Refurbished iPhones, the big losers of the USB-C law?

On December 28, companies specializing in the sale of refurbished devices could suffer the consequences of European regulations on the universal charging port, now mandatory on smartphones.

From this date, it will no longer be possible to import old iPhones with a Lightning port from foreign markets for reconditioning and resale. The law on the universal charger did not take into account refurbished smartphones at all.

Several iPhones will be banned from sale in France

In December 2023, with the European regulation called Renewable Energy Directive (abbreviated as RED or Renewable Energy Directive), Europe killed the Lightning port. In French law. This is Decree No. 2023-1271 of December 27, 2023 “ relating to the universal charger “. The latter will come into force on December 28, 2024, with the consequence of banning the sale of smartphones without USB-C in Europe.

The objective for the European Union is to reduce electronic waste: it estimates that 11,000 tonnes of waste will be avoided each year.

The law provides that a large proportion of electronic devices must be able to be charged via USB-C: tablets, headsets, mice, portable consoles, cameras, headphones and smartphones. As for laptops, they have more reprieve: see you on April 28, 2026.

Thus, the iPhone SE (2022) and iPhone 14 will disappear from the Apple Store. Same thing for previous models, which can now be found on the reconditioned market. The law concerns devices “ placed on the market from this date “. It is precisely this formulation, which is not very precise, which has been raising questions for months: what does “ placing on the market » ? How does the law treat refurbished devices?

Has the universal charger law forgotten about refurbished phones?

For lawyer Alexandre Archambault, digital expert, we are not immune to a lack of conformity of reconditioned smartphones with this decree.

If we talk about the “ sortie » of a product, then iPhones and other smartphones released before December 28, 2024 are saved. However, not everyone agrees with this interpretation. In the context of private copying, certain products have already been subject to this tax when they were new and a second time when they were repackaged.

Contacted by Numeramathe Ministry of Economy and Finance declares that “ if a refurbished smartphone is not equipped with a USB-C port, but has already had a first life in one of the EU countries before December 28, 2024, it can still be sold in the EU “. In other words, models which have the CE standard and which have already been sold for the first time on the Old Continent are not affected and can still be sold.

Problem: these models only represent a small part of the refurbished smartphone market. The phones that arrive in reconditioning factories are mainly so-called “ imported », coming from the United States or China (reconditioners buy them from operators or large resellers).

One MP alone against all to save refurbished phones

There is a politician in France who cares about the fate of reconditioned devices: Éric Bothorel, member of Ensemble pour la République. Twice he questioned the government about the fate of refurbished devices.

The first time was in May 2024: the MP's question was asked and published in the Official Journal. Except that, problem, on June 11, 2024, his mandate was abruptly ended because of the dissolution of the National Assembly. His question is then withdrawn. A few weeks later, Éric Bothorel was re-elected in his constituency and returned to the National Assembly. The MP asks his question again on December 2, two days before… the resignation of the government.

Éric Bothorel asks the Government if imported reconditioned equipment (therefore “ placed on the market for the first time “) are affected by this directive. He argues that “for some reconditioners this [les appareils importés] concerns more than 60% of devices marketed in the European Union »as pointed out Services Mobiles. They mainly come from the United States and China, but also from Japan and Singapore. iPhones from the French market are technically “ put back on the market »: they can be sold with their Lightning port, even after December 28.

The MP thinks that “ These new rules will considerably hamper the economic viability of reconditioners, whereas the reconditioned sector should rather be supported, for both economic and ecological reasons. » The MP also predicts a drop in supply and a mechanical risk of price increases, even though this is a selling point for reconditioned products.

iPhones are very popular among refurbished players

According to the sellers of refurbished phones that we were able to interview, the proportion of iPhones is between 70 and 80% of total sales. The problem is that refurbished iPhones are mainly models released before the iPhone 15, the first with a USB-C port. iPhone 14, 13, 12 or 11, with their Lightning ports, can no longer be imported.

After December 28, the availability of refurbished iPhones could collapse in France, with the main risk being a price increase, if the products already sold in Europe become a rare commodity. The government can still save thousands of imported devices, but its priority does not seem to be this issue.