France

Extended producer responsibility for Textile in France

Extended Producer Responsibility (EPR) in France is an environmental policy that places accountability on the entity responsible for a product’s creation to manage its complete life cycle, encompassing extensions in use, waste reduction, and enhancements in recycling. With these rules, the French government encourages all clothing manufacturers to implement more environmentally friendly methods and use recycled materials in their models.

Who must register EPR in France

According to the new French rules of November 23, 2023, all those involved in the entry of textile products into the French market are obliged to consider a plan for the recycling of their goods after the expiration date and must register and make a corresponding contribution to the producer responsibility organization (PRO).

Threshold

There are no thresholds for registration in France. Anyone offering textile products on the French market is obliged to register in the recycling system, otherwise penalties will be applied.

Textile includes

• Clothing;
• Footwear;
• Household Linen.

Producers’ Responsibilities for Extended Producer Responsibility (EPR) in the Textile Industry in France

5. Producers are required to register and enter into an agreement with the designated eco-organization responsible for textile recycling.
6. Producers must annually submit a declaration for the current year. Additionally, they must provide declarations for the two preceding years to be eligible for a Unique Identification Number (UIN).
7. Producers are obligated to remit environmental fees corresponding to the declarations they submit.
8. Producers must acquire a Unique Identification Number (UIN).
9. Furthermore, they are expected to submit a 5-year plan focused on waste prevention and eco-design.

Authorized representative

All companies wishing to register with the EPR system are not required to appoint a representative.

Reporting Deadline

The declaration concerning the quantity of products manufactured for the French market in 2023 must be submitted no later than February 15, 2024. Consequently, the eco-contribution amount will be calculated, with payment due by March 31, 2024.

Accordingly, the amount of the eco-contribution will be calculated and the deadline for payment is March 31, 2024.

Extended producer responsibility for Furniture in France

Under the new rules introduced by the French authorities in early 2022, all sellers and related parties offering furniture products are required to comply with the new EPR obligations both in France and abroad.

Who must register EPR in France

Registration is required for all manufacturers, sellers, and importers who have furniture made from various types of materials in their assortment to France, as well as those who supply, including bedding items such as blankets, pillows, mattresses, and more.

Threshold

There are no specified thresholds for registration. Every manufacturer must register with the relevant authority if the products they manufacture are related to the furniture category.

EPR registration procedure in France

Manufacturers or sellers are obliged to join an eco-organization responsible for the recycling and transformation of materials in the furniture industry.

The registration process consists of the following steps:

1. Register on the website of the organization responsible for recycling.
2. Conclusion of the contract and signing the contract.
3. Submission of sales volumes.
4. Sending of the payment.
5. Receiving your UIN number.

Also need to submit a 5-year plan for waste prevention and eco-design. This is a new commitment that is mandatory for all clients.

Authorized representative

Participants who wish to register with a producer responsibility organization in France are not required to appoint a representative.

Reporting Deadline

Annual declarations on the amount of your goods on the market must be submitted between January 1 and January 31, and failure to do so may result in a penalty depending on the period of delay.

Extended producer responsibility for EEE in France

If a company manufactures, distributes, or sells electrical and electronic devices (EEE) such as computers, refrigerators, or mobile phones, French law requires it to participate in ensuring recycling and good management, according to Article L.541-10 of the French Environmental Code.

Who must register EPR in France

Any individual or legal entity located in France that:

• Manufactures EEE under their own name or brand or has EEE designed or manufactured and sells them in France under their name or brand.
• Resells EEE in France under their own name or brand.
• Introduces EEE into the French market in a professional capacity, either from a third country or another EU country.
• Additionally, any person not based in France but selling EEE through remote communication channels directly to private households or users other than private households within France.

Examples of products subject to EEE in France

• Big domestic appliances;
• Compact home appliances;
• Information technology and communication devices;
• Consumer gadgets and solar panels for electricity generation;
• Illumination devices;
• Electrical and electronic gadgets;
• Healthcare apparatus;
• Supervision and regulating instruments;
• Automated vending machines.

Threshold

There are no thresholds for registration. Manufacturers who produce or sell electronic or electrical equipment are required to register to comply with the EPR rules.

