B&A / Autre réglementation

Producer - How should I organize myself to fulfill my obligations?

According to the Decree and in the context of extended producer responsibility, producers of batteries and accumulators must fulfil their obligations to the collection and processing either:

  • collectively (by joining a collective scheme);
  • individually (by approval by the public authorities of their own individual scheme);
  • by transferring their obligations to the end user (through direct agreements).

The Decree foreseen the following possibilities for each type of battery and accumulator:

Type of battery and accumulator

Organisational options for the manufacturer to fulfil its obligations of collection and treatment

Portable
  • adhere to a collective scheme: COREPILE ou SCRELEC
  • approval of public authorities for an individual scheme

Automotive
  • adhere to a collective scheme: none to date
  • approval of public authorities for an individual scheme: none to date
  • transfer of obligations to the end user, instead of the household, via direct agreements (« Managed by the user  »).

Industrial
  • Provide direct disposal of their B&A waste (individually or collectively = « Individual scheme»)
  • Transfer obligation to the end user, industrial or business via direct agreements (« Managed by the user »).
 

- Individual scheme: if the producer opted for the approval of an individual scheme by the public authorities, it shall establish, under II. of Article R. 543-128-3 of the Environmental Code, the system of the collection and processing of battery and accumulator waste has the technical and financial capacity to meet all requirements of the specification for approval of an individual scheme.

Folder full approval should be transmitted as soon as possible to the Ministry for the Environment (contact: Irène PAROLINI : irene.parolini@developpement-durable.gouv.fr) and ADEME (contact: Marion SOULARD : marion.soulard@ademe.fr) for initial review. If it is deemed admissible, it will be subject to the opinion of the Commission of the Extended Responsibilities of Producers (CFREP). The approval specifications are available at the following link: https://www.bulletin-officiel.developpement-durable.gouv.fr/notice?id=Bulletinofficiel-0028780&reqId=aae6b07c-c32c-437b-a98d-d49af02914b4&pos=8

- Managed by the user: the transfer of obligations from manufacturer to end-user can run only if the user is not a household. The delegation must be inscribed in the equipment’s general terms of sales.

 Warning:

Particular case of individual scheme for Automotive B&A producers:

  • According to article R.543-129-3 of the Environmental Code, the automotive B&A producer has to remove or arrange removal, then treat or arrange treatment, at its expense, for automotive B&A waste collected separately. Other direct agreements may be set up with users, other than households, for automotive B&A placed on the market. When final user may be a household, it is not possible for the producer to transfer collection and treatment obligations to end user, whichever modalities.          
  • Article R.543-129-3 of the Environmental Code requires distributors to take back free of charge, and without obligation to purchase new B&A, the automotive B&A waste of the same type that he sells and that are brought by users. He has to inform users about the possibility to bring back automotive B&A waste to his sales points. The containers provided have to be highlighted and easily accessible. Concerning distance selling, the producer has to organize himself to find collection points in which user will be able to deposit this type of waste and inform them on his website.

 Warning:

Particular case of individual scheme for Industrial B&A producers :

  • According to R.543-130-1 article of the Environmental Code, the industrial B&A producer has to set up take-back schemes enabling industrial B&A users, for the B&A he placed on the national market, and operators of treatment installations for electrical and electronic equipment in which these B&A are integrated, to dispose of them once used. Producer has to anticipate the establishment of voluntary collection points for users and operators (or any other equivalent scheme) and has to ensure the treatment of these waste.
  • Producer has to inform users about collection procedures that are implemented, about the importance to collect separately these waste for the purpose of their treatment and recycling, and also about potential negative effects of substances used in these B&A, on environment and human health (article R.543-130-2). 
  • Industrial B&A producers can create structures in order to meet their obligations. They can also put in place direct agreements which define conditions under which users ensure all or part of the management of these waste (article R.543-130-4 and 5).





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