Regulations governing EPR schemes: what the law says

There are 19 regulated EPR schemes: read on to find out how France’s Anti-Waste Act for a Circular Economy (AGEC Law) is transforming the way in which products and waste are managed in France. This page will guide you through the obligations and issues inherent to extended producer responsibility. 

Regulations governing EPR schemes: what the law says

There are 19 regulated EPR schemes: read on to find out how France’s Anti-Waste Act for a Circular Economy (AGEC Law) is transforming the way in which products and waste are managed in France. This page will guide you through the obligations and issues inherent to extended producer responsibility. 

EPR schemes: obligatory for producers since 1975  

In France, Extended Producer Responsibility (EPR) has been enshrined in law since 1975. It is governed by article L. 541-10 of the Environmental Code and underpinned by a simple principle: any producer is responsible for managing its products up to the end of their lifespan.

There are currently 19 regulated EPR schemes covering products and packaging. Each scheme precisely sets out: 

  • the category of products it covers,
  • and the definition of ‘producer’ concerned by this obligation. 

 

Titre
En savoir plus

The 2020 AGEC Law, a turning point for EPR schemes 
 

The Anti-Waste Act for a Circular Economy,  the so-called ‘AGEC Law’, profoundly transformed the way in which products and waste are managed in France. By stepping up producers’ responsibility and promoting the circular economy, it gave the EPR schemes fresh impetus. 
 

1. Creation of new schemes 


Complementing the twelve long-standing EPR schemes, several more have been created: tobacco, building products, home improvement and gardening, toys, lubricants, sport and recreation, professional packaging, and sanitary textiles.  

For further information, see article 62 of the AGEC Law.  

 

2. Unique Identification Numbers to prove producer compliance 


A Unique Identification Number (UIN) provides proof that a producer complies with the requirements of a given EPR scheme. The producer holds as many UINs as there are schemes concerned by the products it places on the market, including their packaging. 

Find out more about the UIN 

 

 

3. An ecodesign obligation for producers


Primes et pénalités


La majorité des filières utilisent maintenant des primes et pénalités pour moduler l'éco-contribution. Celles-ci sont axées sur l’ensemble du cycle de vie du produit, incluant la réparabilité, la durabilité, l’emploi de ressources renouvelables, etc. Les modulations sont beaucoup plus significatives : une prime peut annuler l'éco-contribution tout comme une pénalité peut doubler le montant d'une éco-contribution.  

En savoir plus sur les primes et pénalités
 

Plan de prévention


Producers are required to draw up a prevention and ecodesign action plan for their products every five years in order to increase the quantities of recycled materials they contain and make them more recyclable. A producer may receive support from its PRO to implement its action plan, but it alone remains responsible its implementation. 

For further information, see article 27 of the AGEC Law.  
 

4. Destroying unsold products is prohibited 


To combat wastage, it is now prohibited to dispose of unsold non-food products (through landfill or incineration).

For further information, see article 35 of the AGEC Law

 

5. Funds to support reuse and repair 


Some EPR schemes offer incentives, often in the form of dedicated funds, to develop the reuse and repair of products.

The producers finance these funds through the EPR fees they pay to their PRO or via their individual compliance scheme. The PROs and individual schemes are then tasked with allocating and managing these funds. The conditions for allocation are determined by Decree no. 2020-1455 of 27 November 2020
 

Le fonds réemploi


The objective of this fund is to support the social and solidarity economy (SSE) actors who give a second life to products. In doing so, this measure creates jobs, encourages integration and drives the green transition.

The PROs and individual systems within the schemes concerned are required to allocate at least 5% of the EPR fees they collect to this fund. 
 

The repair fund 


The objective of this fund is to reduce the cost of repairs (outside the warranty) for consumers when they take their products to repairers approved by the PRO. This fund hence encourages consumers to have their products repaired rather than replacing them with new ones. 

 

 

6. Strict monitoring of each EPR scheme 
 

Tighter State supervision 


The EU directive on waste stipulates that EPR schemes must come under greater scrutiny. In application of this directive, article 76 of the AGEC Law created a body dedicated to monitoring and observing EPR schemes, which has been placed in the hands of ADEME: the EPR Supervision Department (DSREP). 

The DSREP ensures that the EPR schemes operate correctly and evaluates their progress towards the targets set by the State.

Find out more about our missions
 

Monitoring financed by the producers 


The costs incurred by the DSREP in undertaking this supervision are funded by an annual levy, paid by the producers or their PROs. The amount of the levy is defined each year by a ministerial order, to cover the expenditure involved in monitoring and assessing the schemes and in making data available. 

For more detailed information on these costs, consult Decree no. 2020-1455  

 

Annual submission of data to ADEME 


The PROs and individual compliance schemes send their data to ADEME in accordance with the order of 8 October 2024. This data covers aspects such as products placed on the market, collected, recycled, reused, repaired, treated, etc. 

 

Transparent data disclosure  


This data is then analysed and made available to everyone in open data format. As the EPR Supervision Department, we are required to disclose the annual data from each EPR scheme for each PRO and each individual compliance scheme. We also publish the data in the form of dashboards, infographics and an analysis written up in an annual report. 

View our publications


 
 

 

Page top