Mandatory take-back of certain used products by distributors
Verified 18 August 2025 - Directorate of Legal and Administrative Information (Prime Minister)
The distributors certain products subject to extended producer responsibility (EPR) must take back used products free of charge consumers are getting rid of. There are 2 types of covers: the “1 for 1” recoveryconcerning the purchase of an equivalent product by the consumer, and take-back without obligation to purchase.
There are 2 types of take-back obligations for used products by distributors :
- The recovery “ 1 for 1 ’: the distributor must resume without charge, or to have used products taken back without charge on its behalf, from which the end user (its customer) discards, within the limits of the quantity and type of product sold or 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 is subject totake-back obligation ‘1 for 1’. Upon delivery, the company hasobligation to take back his client's old washing machine, if there is one and the customer wishes to dispose of it at the time of delivery.
In store, whena customer buys a new washing machine, the company also the obligation to take back your old washing machine, if it is deposited by the customer.
- The recovery without obligation to purchase (or ‘1 for 0’): the distributor must resume without charge and without obligation to purchase waste arising 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 is subject to thetake-back obligation without purchase obligation.
She must resume for free and without obligation to purchase used fire extinguishers placed in his shop. It dedicates a space in the store to collect used extinguishers.
Mandatory take-back of products: explanations on the 2 types of take-back (I and II)
Products concerned, thresholds for liability, other regulations on the take-back of products
The take-back obligations concern some distributors products subject to extended producer responsibility (EPR) following:
- Construction products or materials in the construction sector intended for households or professionals
- Electrical and electronic equipment (EEE), whether intended for use by individuals or professionals
- Batteries (batteries and accumulators)
- Contents and Containers of Chemicals may have a significant risk to health and environment, from which waste from such products may be collected by the public waste management service, including gas cylinders and ink cartridges
- Furnishing elements, including upholstered seating or sleeping products and the elements of textile decoration
- Toys
- Sports and leisure items, including bicycles and non-motorized travel equipment (scooters, skateboards, etc.)
- DIY and garden items
- Tires, whether or not combined with other products, including solid tires and tires integral with a shell by design
- Medicines
- Perforating medical devices used by self-treating patients and users of HIV self-tests, including associated electrical and electronic equipment that is not part of the EEA PWR pathway.
Mandatory return of products
Battery recovery (portable batteries and accumulators)
Recovery of puncture-resistant medical devices
Resumption of medication
The distributors are concerned by taking back used products if they exceed thresholds. It exists 3 thresholds different:
- Threshold for the obligation to take back in store used products of the same type, within the limits of the quantity and type of product sold or the products it replaces (“1 for 1”): depending on the sales area dedicated to these products
- Threshold for the obligation to take back in store 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 limits of the quantity and type of product sold or of the products it replaces (“1 for 1”): based on the company's annual turnover.
The thresholds are as follows:
Products concerned | Threshold for recovery in store of used products of the same type (‘1 to 1’) | Threshold for recovery in store used products of the same type without obligation to purchase | Threshold for the take-back of distributors by delivery of used products of the same type (“1 for 1”) |
|---|---|---|---|
Electrical and electronic equipment | No threshold (concerned all sales surfaces) | Dedicated sales area of at least 400 m² | No threshold (concerned 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 greater than €100,000 |
Pyrotechnic products and fire extinguishers | No threshold (concerned all sales surfaces) | No threshold (concerned all sales surfaces) | No threshold (concerned all distributors by delivery) |
Tires | No threshold (concerned all sales surfaces) | Dedicated sales area of at least 250 m², including the attached storage surfaces assigned to it. Only for the recovery of tires deposited by the private individuals and in the limit of 8 used tires per year and per holder | No threshold (concerned 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 greater than €100,000 |
Single-use fuel 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 (concerned all distributors by delivery) |
Toys | Dedicated sales area of at least 200 m² | Dedicated sales area of at least 400 m² | Annual turnover greater than €100,000 |
Sports and leisure items | Dedicated sales area of at least 200 m² | Dedicated sales area of at least 400 m² | Annual turnover greater than €100,000 |
DIY and garden items | Dedicated sales area of at least 200 m² | Dedicated sales area of at least 400 m² | Annual turnover greater than €100,000 |
Construction products or materials in the construction sector | No “1-for-1” recovery | Dedicated sales area of at least 1,000 m² | No “1 for 1” return during deliveries |
Batteries (Portable batteries and accumulators) | No “1-for-1” trade-in, as trade-in without purchase obligation | No threshold (concerned all sales surfaces) | No threshold (concerned all distributors by delivery) |
Medicines | No “1-for-1” trade-in, as trade-in without purchase obligation | No threshold (concerned all pharmacies and pharmacies for indoor use) | No “1 for 1” return during deliveries |
Perforating medical devices used by self-treating patients and self-test users | No “1-for-1” trade-in, as trade-in without purchase obligation | No threshold (concerned all pharmacies, indoor pharmacies and medical biology laboratories) | No “1 for 1” return during deliveries |
Toys, sporting and leisure goods and DIY and garden items including larger dimension is greater than 160 cm and whose transport does not require equipment may not to be taken back by dedicated sales areas less than 1 000 m².
