Mandatory take-back of certain used products by distributors

Verified 21 November 2024 - Directorate for Legal and Administrative Information (Prime Minister)

The dispensers of certain products subject to extended producer responsibility (EPR) must take back used products free of charge which consumers are discarding. There are 2 types of takeovers: 1-for-1 recovery, concerning the purchase of an equivalent product by the consumer, and the take-back without obligation to purchase.

There are 2 types of obligations to take back used products by dispensers :

Recovery “ 1 to 1 ": the distributor duty take back free of charge, or have used products which the end-user (his customer) discards taken back free of charge on his behalf, within the limits of the quantity and type of product sold or of the products it replaces. This obligation may apply to distributors with sales areas (stores) and distributors carrying out deliveries.

Example :

A distributor delivers to a customer who bought him a washing machine. It shall be subject totake-back obligation ‘1 for 1’. On delivery, the company hasobligation to take back the customer's old washing machine, if there is one and his customer wishes to dispose of it at the time of delivery.

In-store, whencustomer buys new washing machine, the company also the obligation to take back your old washing machine, if it is deposited by the customer.

Recovery without obligation to purchase : the distributor duty take back free of charge and without obligation to purchase waste from products of the same type (nature and dimensions) than those offered for sale. This obligation applies only to distributors with sales areas (stores).

Example :

In-store, a company sells fire extinguishers. It shall be subject totake-back obligation without purchase obligation.

She must take back free of charge and without obligation to purchase used fire extinguishers placed in his shop. It dedicates a space in the shop to collect used fire extinguishers.

The take-back obligations concern some dispensers products subject to Extended Producer Responsibility (EPR) following:

The construction products or materials of the building sector for households or professionals
The electrical and electronic equipment (EEE), whether intended for use by individuals or professionals

Electrical and electronic equipment (EEE) included in this REP stream are:

Heat exchange equipment : large refrigerating appliances, refrigerators, freezers and air-conditioning appliances and other air-conditioning equipment (heat pumps...)
Screens, monitors and equipment comprising screens with a surface area exceeding 100 cm² : screens, monitors, laptops, small laptops, tablets and smartphones with a screen area greater than 100 cm²
Lamps
Large EEE (examples: washing machines, water heaters, dishwashers, stoves, VMCs, microwave ovens, electric heaters, electric fans, etc.)
Small EEE (examples: vacuum cleaners, irons, toasters, hair dryers, toothbrushes, razors, scales, e-cigarettes, etc.)
Small computer and telecommunications equipment (examples: printers, manual electric labellers, photocopiers, internet box, home phones, mobile phones, smartphones with a screen area of 100 cm² or less, external hard drives and usb keys, etc.)
Photovoltaic panels
Assisted pedaling cycles (electric bicycles) of a maximum continuous rated output of 0,25 kilowatt, and other motorized personal transport equipment (examples: electric scooters, hoverboards, gyropods, etc.).

EEE that is excluded from this REP stream are:

EEE which is specifically designed and settled to fit into a type of equipment excluded from the categories indicated above
EEE linked to the protection of the essential security interests of the State, arms, munitions and other war material, if linked for exclusively military purposes
Non-electrical bulky components permanently attached to the building or floor, either for housing, protecting, guiding, supporting an EEE, or for transporting fluids to or from an EEE, or set in motion by EEE when they can be easily disconnected during on-site disassembly
Large stationary industrial tools (e.g. printing machines, packaging or bottling machines, etc.)
Filament bulbs
Equipment intended to be sent into space
Large-scale fixed installations, with the exception of EEE in such installations which are not specifically designed and fitted for integration and can therefore fulfill their function even if they are not part of the large fixed installation on which they are fitted (examples of large installations concerned: lifts, object conveying systems, etc.)
Non-road mobile machinery intended exclusively for professional use
Equipment specifically designed for research and development purposes only and available only in a business-to-business context
Active implantable medical devices, as well as medical devices and in vitro diagnostic medical devices, where such devices normally become infectious before the end of their life cycle without the possibility of disinfection, sterilization or dismantling of soiled parts prior to their disposal being provided for

Please note

One full list of EEE concerned is available in a review published on Légifrance.

The batteries (batteries and accumulators)
The chemical contents and containers may have a significant risk to health and environment, whose waste from these products may be collected by the public waste management service, including gas cylinders and ink cartridges

Contents and containers of chemicals of this EPR channel are:

Pyrotechnic products
Fire extinguishers and other extinguishing appliances
Hydrocarbon products
Adhesion, sealing and repair products
Materials treatment and coating products and surface preparation products
Special care or protective products
Common chemicals
Solvents and diluents
Household biocidal and plant protection products
Household fertilizers
Textile dyes and dyes
Inks, printing and photographic products
Aerosol dispensers and gas cartridges

Of details of those products are indicated in a order on Legifrance.

