FRANCE Law and Practice Contributed by: Carine Le Roy-Gleizes, Corentin Chevallier, Alice Messin-Roizard and Antoine Juquin, UGGC Avocats
15.3 Circular Economy Requirements The French Environmental Code has provided for the principle of REP since 1975. The responsibility reverts to the producer of the product, the manufacture of which ultimately results in the creation of the waste. Approximately 30 sectors are now regulated, including sports, building materials and toys. Producers usually pay an eco-contribution to fulfil their REP obligation. In addition, a penalty is established for producers that do not meet the objectives. The 2020 legislation has also launched a system of economic bonuses and maluses to encourage more environmentally friendly methods of production. This system will apply to every product that belongs to a REP sector. The law also extends the existing obligation of the manufacturer to take back an old device, free of charge, when the consumer buys a new one. This obligation also applies to online commerce. Also, from January 2023, companies that put waste-generating products on the national market will have to inform consumers about the environmental qualities and characteristics of these products. In addition, a 2024 European regulation sets a frame- work for ecodesign requirements on products placed on the EU market. The requirements may cover prod- uct performance, such as availability of spare parts, and product information, such as key product fea- tures. Ecodesign requirements will be set on a prod- uct-by-product basis, with textiles and furniture being prioritised. 15.4 Rights and Obligations Applicable to Waste Operators Waste operators are considered as managers of waste storage and disposal facilities, and are therefore subject to legislation on classified facilities. They are subject to two types of liability: as facility operators and as waste holders. Their main obligations are to treat and manage waste in accordance with their environmental permit.
Furthermore, to make companies more accountable, French regulations require waste to be traceable, so that precise information can be kept on the charac- teristics, origin and destination of the waste. A waste- tracking slip, which can be added to the Trackdéchets platform, is used to track waste and ensure that it is treated in accordance with regulations and can be identified in the event of faulty management. The waste-tracking system also benefits waste opera- tors, who can demonstrate their lack of liability more easily in the event of waste-related issues. 16. Environmental Disclosure and Information 16.1 Disclosure and Reporting Requirements If there is a threat of persistent damage to the environ- ment, the operator of a classified facility must report the following to the regulatory authorities: the nature of the threat, the preventive measures that the opera- tor implements and their effects. If damage occurs, the operator must inform the authorities without delay, in addition to taking measures to end the causes of the damage and limit its aggravation, as well as its impacts on human health and ecological services. The regulatory authorities must address a formal notice to the operator in the event of non-disclosure or incomplete disclosure of these items of information. Upon expiry of the period determined by the regulato- ry authority in its formal notice, and without any reply from the operator, the regulatory authority will proceed with sanctions such as a fine of up to EUR45,000. Since the Lubrizol incident (see 10.4 Landmark Cases ), much has been carried out to improve cri- sis management and information within facilities in which dangerous substances could be the cause of major accidents. A September 2020 decree aimed at improving the prevention and management of indus- trial risks is one such example. For activities that affect water, the mayor and the pre- fect must be informed as soon as possible by any per- son aware of any incident or accident that endangers
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