Pharmacies and pharmacies for indoor use must remit free of charge to each self-treating patient and each self-testing user using puncturing medical devices suitable packaging the type of waste resulting from the use of the device.
Please note
When the distributor offers temporarily products for sale, it is not not obligated to ensure that waste from products of the same type is taken back free of charge and without obligation to purchase outside sales periods.
Mandatory take-back of products: explanations on the 2 types of take-back (I and II)
Products concerned, thresholds for liability, other regulations on the take-back of products
Battery recovery (portable batteries and accumulators)
Recovery of puncture-resistant medical devices
Resumption of medication
The obligations of distributors differ according to:
- The type of distribution: in sales area (store) or per delivery
- The type of trade-in: “1 for 1” recovery or take-back without obligation to purchase
Répondez aux questions successives et les réponses s’afficheront automatiquement
Sales area
“1 for 1” recovery only
The return of used products must be carried out at the point of sale or in the immediate vicinity, by the making available to customerswhen purchasing a new product of the same type, containers or dumpsters suitable for collection.
The containers or dumpsters suitable for collection used products from which users discard and protective equipment individual associates are issued free of charge to distributors by eco-organisms.
The dispenser may contact the eco-organization responsible for the management of certain products if it does not have the necessary elements for the collection of these products.
FYI
Customers must be informed in the place of sale of the take-back conditions (place of deposit, obligation to purchase) made available to them:
- Visibly, legibly and easily accessible (for example by a dedicated display)
- Before the sale was completed.
Reversal without obligation to purchase
The return of used products must be carried out at the point of sale or in the immediate vicinity, by the making available to customers of containers or dumpsters suitable for collection.
The containers or dumpsters suitable for collection used products from which users discard and protective equipment individual associates are issued free of charge to 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 elements for the collection of these products.
FYI
Customers must be informed in the place of sale, take-back conditions (place of deposit) made available to them in a visible, legible and easily accessible manner.
For the construction products or materials in the construction sector, the distributor may indicate to its customers that the take-back may be made from 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 all used products and materials that the distributor is obliged to take back at no cost.
- Each end user can dispose of their products and materials.
Before proposing this type of takeover, the distributor must obtain the agreement of the managers of each of the facilities by signing an agreement. convention.
In the places of sale, the distributor must inform the customer of the possibility of taking back the used products in these facilities. The information must include the name, address, contact information and opening hours of each of these facilities as well as the categories of users that may be accommodated there.
When a distributor has to take back used batteries and used electrical and electronic equipment, it places the containers or collection bins dedicated to these used products in immediate proximity to each other.
These containers or bins are identified by a sign explicitly mentioning the appropriate sorting gesture in order to separately collect batteries and electrical and electronic equipment.
As far as possible, they are closed and their content is made inaccessible to the public.
Delivery
When the sale is made with a delivery, the return of used products is made:
- Either at delivery point (example: directly at the customer)
- Either with a proximity collection point that the distributor finances and organizes or has organized when it comes to transportable products without equipment
- Either by making available a free referral solution for the keeper such as a postal service or equivalent where the characteristics of the used goods so permit. The used product is then returned:
- Or at the address of the distributor
- Either from a collection point that the distributor finances and organizes or has organized
- Either directly with a waste prevention or management operator under contract with a approved eco-organization on that product category when offered by the latter. This choice can only be made on confirmation of the existence of this device with the eco-body in charge of 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 takeover, the distributor must fulfill this obligation on its behalf.
Mandatory take-back of products: explanations on the 2 types of take-back (I and II)
Products concerned, thresholds for liability, other regulations on the take-back of products
Take back used products during online sales
The distributor may refuse to take back the used product which, following contamination or improper handling, has a risk to the safety and health of personnel in charge of recovery.
This applies taking into account the conventional personal protective equipment and the common packaging means available to these personnel. This applies, for example, if the used product is sharp, toxic, or presents infectious risks.
In this case, the distributor is required to inform the holder of the rejected used product of alternative take-back solutions (for example at a local collection point set up by a eco-organism).
Refusal to resume
Products collected by distributors are taken over free of charge by eco-organisms and individual systems in charge of the management of the collected products.
These organizations are responsible for valuation recovered products.
Mandatory return of products: explanations
One penalty is intended for the fact, for a distributor, including distance selling:
- From do not take back a used product of which its holder discards, where such take-back is compulsory for the distributor
- From not complying with consumer information obligations on the take-back of used products.
This is a fine of €1,500 (natural person) or €7,500 (legal person). The amount of the fine shall be doubled in the event of repeated infringement within one year.
Penalty foreseen
Who can help me?
The public service accompanying companies
Do you have a project, a difficulty, a question of everyday life?
Simple and free: you are called back within 5 days by THE advisor who can help you.
Mandatory take-back of products: explanations on the 2 types of take-back (I and II)
Products concerned, thresholds for liability, other regulations on the take-back of products
Take back used products during online sales
Battery recovery (portable batteries and accumulators)
Recovery of puncture-resistant medical devices
Resumption of medication
Agency for Ecological Transition (Ademe)