The furnishing elements, including cushioned products for sitting or sleeping and textile decorative elements

The furnishings included in this REP stream are:

Living room, living room or dining room furniture
Supplementary furniture
Bedroom furniture
Bedding
Office furniture
Kitchen furniture
Bathroom furniture
Garden furniture
Seats
Technical, commercial and community furniture
Upholstered products for sitting or sleeping
Textile decorative elements such as carpets, curtains and net curtains, and their accessories, whatever the materials of these accessories.

The furnishings excluded from this REP stream are:

The specific fittings of professional premises constituting fixed installations which are:
- Custom-made
- Assembled and settled by a professional fitter
- Intended to be used permanently as an integral part of the building or structure, at a predefined dedicated location
- And may be replaced only by a similar element specifically designed for that purpose
Urban furniture elements settled on the estate and in public spaces
Floor, wall and ceiling coverings covered by the EPR ‘building products or building materials’, including carpets intended to be permanently settled in buildings
Furniture falling under the EPR ‘electrical and electronic equipment’

The toys
The sports and leisure equipment, including bicycles and non-motorized transport equipment (scooters, skateboards, etc.)
The DIY and garden goods
The tires, whether or not combined with other products, including solid tires and tires fitted to a shroud by design
The medicines
The medical puncture devices used by patients on self-treatment and users of HIV self-testing, including associated electrical and electronic equipment not covered by the EPR scheme

The dispensers are concerned by taking back used products if they exceed thresholds. It exists 3 thresholds different:

Threshold for the take-back obligation in-store of used products of the same type, up to the limit of the quantity and type of product sold or of the products it replaces (“1 for 1”): according to the sales area dedicated to these products
Threshold for the take-back obligation in-store of used products of the same type without obligation to purchase : according to the sales area dedicated to these products
Threshold for taking back used products of the same type during deliveries of these products, within the limit of the quantity and type of product sold or of the products it replaces (“1 for 1”): according to the company's annual turnover

The thresholds are:

Tableau - Thresholds for the obligation for distributors of products of the same type to take back used products
Products concerned	Recovery Threshold in-store of used products of the same type (‘1 for 1’)	Recovery Threshold in-store of used products of the same type without obligation to purchase	Threshold for taking over of distributors by delivery of used products of the same type (‘1 for 1’)
Electrical and electronic equipment	No threshold (concerns all sales areas)	Dedicated sales area of at least 400 m²	No threshold (concerns all distributors by delivery)
Chemical contents and containers, excluding pyrotechnic products and fire extinguishers	Dedicated sales area of at least 200 m²	Dedicated sales area of at least 200 m²	Annual turnover above €100,000
Pyrotechnic products and fire extinguishers	No threshold (concerns all sales areas)	No threshold (concerns all sales areas)	No threshold (concerns all distributors by delivery)
Tires	No threshold (concerns all sales areas)	Dedicated sales area of at least 250 m², including the attached storage areas assigned to it. Only for the take-back of tires deposited by private individuals and in the limit of 8 used tires per year and per holder	No threshold (concerns all distributors by delivery)
Furnishing elements	Dedicated sales area of at least 200 m²	Dedicated sales area of at least 1,000 m²	Annual turnover above €100,000
Single-use combustible gas cartridges	Dedicated sales area of at least 1 m², taking into account each of the shelves used to offer the products for sale	Dedicated sales area of at least 1 m², taking into account each of the shelves used to offer the products for sale	No threshold (concerns all distributors by delivery)
Toys	Dedicated sales area of at least 200 m²	Dedicated sales area of at least 400 m²	Annual turnover above €100,000
Sports and leisure equipment	Dedicated sales area of at least 200 m²	Dedicated sales area of at least 400 m²	Annual turnover above €100,000
DIY and garden items	Dedicated sales area of at least 200 m²	Dedicated sales area of at least 400 m²	Annual turnover above €100,000
Construction products or materials in the building sector	No 1-for-1 trade-in	Dedicated sales area of at least 1,000 m²	No 1-for-1 trade-in during deliveries
Batteries (portable batteries and accumulators)	No 1-to-1 trade-in because trade-in without purchase obligation	No threshold (concerns all sales areas)	No 1-for-1 trade-in during deliveries
Medicines	No 1-to-1 trade-in because trade-in without purchase obligation	No threshold (concerns all pharmacies and pharmacies for domestic use)	No 1-for-1 trade-in during deliveries
Perforating medical devices used by self-treated patients and self-test users	No 1-to-1 trade-in because trade-in without purchase obligation	No threshold (concerns all pharmacies, pharmacies for domestic use and medical biology laboratories)	No 1-for-1 trade-in during deliveries

Please note

When the distributor offers temporarily from products for sale, it is not not obligatory to ensure that waste from products of the same type is taken back free of charge and without any obligation to purchase it outside sales periods.

