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DEEE in France: WEEE under French law, IDU and AGEC

In France, waste electrical and electronic equipment is called DEEE (déchets d'équipements électriques et électroniques). Directive 2012/19/EU is transposed in the Code de l'environnement: the general extended producer responsibility (EPR) rules in Articles L541-10 et seq., most of them rewritten by the anti-waste and circular economy law (Law 2020-105 of 10 February 2020, known as AGEC), and the WEEE subsection in Articles R543-172 to R543-206. The French text is stricter than the directive on several points: eight categories instead of six, a unique identifier (IDU) per EPR stream, a visible fee passed on unchanged to the end customer, a mandatory French authorised representative for foreign producers, a repair fund, and a repairability index now being replaced by a durability index. This guide reads the consolidated code as of 7 October 2026, article by article, and lists the claims that the texts contradict.

DateEventSource
13 August 2005Cut-off for the producer identification and date marking, and for professional producer take-back of their own equipmentR543-177, R543-195
19 August 2014Decree 2014-928 restructures the WEEE subsection (exclusions of R543-172-1)Decree 2014-928
15 August 2018Open scope: the additional exclusions of R543-172-1 II applyR543-172-1
10 February 2020AGEC law: repairability and durability indexes, sorting information, IDU, marketplaces, repair fundLaw 2020-105
27 November 2020Decree 2020-1455: common EPR rules (IDU in terms of sale, repair fund scope, distributor take-back)R541-146, R541-173
29 December 2020Decree 2020-1725 rewrites the WEEE subsection; Decree 2020-1757 creates the repairability indexR543-173 et seq., R541-210
1 January 2021Repairability index displayed on the first categoriesMinistry, repairability index page
29 June 2021Decree 2021-835 on the sorting symbol (Triman) and sorting informationR541-12-17 et seq.
1 January 2022R543-172 in its eight-category version (Decree 2021-1213 of 22 September 2021)R543-172
2022Start of the 2022 to 2027 approvals of Ecologic, ecosystem and SorenMinistry, DEEE page
22 April 2022Repairability index orders for dishwashers, vacuum cleaners and high-pressure cleanersMinistry, repairability index page
15 December 2022Repair bonus available through QualiRépar-labelled repairersService-Public.fr
20 February 2024Decree 2024-123: repair fund of at least 10 % of estimated repair costsR541-147
5 April 2024Decree 2024-316 creates the durability indexR541-215 to R541-221
27 December 2024Decree 2024-1221: current distributor take-back thresholdsR541-160
8 January 2025Durability index replaces the repairability index for televisionsMinistry, durability index page
8 April 2025Durability index for washing machines (front and top loading)Ministry, durability index page
20 June 2025EU energy label with repairability class for smartphones and slate tabletsRegulation (EU) 2023/1669, Article 8
26 June 2025Order repealing the French repairability index for smartphonesMinistry, repairability index page
8 July 2026Law 2026-602 amends L541-10-3 and words L541-10-9-1 (French authorised representative)Code de l'environnement
31 December 2027End of the current 2022 to 2027 approval periodMinistry, DEEE page
1 January 2028Latest date for specific recycling, reuse and repair targets for some goods with digital elementsL541-10-20 III
LevelTextWhat it does for EEE
EUDirective 2012/19/EUMinimum rules: scope, six categories, collection and recovery targets, marking. See the EU WEEE guide
StatuteL541-9-2 to L541-9-5Repairability and durability index, sorting information, penalties
StatuteL541-10 to L541-10-28EPR framework common to all streams; L541-10-1 5° places EEE under EPR, L541-10-20 adds EEE-specific rules
RegulationR541-86 et seq.Common EPR rules: approval, IDU, repair fund, distributor take-back, marketplaces
RegulationR541-210 to R541-221Calculation and display of the two indexes
RegulationR543-172 to R543-206WEEE subsection: scope, categories, producer, marking, collection, treatment, penalties
Consumer codeL111-4, L441-2Spare parts, planned obsolescence

Article L541-10-1 lists the products under EPR in France; EEE is item 5°, "whether intended for private individuals or professionals". Batteries are a separate stream (6°), with their own registration and their own eco-organisations. The WEEE stream sits next to, and does not replace, the product rules of CE marking: RoHS restricts substances in new EEE, and ESPR (Regulation (EU) 2024/1781) sets ecodesign and information requirements through delegated acts.

Article R543-172 defines EEE exactly as the directive does (up to 1,000 V AC and 1,500 V DC) and, since 1 January 2022, classifies it into eight categories. Categories 1 to 6 are those of Annex III of the directive; 7 and 8 are French additions.