EPR registration procedure in France

EPR registration for EEE compliance consists of the following steps:

1. Registration with the state authority ADEME;
2. Registration in producer responsibility organization, which in turn can provide the first step;
3. Conclusion of a membership agreement;
4. Preparation and submission of declarations;
5. Payment of the eco-fee;
6. It is often necessary to submit and pay the contribution for the previous 2-3 years.

Authorized representative

Companies are not obliged to appoint a representative and can be responsible for registration and payment of fees on behalf of a director or board member.

Reporting Deadline

The annual declaration on the number of products sold must be submitted between January and the end of February 2024. The declaration must be accurate and reliable, as otherwise severe sanctions may be imposed.

Extended producer responsibility for sport in France

Companies that sell sports and leisure products on the French market are subject to Extended Producer Responsibility (EPR) in accordance with Article L. 541-10 of the Environmental Code of February 12, 2022, and are obliged to comply with all the necessary rules of French law.

Who must register EPR in France

Individuals or legal entities involved in the sale of sports and outdoor equipment in the French market bear the responsibility for future recycling. This responsibility applies to the following groups:

• Manufacturers;
• Importers;
• Retailers;
• Online vendors.

Furthermore, any other affiliated businesses or individuals who operate physically within France or sell products online directly to consumers must adhere to this EPR legislation. This requirement applies irrespective of whether the products are intended for sale or provided free of charge to end users through any sales method, or for direct use within France.

Sport includes

Here is an indicative inventory of items falling within the purview of the Sports and Leisure Articles sector:

• Non-motorized transport equipment, including bicycles;
• Water-based sports and recreational equipment;
• Snow and mountain-related sliding sports equipment;
• Gear for outdoor leisure activities;
• Equipment for horseback riding;
• Sports equipment used in racket sports;
• Gear used in ball sports;
• Personal Protective Equipment (PPE) and protective gear;
• Equipment for sports and bodybuilding fitness;
• Gear related to hunting and shooting sports.

And some other related products to the following categories.

Threshold

There are no thresholds for registration, as a result, producers must adhere to regulations when the initial sports and leisure equipment item is introduced to the French market.

EPR registration procedure in France

Registration for compliance with the recycling rules consists of the following steps:

1. Registration in the French national registry ADEME;
2. Registration with the organization responsible for recycling (Ecologic), can help with the first step;
3. Conclusion of a cooperation agreement;
4. Paying the eco-assessment;
5. Obtaining a UIN number. This number serves as evidence that the company is correctly listed in the sports sector register, by the regulations. The UIN (Unique Identification Number) is employed to distinguish producers within the individual system and producers affiliated with an eco-organization eligible for an annual fee. It also aids in the oversight and enforcement of recycling responsibilities imposed on these producers;
6. Submission of annual reports on the amount of goods and possible recycling;
7. Further cooperation with the organization and compliance with all rules.

Authorized representative

Companies engaged in the trade and sale of sports goods in France are not obligated to appoint official representatives but may choose to do so if desired.

Reporting Deadline

Annual declarations must be submitted by January 31, 2024 for the previous reporting period of 2023.

France: Extended Producer Responsibility (EPR) for Batteries

The transposition of Directive 2006/66/EC pertaining to batteries waste batteries is notably effectuated through the enactment of Decree No. 2009-1139, dated September 22, 2009. This directive, encapsulated within the articles of the Code of the Environment, is driven by the overarching objective of enhancing the efficiency and functionality of the battery collection and treatment industry, with a specific emphasis on the sustainable recycling of waste batteries.

Who bears the responsibility for EPR (Batteries) in France?

The Batteries Act and its associated regulations apply to all:

• Manufacturers
• Retailers
• Distance Sellers
• Importers

What constitutes batteries in France?

• Portable battery
• Automobile battery
• Industrial battery

Thresholds

No lower thresholds exist to exempt producers from introducing batteries into the market, regardless of whether it is just a single battery of a given product.

Extended producer responsibility registration

The producer must register with the appropriate authority to obtain the batteries registration number:

1. Producers must register the batteries register with the state authority ADEME to obtain a unique identifier (IDU) and EPR certificate.
2. The producer must conclude a membership contract with the producer responsibility organization.
3. Preparation and submission of declarations
4. Fee Payments. Producers are legally mandated to fulfill their eco-contribution obligations, with the minimum annual membership agreement of 200 euros, exclusive of taxes.
5. Reporting. Producers are required to present quarterly declarations.

