Sprache: DE

France: Obligation to submit a 
"Waste Prevention and Eco-Design Plan"

(Effective from 31st July 2023 or October 2023, depending on EPR waste stream)

Service for our customers

Book the creation of the waste prevention and eco-design plan at My Compliance.
 

We create all the necessary plans for each of your EPR (Extended Producer Responsibility) areas in France, such as WEEE (Waste Electrical and Electronic Equipment), batteries, packaging, furniture, textiles, and more, in consultation with you. We provide you with scaffolding and tools and guide you through the steps for complete creation.
 

Even if you have already booked another service provider for registration and reporting, or if you can implement your obligations yourself, we can expertly support you in the creation.
 

Please feel free to contact us about this or any other topics.

or give us a call: 
+49 2443 994912-0

Background

The French law on the fight against waste and the circular economy, known as the "Loi AGEC", obliges marketers/producers to create a "Waste Prevention and Eco-Design Plan". In accordance with the obligation under Article 72 of the AGEC Act and Article L. 541-10-12 of the French Environmental Code, manufacturers must create a five-year plan that includes information on reduction and reuse, the origin of raw materials, the consumption of recycled material, and recyclability. 

This plan must be revised every five years and submitted to your take-back system for each of the EPR sectors that affect you. Each system is obliged to publish a summary of its members' plans every three years, which must be accessible to the public.

Who is obligated?

Any manufacturer affected by an EPR sector in France: manufacturers, importers, introducers, sellers under their own name or brand, sellers of online products. The Waste Prevention and Eco-Design Plan can include both technical elements of the manufacturer and elements of the dealer's organization (logistics, collection and/or return system, information system with suppliers, etc.).

Are there sanctions?

Yes, there are. According to Article L541-9-5, an administrative penalty (i.e., a fine of up to €1,500 per unit or ton of the relevant product for natural persons and €7,500 for legal persons, and possibly a daily fine of up to €20,000 until the measures prescribed in the relevant administrative decision have been carried out) is imposed on marketers who fail to meet their legal obligation. Delays in submitting the plan will also be sanctioned.

Do I have to submit several such Waste Prevention and Eco-Design Plans if I fall under multiple EPR sectors? 

Yes, you must create a Waste Prevention and Eco-Design Plan for each flow. The Loi AGEC requires manufacturers to create and implement a prevention and eco-design plan for the products they bring to market. However, there are sectors for which a common framework can be created/used, and you can seek assistance from My Compliance.

Can I link the Waste Prevention and Eco-Design Plan with a CSR or sustainability report?

Yes, you can. In principle, there can be common elements, depending on the content of these reports. However, you cannot replace the Waste Prevention and Eco-Design Plan, as its form, scope, and purpose do not meet the legal requirements.

Does this Waste Prevention and Eco-Design Plan have to be written in French?

No, this is not the case. The plan can also be completed in English.

or give us a call: +49 2443 994912-0

Sources

Ecologic, CITEO, Refashion

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