French category (R543-172 II)Directive Annex IIITypical examples
1. Temperature exchange equipmentCategory 1Refrigerators, freezers, air conditioners, heat pumps
2. Screens, monitors and equipment containing screens with a surface greater than 100 cm2Category 2Televisions, monitors, laptops and notebooks (Annex IV of the directive)
3. LampsCategory 3Fluorescent lamps, discharge lamps, LED lamps
4. Large equipmentCategory 4 (any external dimension above 50 cm)Washing machines, cookers, large printers
5. Small equipmentCategory 5 (no external dimension above 50 cm)Vacuum cleaners, kettles, small tools, electronic toys
6. Small IT and telecommunication equipmentCategory 6 (no external dimension above 50 cm)Mobile phones, routers, GPS, pocket calculators
7. Photovoltaic panelsPart of category 4 in the directivePanels
8. Electrically assisted cycles and motorised personal mobility devices (as defined in R311-1 of the Highway Code)Not a separate categoryE-bikes, e-scooters

Article R543-172 III adds a French rule for modular systems: electrical and electronic sub-assemblies designed to be connected to each other in a modular and reversible way are EEE in their own right, unless they are supplied to an EEE producer who integrates them. The exclusions of R543-172-1 mirror Article 2(3) and 2(4) of the directive (military equipment, filament bulbs, large-scale stationary industrial tools, large-scale fixed installations, means of transport, professional non-road mobile machinery, B2B research equipment, active implantable medical devices and infective medical devices).

Article R543-174 copies the four limbs of the directive: a producer established in France that manufactures or has EEE made and sells it under its own name in France (a); a reseller under its own brand (b), unless the original brand appears on the equipment; whoever places on the French market EEE from a third country or another Member State (c); and a seller established elsewhere that sells to French users at a distance (d). A pure financier is not a producer.

ActorStatus
Manufacturer established in France selling under its own brandProducer (a)
Distributor selling under its own brandProducer (b), unless the manufacturer brand appears on the equipment
Importer established in France (from a third country or another Member State)Producer (c)
Seller established abroad, distance selling to French usersProducer (d); must appoint a French authorised representative (L541-10-9-1)
Online marketplace facilitating sales by a third partyBears the EPR obligations itself unless it holds proof the third party complies; an IDU counts as proof (L541-10-9)
French distance seller selling into another Member StateMust appoint an authorised representative in that State (R543-175)

Article L541-10-9-1, as worded by Law 2026-602 of 8 July 2026, requires any person not established in France and subject to EPR to appoint, by written mandate, an authorised representative established in France, who takes over all EPR obligations it accepts. The obligation is deemed met when a marketplace established in France ensures compliance for the products concerned. This is wider than Article 17 of the directive, which makes an authorised representative mandatory only for EU-established distance sellers.

Registration and the unique identifier (IDU)

Section titled “Registration and the unique identifier (IDU)”

Article L541-10-13 requires every EPR producer to register with the administrative authority, which issues a unique identifier, and to report annually, per product category: proof of membership of an eco-organisation (or of an individual system), data on products placed on the market including recycled content, data on waste management, and the data needed to track targets. The report may go through the eco-organisation. The register is kept by ADEME (the public body of Article L131-3), on its SYDEREP platform; for producers in a collective scheme, the eco-organisation enters its members and generates the IDU. ADEME publishes the list of registered producers with their IDU, updated daily.

ObligationArticlePractical consequence
Register and obtain an IDUL541-10-13One IDU per EPR stream: EEE, batteries, packaging are separate
Report annually per categoryL541-10-13Usually through the eco-organisation
Show the IDU in the general terms of sale, or another contractual documentR541-173Also on the website, with the legal notices
Give the IDU to a buyer on requestL541-10-10Applies to every seller
Treatment information to recyclers within one year of marketing each new EEE typeR543-178Components, materials and location of hazardous substances

Producers meet their obligation collectively through approved eco-organisations, which they govern and to which they pay a contribution (L541-10 I), or through an approved individual system. Approvals last at most six years (L541-10 II). For the 2022 to 2027 period the ministry lists:

ScopeApprovedCategories
Household EEEEcologic1, 2, 4, 5, 6 and 8
Household EEEecosystem1, 2, 4, 5, 6 and 8
Household EEESoren7 (photovoltaic panels)
Lampsecosystem3
Professional EEEEcologic, ecosystemPer approval order
Professional EEE, individual systemsFour manufacturers listed by the ministryTheir own equipment
Coordinating body, household WEEEOCAD3ECoordination between eco-organisations

ecosystem comes from the merger of Eco-systèmes (household WEEE) and Récylum (lamps and professional WEEE), which operated as ESR before taking the name ecosystem in 2019 (trade press). Eco-organisations must treat producers on objective, transparent and non-discriminatory terms and must transfer unused contributions when a producer changes eco-organisation (L541-10 III).

