France's new EPR for DIY and Gardening Equipment legislation

As Extended Producer Responsibility (EPR) continues to develop in France, Valpak’s International Account Manager, Ella McCartney examines the implementation of the new DIY and Gardening Equipment EPR legislation.

France’s DIY and Gardening Equipment recycling sector was created by the Anti-Waste Law for a Circular Economy in February 2020. This law was founded on the producer pays principle where businesses that manufacture, import, or assemble goods that are placed onto the French market have to pay compulsory eco-contribution fees.

Producers are legally obligated to ensure the development and repair of DIY products and gardening equipment, alongside the management of collections, sorting, and treatment when these items reach end of life.

Affected businesses

The DIY and gardening sector will essentially affect businesses that sell these items to consumers in France. Companies that have a physical presence in France, alongside those that distance sell directly to consumers, will be legally obligated to comply.

Products in scope

The new sector covers the following four categories of products:

  • Painter’s tools
  • Thermal motorised machines and devices
  • DIY materials (including hand tools)
  • Products and materials intended for the maintenance and development of the garden

The following products are excluded from scope:

  • Products designed to be exclusively used by professionals
  • Hardware store products including non-thermal products such as rope, string, and screws/nails
  • Decorative ornaments
  • Masonry equipment

How to comply

Obligated companies will be required to declare data regarding the total number of units and total tonnes placed onto the French market by product code. These submissions are made quarterly with the first declaration for 2023 Q1 starting in April.

If a producer places less than 10,000 units and less than 15 tonnes of DIY and gardening equipment onto the French market in a year, they can apply for an annual flat rate declaration. Producers that qualify for the flat rate declaration need only submit the total number of units they produce per year. Producers must determine at the start of each year if they can apply for the flat rate declaration.

Penalties for non-compliance

The penalties for producers that do not comply with this new legislation can reach up to €70,000 per product sold without a Unique Identification Number. A Unique Identification Number is provided to producers that are compliant with DIY and Gardening Equipment EPR legislation requirements.

Valpak International Compliance Service

If your business is affected by environmental legislation overseas, we will remove the administrative and resource-intensive burden of international environmental compliance. We can provide a range of services that can be tailored to suit your business’s needs.

To find out more about international environmental legislation that could affect your business and how Valpak can help ensure compliance please call us on 03450 682 572 or complete our online enquiry form.