France's Extended Producer Responsibility for sports and leisure legislation
France has introduced Extended Producer Responsibility for sports and leisure legislation, which means that producers selling or planning to sell sports and leisure goods in France are likely affected. Lucy Dolan, International Compliance Advisor provides an overview of which businesses are obligated, what products are in scope, and the penalties for non-compliance.
If you are selling or plan to sell sports and leisure goods in France, it is likely you will be affected by the Extended Producer Responsibility (EPR). Article L. 541-10 of the Environmental Code, approved on 12 February 2022, concerns equipment used in the context of sports or outdoor recreation, including accessories and consumables, defined in R543-330 of the Environment Code.
The financial burden associated with the reuse and waste management of sports and leisure equipment will now sit with the producers of such goods. Producers should include this cost in the purchase price of the products to pass the contribution on to the consumer.
Who is obligated?
There are no minimum thresholds; therefore, producers will have to comply when the first item of sports and leisure equipment is placed onto the French market. Producers that have a physical presence in France or distance sell directly to consumers are likely to be obligated to comply with this EPR legislation.
Obligated producers must register with The French Agency for Ecological Transition (ADEME), declare data requirements, and fund the collection and education of take-back and collection sites. Producers have the option to register with a compliance scheme to transfer these obligations.
What products are in scope?
Below is a non-exhaustive list of products that will be in scope for the Sports and Leisure Articles sector:
- Bicycles & other transport equipment (non-powered)
- Water sports & leisure
- Sliding sports (mountain)
- Outdoor recreation
- Horse riding
- Racket sports
- Ball sports
- Sports fitness/Bodybuilding
- Hunting & shooting
Penalties for non-compliance
Failure to comply with this Sports and Leisure Regulation could result in non-compliance penalties. The AGEC law has planned penalties of €70 000 per product sold that has not been declared. Moreover, due to retroactivity, the producer will also have to pay back the eco contribution since 1 February.
Valpak International Compliance Service
If your business is affected by environmental legislation overseas, Valpak will remove the administrative and resource-intensive burden of complying and has a range of services that can be tailored to suit your business’s needs.
To find out more about international environmental legislation and how Valpak can help, please call 03450 682 572 or complete our online enquiry form.