Authorized Proxy

Producers are not obliged to appoint an authorized representative to comply with the EPR rules for Batteries.

Reporting Deadline

The Producers member according to the following schedule:

• December 31 of year N-1 for quarterly advance 1
• March 31 of year N for quarterly advance 2
• June 30 of year N for quarterly advance 3
• September 30 of year N for quarterly advance 4

Sanctions in case of violation

• The penalty for non-contributing producers is firmly established at a maximum ceiling of €7,500 per unit or per metric ton of the relevant product.

Extended producer responsibility for chemicals in France

The Environmental Code’s Article L. 541-10-1, instituted in 2013 during discussions on the extended producer responsibility (EPR) principle, regulates the recycling of chemical products within France. This provision specifically addresses waste stemming from chemical products that have the potential to endanger public health and the environment.

Who must register?

According to an article within the meaning of article R 543-229 of the Environmental Code, all producers must register for chemical waste if company generates waste in France.

• Manufacturer;
• Reseller distributor;
• Importer distributor;
• Distributor via distance selling.

What kinds of chemical products are in question?

• Pyrotechnic;
• Fire extinguishers and other devices with a fire extinguishing function;
• Hydrocarbon-based products;
• Adhesion, sealing and surface preparation products;
• Materials processing and coating products;
• Special maintenance and protection products;
• Common chemicals;
• Solvents;
• Household biocides and phytosanitary products;
• Household fertilizers.

Threshold

The minimum registration requirement is 100 kg of chemicals annually, except for printer cartridges and fire extinguishers, which have no threshold for those categories.

Producers’ obligations for Extended Producer Responsibility (EPR) chemicals in France

1. Securing a UIN number is crucial to adhere to the EPR plan, requiring registration with the French Agency for Ecological Transition (ADEME) for its acquisition, as only this entity has the authority to allocate it. Moreover, settling the initial eco-fee is mandatory. Subsequently, the designated authority (ADEME) issues a unique indicator number (UIN), serving as proof of compliance with all pertinent recycling fees and registration within the recycling system. The validity of the UIN spans one year; nevertheless, prompt fee payment and accurate report submission can merit an extension. An illustration of the UIN number format is FRXXXX_01VNF

Additional steps in this process include:

2. Sign an agreement with a PRO.

3. Settling chemical volume fees.

4. Providing annual reports detailing chemical quantities transported to France.

Authorized representative

Foreign producers are exempt from the requirement of appointing an authorized representative in order to register for EPR chemicals.

Reporting Deadline

Chemical reports are due by March 1 for each year.

Extended producer responsibility for toys in France

Since April 2022, the toy, outdoor game, and board game sectors have been subject to the Extended Producer Responsibility (EPR) principle, as mandated by the 2020 AGEC (Anti-Waste for a Circular Economy) law, which introduced new recycling sectors. One of these sectors is the Toy EPR, specifically for games and toys.

Who must register?

The regulation defines the individuals or entities considered as producers. Any natural or legal person engaged in professional activities falls under this definition.

• Individuals or entities manufacturing toys within the borders of France are included.
• Producers importing toys into the national market are encompassed.
• Entities involved in assembling toys are considered producers.
• Any person or entity introducing toys for the first time into the national market is included.

What are the products concerned?

According to the legislative definition, toys encompass the following:

• Outdoor games
• Indoor games (dolls, stuffed animals, building sets, action figures…)
• Board games and puzzles
• Gift toys

Threshold

There’s no minimum threshold required.

Registration procedure

Toy producers under the EPR scheme need a Unique Identification Number (UIN) from ADEME. The producers don’t register with ADEME directly but through a Producer Responsibility Organization (PRO).

Here’s the process to obtain your EPR number:

1. Provide Company Information:

• Submit all company details along with supporting documents.

2. Specify Toy Quantity and Categories:

• Clearly state the quantity and category of toys, ensuring accurate weight measurements.

3. Payment of Initial Eco-Fee:

• Pay the initial eco-fee, typically a minimum of 50 euros, which may vary based on the quantity of toys sold in the market. This fee covers recycling costs.

4. Quarterly Reporting:

• Submit quarterly reports detailing toy volumes sold in France to maintain compliance with EPR regulations.

Authorized representative

Foreign companies don’t need to appoint an authorized representative.

Reporting Deadline

The declaration can be quarterly or annual and must be made within 30 days of its opening.