One of the major contributions of Law No. 2020-105 of 10 February 2020 on anti-wastage and the circular economy (AGEC Law) was to develop extended producer responsibility (on the philosophy and contributions of the law, see our articles).
However, to be comprehensive, the system required the adoption of regulatory measures (see our article "Reinforcement and extension of the extended producer responsibility (EPR)"). Two decrees were thus issued in November and December 2020.
Decree no. 2020-1455 of 27 November 2020 reforming extended producer responsibility
This decree sets out the procedures for implementing the new framework for schemes for which extended producer responsibility, based on the polluter-pays principle, is applied by eco-organisations (or, more exceptionally, by producers who decide to set up individual collection systems).
In particular, it specifies:
- the arrangements for the approval of eco-organisations by the administrative authority;
- the conditions under which individual systems are set up by producers;
- minimum waste management requirements;
- the conditions for the establishment of funds for the financing of the repair, reutilisation and reuse of products.
It should be noted that this decree also concerns the eco-design of products since it regulates the modulation of financial contributions paid by producers to eco-organisations according to the environmental performance criteria of products. It is thus up to the eco-organisations, subject to the agreement of the Minister for the Environment and after consulting their stakeholder committees, to determine the relevant environmental performance criteria and, for each of these criteria, to estimate the performance that can be achieved with regard to the best available techniques and the corresponding cost differentials.
The decree also specifies the conditions for the take-back of used products by distributors, in order to improve the local collection service for users.
Lastly, it details the monitoring and observation missions of the EPR schemes entrusted to the Ecological Transition Agency (Agence de la Transition Ecologique, formerly the ADEME) and the way in which this mission is financed by a fee paid by producers subject to EPR.
Decree No. 2020-1725 of 29 December 2020 laying down various adaptation provisions relating to extended producer responsibility
Following on from the previous decree, it adapts provisions of the French Environmental Code and the Public Health Code for several EPR schemes (packaging, batteries and accumulators, electrical and electronic equipment or EEE, paper, textile clothing products, chemicals that may present a significant risk to health and the environment, furniture, recreational or sports boats, unused medicines for human use).
Certain definitions, such as "producer" within the meaning of packaging or EEE, are amended, which may have significant consequences for the person liable for the eco-contribution.
The decree also specifies the procedures for applying other provisions introduced by the AGEC Law relating to EPR schemes:
- harmonised sorting rules for the separate collection of household packaging;
- prohibition of the use of mineral oils on packaging and for paper printing;
- in-kind contribution of the press to the EPR, etc.
Lastly, the decree introduces a section in the French Environmental Code corresponding to the EPR for tobacco products that must be operational from 1 January 2021.
The precise date of entry into force of the new rules varies between 1 January 2021 and 1 January 2023, depending on the provision concerned.
Order of 11 February 2022 on the registration of producers subject to extended producer responsibility
Producers subject to the EPR principle are required to register with the administrative authority responsible for monitoring and observing EPR processes, i.e. the Ecological Transition Agency, which issues them a unique identifier.
The order of 11 February 2022 specifies the procedure for registering and issuing the unique identifier.
Organisation of the EPR schemes
The EPR schemes established under the AGEC Law have been the subject of implementing decrees enabling their creation and/or organisation. In addition, the detailed rules for the application of the obligation for producers to contribute to or provide for the collection, reuse, repair or recycling of waste from their products in accordance with the principle of EPR have been specified.
The following are examples of these implementing decrees:
Specifications for the EPR schemes
The specifications of the eco-organisations contain useful details on the eco-contributions for which they are responsible (products concerned, methods for determining the amount of eco-contributions, etc.).).
Numerous orders have thus been published, amending or adopting the specifications of the EPR schemesectors established under the AGEC Law:
- Order of 25 December 2020 amending the order of 29 November 2016 on the approval procedure and laying down specifications for eco-organisations in the household packaging scheme (Appendix to the decree)
- Order of 1 December 2020 amending the specifications of the eco-organisations of the EPR scheme for household specific diffuse waste of categories 3 to 10 of chemicals referred to in Article R. 543-228 of the French Environmental Code
- Order of 5 February 2021 laying down detailed rules for the accreditation of eco-organisations in the EPR scheme for tobacco products
- Order of 4 March 2021 amending the specifications of the eco-organisations of the EPR scheme for waste furniture components designated in Article R. 543-240 of the French Environmental Code
- Order of 1 October 2021 laying down the specifications for the eco-organisations and individual systems of the EPR scheme for the contents and containers of chemicals which may present a significant risk to health and the environment referred to in 7° of Article L. 541-10-1 of the Environmental Code and falling within categories 1° to 10° of Article R. 543-228
- Order of 27 October 2021 laying down specifications for eco-organisations and individual of the EPR scheme for sports and leisure goods
- Order of 27 October 2021 laying down specifications for eco-organisations and individual systems of the DIY and garden products EPR scheme
- Order of 27 October 2021 laying down specifications for eco-organisations and individual systems of the toys EPR scheme
- Order of 27 October 2021 laying down the specifications for eco-organisations, individual systems and coordinating bodies for electrical and electronic equipment EPR scheme
- Order of 27 October 2021 laying down specifications for eco-organisations the EPR scheme for mineral or synthetic oils, lubricating oils or industrial oils
- Order of 29 October 2021 laying down specifications for eco-organisations and individual systems of medicinal products EPR scheme
- Order of 25 November 2021 amending the order of 5 September 2016 relating to the approval procedure and laying down the specifications for eco-organisations of the perforating infectious clinical waste schemee, produced by self-treated patients or by users of diagnostic self-tests in accordance with Articles L. 4211-2-1 and R. 1335-8-7 to R. 1335-8-11 of the Public Health Code and Article L. 541-10 of the Environmental Code
- Order of 14 December 2021 amending the order of 27 October 2021 laying down the specifications for eco-organisations and individual systems of the sporting and leisure goods EPR scheme
- Order of 14 December 2021 amending the order of 27 October 2021 laying down the specifications for eco-organisations and individual systems of the DIY and garden items EPR scheme
- Order of 14 December 2021 amending the order of 27 October 2021 laying down the specifications for eco-organisations and individual systems of the toys EPR scheme
- Order of 21 December 2021 amending the orders of 29 November 2016, as amended, relating to the approval procedure and laying down specifications for eco-organisations of the household packaging scheme, and of 2 November 2016, as amended, relating to the approval procedure and laying down specifications for eco-organizations in the graphic paper scheme (Annex I and Annex II of the decree)
- Order of 10 June 2022 laying down specifications for eco-organisations, individual systems and coordinating bodies of the EPR scheme for construction products and materials in the building sector
- Order of 14 October 2022 amending the specifications of the eco-organisations of the EPR scheme for furniture elements designated in Article R. 543-240 of the Environmental Code
- Order of 2 November 2022 laying down specifications for eco-organisations and individual systems of the EPR scheme for performance medical devices used by self-treated patients and self-test users
- Order of 23 November 2022 laying down specifications for eco-organisations and individual systems of the tobacco products EPR scheme
- Order of 23 November 2022 laying down specifications for eco-organisations and individual systems under extended producer responsibilityof the EPR scheme for textiles, footwear and household linen (TLC)
Further specifications are being prepared, in particular for the end-of-life vehicle (ELV) scheme.
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