EPR in France (Sport and leisure goods)
On February 12, 2022, the decree of January 31, 2022, was published approving an eco-organization of the sector with extended responsibility for the producer of sporting and leisure articles.
This new sector is part of the EPR (Extended Producer Responsibility), just like the Waste Electrical and Electronic Equipment (WEEE) household and professional sectors, and commits you, Producers on the market, to certain responsibilities and obligations.
What are Sports and Leisure Goods?
Sport and Leisure Goods are equipment used in the context of sports or outdoor leisure; including accessories and consumables, defined in R543-330 of the Environmental Code.
What articles are covered by the Sporting and Leisure Articles sector?
Cycles and mobility:
- Bike, scooter, skateboard, rollerblades;
- Tires and spare parts are included;
- Protection and accessories for bikes and cyclists: helmet, knee pads, elbow pads, pump, etc.
Water sports and recreation:
- Diving, snorkeling, swimming (fins, snorkel, pool mask, goggles, wetsuit, etc.);
- Fishing (Rod, fishing line, hook…);
- Surfboard, bodyboard, paddle, kayak, water skiing, windsurfing…
Sliding sports (Mountain):
- Skis, ski poles, boots, ice skates, sleds…
- Camping equipment, bow, and arrows, trampoline, petanque balls, climbing axes
- Bomb, saddle, riding crop, a bit…
- Racket, ball, ball, ping pong table…
- Basketball, football, handball, Rugby…
- Helmet, rope, carabiner…
Sports fitness, bodybuilding:
- Fitness mats, dumbbells, non-electric weight machines, etc.
Hunting & shooting:
- Hunting and sports shooting cartridges, targets, bandoliers, noise-canceling headphones, game bags, hunting boots, etc.
Am I a producer/marketer?
According to French regulations on Sporting and Leisure Items – Article R543-330 of the Environmental Code and following, a “producer” is a company that places ASL on the French market (mainland, DROM, and COM).
Still, according to the regulations, the producer may have one (or more) marketer status(es) according to the equipment marketing schemes in France:
- Manufacturer (manufactured on the national territory of the goods);
- Importer (introduces goods from countries outside the EU);
- Introducer (introduces goods from EU member countries);
- Assembler (assembles goods from EU or non-EU countries);
- Reseller (or distributor), if the equipment is sold under its own brand;
- Distance seller (sells at a distance directly from abroad to households or non-household users).
And this is whether the goods are intended to be transferred for payment or free of charge to the end user by any sales technique whatsoever or to be used directly on national territory.
The distance seller located in another country must appoint a French agent responsible for ensuring its EPR obligations in France.
What are my obligations as a producer?
The producer is responsible for the end of life of his waste and must fulfill his regulatory obligations. To do this, there are two possibilities: either join an eco-organization or set up your own system (Article L541-10 of the Environmental Code).
In both cases, the producer has the obligation to:
- Register on Ademe’s national register of producers: Syderep.
You also get the unique number (IDU).
This number is proof that the producer/marketer is well referenced in the register for a sector, as required by the regulations, and for all EPR sectors.
The IDU is used to identify producers in an individual system and producers who are members of an eco-organization who are eligible for the annual fee and to facilitate the monitoring and control of compliance with EPR obligations incumbent on these producers.
In France, the control of goods for sports and leisure is carried out by the eco-organization Ecologic:
- Declare every year the total quantities and weight of goods placed on the French market, and the rate of incorporation of recycled material by equipment;
- Transmit the annual collection and processing reports to the public authorities.
It is necessary to submit declarations no later than March 31 following the reporting period.
- Pay environmental fees.
How is the economic contribution calculated, and why is it needed at all?
There are 4 categories of goods that specifically correspond to waste streams as they are disposed of and treated.
They will be treated differently depending on the flow, and prices are proportional to weight. This explains the different prices depending on the products.