parts (164). The economic activity does not include replacement of consumables, such as printer ink, toner cartridges, lubricants for moving parts or batteries and maintenance. The economic activity relates to spare parts that are used in products manufactured by economic activities classified under the NACE codes C26 Manufacture of computer, electronic and optical products, C27 Manufacture of electrical equipment, C28.22 Manufacture of lifting and handling equipment, C28.23 Manufacture of office machinery and equipment (except computers and peripheral equipment), C28.24 Manufacture of power-driven hand tools and C31 Manufacture of furniture. The economic activities in this category could be associated with several NACE codes, in particular G46 and G47 in accordance with the statistical classification of economic activities established by Regulation (EC) No 1893/2006.

Technische Bewertungskriterien

Technical screening criteria Substantial contribution to the transition to a circular economy 1. The economic activity consists of the sale of spare parts beyond legal obligations. 2. The economic activity complies with the following criteria: (a) each sold spare part is covered by a sales contract where relevant and in accordance with provisions as regards conformity of the product, liability of the seller (165) (including the option of a shorter liability or limitation period for second-hand products), burden of proof, remedies for lack of conformity, the modalities for the exercise of those remedies, repair or replacement of the goods, and commercial guarantees; (b) each sold spare part for a product replaces, or intends to replace in the future, an existing part in order to restore or upgrade the product’s functionality, in particular in case where the existing part is broken. 3. Where the economic activity involves delivery of packaged products to customers (physical person or legal person) including when the activity is operated as an e-commerce (166), the primary and secondary packaging of the product complies with one of the following criteria: (164) ‘Spare part’ means a separate part of a product that can replace a part of a product with the same or similar function. The product cannot function as intended without that part of the product. The functionality of a product is restored or is upgraded when the part is replaced by a spare part in line with Directive 2011/65/EU. Spare parts may be used parts. (165) The conformity of the product and the period of liability of the seller are set in accordance with the relevant provisions of Directive (EU) 2019/771. (166) ‘E-commerce’ can be defined generally as the sale or purchase of goods or services, whether between businesses, households, individuals or private organisations, through electronic transactions conducted via the internet or other computer-mediated (online communication) networks, see Eurostat Statistics Explained Glossary, available at: https://ec.europa.eu/eurostat/statistics-explained/ index.php?title=Category:Glossary. OJ L, 21.11.2023 ELI: http://data.europa.eu/eli/reg_del/2023/2486/oj 74/164 (a) the packaging is made of at least 65 % recycled material. Where the packaging is made from paper or cardboard, the remaining primary raw material are certified by the Forest Stewardship Council (FSC), the Programme for the Endorsement of Forest Certification Schemes (PEFC International), or equivalent recognised schemes. Coatings with plastics or metals are not used. For plastic packaging only mono-materials without coatings are used, halogen- containing polymers are not used. A declaration of compliance is provided specifying the material composition of the packaging and the shares of recycled and primary raw material; (b) the packaging has been designed to be reusable within a reuse system (167). The system for reuse is established in a way that ensures the possibility of reuse in a closed-loop or open-loop system. Do no significant harm (‘DNSH’) (1) Climate change mitigation Where the activity involves on-site generation of heat/cool or co-generation including power, the direct GHG emissions of the activity are lower than 270 gCO2e/kWh. The activity develops a strategy to account for and reduce the GHG emissions arising from transport along the value chain, including shipping and returns, to the extent these are traceable. (2) Climate change adaptation The activity complies with the criteria set out in Appendix A to this Annex. (3) Sustainable use and protec­ tion of water and marine resources The activity complies with the criteria set out in Appendix B to this Annex. (5) Pollution prevention and control The activity complies with the criteria set out in Appendix C to this Annex. Sold spare parts comply with all relevant EU rules on the restriction of the use of hazardous substances, of generic nature or with specific relevance to that product category, such as Regulation (EC) No 1907/2006, Directive 2011/65/EU, and Directive (EU) 2017/2102. (6) Protection and restoration of biodiversity and ecosys­ tems N/A