The abolition of the private copying levy was recorded for February 1, 2023, but a new twist has just put everything back on track.
Many had cried victory a little too quickly at the announcement of the Council of State’s decision to abolish the private copying levy for refurbished smartphones.
A deletion scheduled for February 1, but finally canceled
As a reminder, this tax, levied on each purchase of a smartphone or any electronic device equipped with storage, is paid to the rights holders to compensate for the financial losses caused by piracy. The measure is however less and less relevant, at the time of music streaming platforms or SVOD services.
In November 2021, the Ministry of Culture included in a bill aimed at reducing the environmental footprint of digital technology in France the extension of the fee to refurbished smartphones and this decision caused an outcry. The refurbished market has been exploding for several years and the purchase of these devices is a good thing for the environment. A new tax could only dampen consumer enthusiasm.
Fortunately, we learned at the end of last year that the Council of State had abolished the private copying tax for refurbished devices, with an application date set for February 1, 2023.
Between eight and nine euros fee for each refurbished device
The media L’informé tells us today that in the end, nothing will happen. The Council of State, had explained in its decision to have acted because of a defect of form. Several members of the commission in charge of the scales were then absent during the vote which allowed the addition of refurbished smartphones to the devices subject to the fee.
The institution had nevertheless left Copie France time to find a solution, which it will do in the next few days. The twelve members will be gathered this time to validate or not a new scale which will then come into effect.
The fee would therefore be €8.40 excluding VAT for a refurbished phone, compared to around €14 excluding VAT for a new model. It will be €9.10 excluding VAT for a refurbished tablet. With 12 representatives of the cultural industry against six consumers and six manufacturers and importers of equipment, this new scale is guaranteed to be adopted, to the chagrin of buyers who hoped to save money on a second-hand model.
Source : the informed
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