The obligations of dispensers differ according to:

The type of distribution: sales area (store) or by delivery
The trade-in type: 1-for-1 recovery or take-back without obligation to purchase

Sales area

1-for-1 recovery only

The used products must be taken back at the point of sale or in the immediate vicinity, by making available to customers, when purchasing a new product of the same type, containers or skips suitable for collection.

The containers or skips suitable for collection used products which users discard and protective equipment associated individuals shall be issued for free to dispensers by eco-organisms.

The dispenser may contact the eco-organization responsible for the management of certain products if it does not have the necessary information for the collection of those products.

FYI

Customers must be informed in the place of sale of the conditions of return (place of deposit, obligation to purchase) made available to them:

In a visible, legible and easily accessible way (e.g. by a dedicated display)
Before the sale is closed

Take-back without purchase obligation

The used products must be taken back at the point of sale or in the immediate vicinity, by making available to customers of containers or skips suitable for collection.

The containers or skips suitable for collection used products which users discard and protective equipment associated individuals shall be issued for free distributors by eco-organizations.

The dispenser may contact the eco-organization responsible for the management of certain products, if it does not have the necessary information for the collection of those products.

FYI

Customers must be informed the place of sale of the take-back conditions (place of deposit) made available to them in a visible, legible and easily accessible manner.

For construction products or materials in the building sector, the distributor may indicate to his customers that the take-back may take place with one or more facilities. These facilities must comply with the following conditions:

They are located at a distance of less than or equal to 5 kilometers from the place of sale.
They take back, free of charge, all the used products and materials that the distributor is obliged to take back.
Each end user can dispose of their products and materials.

Before proposing this type of take-back, the distributor must obtain the agreement of the managers of each of the facilities by signing a convention.

At the point of sale, the distributor must inform the customer of the possibility of returning the used products to these premises. The information must include the name, address, contact details and opening hours of each of these facilities and the categories of users who may be accommodated there.

Delivery

When the sale is made with a delivery, the used products are taken back:

Either at delivery point (example: directly to the customer)
Either with a proximity collection point which the distributor finances and organizes or arranges in the case of transportable products without equipment
Either by making available a free return solution for the keeper, such as a postal service or equivalent, where the characteristics of the used products so permit. The used product is then returned:
- Or at the distributor's address
- Either from a collection point that the distributor funds and organizes or arranges
- Either directly with a waste prevention or management operator under contract with a approved eco-body on that category of product where the product so offers. This choice may be made only on confirmation of the existence of this device from the eco-body responsible for the used products.

In the case of online sales through a third party, the distributor subject to the take-back obligation must ensure that information on take-back conditions used products is issued to the buyer by the third party offering the products for sale before the conclusion of the sale. This third party may be, for example, the company responsible for delivering the product.

Where the third party does not offer such take-over, the distributor shall fulfill this obligation on his behalf.

The distributor may refuse to take back the used product which, following contamination or improper handling, shows a risk to the safety and health of staff responsible for recovery.

This shall apply taking into account the conventional personal protective equipment and the usual means of packaging made available to such personnel. This applies, for example, if the used product is sharp, toxic or presents infectious risks.

In this case, the distributor is obliged to inform the holder of the rejected used product of the alternative take-back solutions (for example at a nearby collection point set up by a eco-organism).

Products collected by dispensers are taken over by the eco-organisms and individual systems in charge of managing the collected products.

These organizations are responsible for valorization recovered products.

One penalty is intended for the fact, for a distributor, including in the case of distance selling:

From do not take back a used product of which the holder discards, where such return is compulsory for the distributor
From failing to comply with consumer information obligations on the return of used products

It's a fine of €1,500 (natural person) or €7,500 (legal person). The amount of the fine shall be doubled in the event of a repeat offense within one year.

Who can help me?

The public service accompanying companies

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Environmental Code: Article L541-10-8
Compulsory product take-back: explanation of the 2 types of take-back (I and II)
Environmental Code: Articles R541-158 to R541-166
Affected products, liability thresholds, other regulations on product take-back
Environmental Code: Article R541-169
Used products can be taken over during online sales
Environmental Code: Article R543-128-1
Battery recovery (portable batteries and accumulators)
Public Health Code: Articles R1335-8-2 and R1335-8-3
Resuming medical puncture devices
Public Health Code: Article R4211-23
Taking the medicines again

Mandatory take-back of certain used products by distributors

What are the 2 types of mandatory takeovers?

Which products must be taken over by distributors?

Which distributors are affected by the take-back of used products?

What needs to be put in place to ensure the return of used products?

Sales area

1-for-1 recovery only

Take-back without purchase obligation

Delivery

Can a distributor refuse to take back a used product?

What should the distributor do with the collected used products?

What is the penalty for refusing to take back used products?

Who can help me?

The public service accompanying companies

Statute and miscellaneous references

Additional topics