Extended Producer Responsibility (REP) is an environmental principle recognised by the European Waste Framework Directive, (EU Directive 2018/851) which gives producers financial and/or organisational responsibility for the prevention and management of waste from their end-of-life products.
In France, this principle translates into a system where producers must finance or organise the collection, treatment and recycling of the products they place on the market. The system is regulated at national level by the French AGEC (anti-waste) law of 2020.

SOGGETTI COINVOLTI:

• manufacturers
• online retailers (either directly through their own site or through marketplaces)
• importers (if the manufacturer is non-European)
• distributors (in the case of private labels)
• in general, anyone who first places products on the French market

OBLIGATIONS

• Join an eco-organism
  Producers must either join a collective system (eco-organism) or create their own individual system. Collective schemes are non-profit structures that collect eco-contributions and organise waste management, whereas individual schemes are autonomous solutions managed directly by the producer, which are less common.
  Joining an eco-organism entails paying an eco-contribution, which varies according to the type of product and the costs of waste treatment.
  If a product belongs to two chains, e.g. packaging and WEEE, it is necessary to join both collection chains.
  CITEO is the main eco-organism in France for packaging and applies a flat fee of 80.00€ for less than 10,000 quantities of units/components put on the market (CSU). The CSU corresponds to each disjointed piece that completes the packaging beyond the basic material: cap, lid, label, wrapper, etc.
  Besides CITEO (https://www.citeo.com/), there are other accredited eco-organisations, some of which specialise in specific product categories or waste streams. It is therefore possible to evaluate different options according to product characteristics and the obligations of the Extended Producer Responsibility (REP).
  For example, COREPILE (https://www.corepile.fr/) is the accredited body for the REP management of batteries and accumulators and ECOSYSTEM (https://www.ecosystem.eco/) is the accredited collective body for the REP management of electrical and electronic equipment. You can consult the official list of accredited bodies in the field of Extended Producer Responsibility (REP) in France by visiting the website of the Agence de la transition écologique, (ADEME).
• Environmental labelling
  In France, the so-called Triman logo and the Info-Tri with sorting instructions are obligatory on products intended for consumers. The signage must be on the packaging and the product; it can also be included in the instruction manual but is not mandatory.
  For further information, please contact our experts.
• Unique Identification Code (UI)
  Each producer must obtain a Unique Identification Code (UI) for each REP chain.
  It is issued by the ADEME (Agence de la transition écologique) ) through the chosen eco-organism.
  The UI must appear in contractual documents, sales conditions, website and marketplace.
• Eco-compatible prevention and design plan
  Any manufacturer is required to draw up a five-year plan containing data on reduction and reuse, origin of raw materials, consumption of recycled materials and recyclability. This plan must be reviewed every 5 years and sent to the relevant eco-organisation for each of the sectors for which the producer is eligible (a plan must be drawn up for each REP sector).

FINES

In the case of non-compliant signs on packaging, fines of up to €15,000.00 per company are foreseen.
Producers who do not fulfil their obligations under Extended Liability may be subject to fines ranging from €7,500.00 to €30,000.00.