Contributions, eco-modulation and the visible fee

Section titled “Contributions, eco-modulation and the visible fee”

The contribution covers prevention, collection, transport and treatment of the waste, data management and communication, less the revenue from recovered materials (L541-10-2).

Eco-modulation (L541-10-3). Contributions are modulated, where possible, for each product or group of similar products, according to environmental performance criteria. The criteria listed in the article include environmental impact (including biodiversity and carbon footprint), quantity of material, recycled content, sustainably managed renewable resources, durability, reparability, reuse, recyclability, advertising or promotional purpose, ecotoxicity and hazardous substances, and, where possible, practices that affect product lifetime.

RuleArticle L541-10-3
FormBonus paid by the eco-organisation, or penalty paid by the producer
SizeMay exceed the contribution itself; the contribution can become zero or negative
Cap on requestOn a reasoned request of the producer, bonus or penalty limited to 20 % of the price excluding VAT
GovernanceSubject to the opinion of the minister; may be set by ministerial order
ReviewTrajectory assessed within three years of approval, modulation strengthened if needed
Misleading markingSigns that may confuse sorting rules carry a penalty at least equal to the contribution

The exact scales are published by each eco-organisation; L541-10-15 requires them to publish the modulation data per criterion and per product type.

Visible fee (L541-10-20 I). Anyone who manufactures, imports or introduces household EEE on the French market, and every successive buyer down to the end user, must show on the sales invoice, in addition to the unit price, the unit cost of managing the separately collected waste. The amount equals the cost of managing that waste, cannot be discounted, and is passed on unchanged to the end customer. The directive only allows Member States to require this (Article 14(1)); France makes it mandatory for household EEE. For professional EEE, informing buyers of these costs is optional (R543-195 III).

Article R543-177 (Decree 2007-1467) sets two obligations:

  • Every EEE placed on the market after 13 August 2005 carries a marking that identifies its producer and shows it was placed on the market after that date.
  • Household EEE also carries the crossed-out wheeled bin of the annex to the article. If the dimensions of the equipment do not allow it, the symbol goes on the packaging and on the warranty documents and instructions.

AGEC added a sorting information duty (L541-9-3): every household product under EPR carries a sign telling the consumer it is subject to sorting rules (the Triman, defined in Decree 2021-835), together with information on how to sort or drop off the waste. For EEE, Article R541-12-20 allows the Triman to be replaced by another common sign that is mandatory under EU law, which is the case of the crossed-out wheeled bin; the sorting information itself is drawn up by the eco-organisations (R541-12-18) and must sit next to the sign (R541-12-21). When the largest side of the product or packaging is under 10 cm2 and no document accompanies the product, both may be given digitally.

ObligationRule for EEEArticle
1-for-1Take back free of charge the used product of the same type as the one sold, in the limit of the quantity sold; no surface threshold for EEEL541-10-8 I, R541-160 a
With deliveryTake back at the delivery point, or at a nearby collection point for products transportable without equipment, or by a free return solution such as postL541-10-8 I, R541-161
1-for-0Shops with at least 400 m2 of sales area dedicated to EEE take back, without purchase, waste from products of the same typeL541-10-8 II, R541-160 a
Limit of 1-for-0Products of a nature and dimensions equivalent to those offered for saleR541-162
InformationTake-back conditions shown visibly before the sale, including for distance salesR541-163
Batteries next to EEEContainers for used batteries and used EEE placed next to each other, with sorting signsR541-165-1
PenaltyFifth-class petty offenceR541-166

Unlike Article 5(2)(c) of the directive, the French 1-for-0 rule is not limited to very small WEEE (no external dimension above 25 cm): its limit is the range of products that the shop sells.

Household WEEEProfessional WEEE
DefinitionWaste from households, plus similar commercial, industrial and institutional waste; dual-use EEE is always household (R543-173 1°)All other WEEE (R543-173 2°)
Producer responsibilityCollect and treat whatever the date of placing on the market, shared by category in proportion to market share (R543-188)Equipment placed on the market after 13 August 2005, and older equipment replaced by an equivalent (R543-195 I)
Older equipment not replacedCovered by producersPaid by the user (R543-195 II)
Visible feeMandatory on invoices (L541-10-20)Optional information (R543-195 III)
Crossed-out wheeled binMandatory (R543-177)Not required by R543-177; producer and date marking still required

The repairability index (L541-9-2 I, R541-210 to R541-214) is a score out of 10 per model, set by the producer or importer and shown by the seller in store and online next to the price. It is the sum of five scores out of 20, divided by ten:

Criterion (R541-214)Score
Documentation: duration of availability of technical documentation and use and maintenance advice/20
Disassembly: steps to reach parts, tools, fasteners/20
Availability of spare parts and delivery times/20
Price of spare parts relative to the price of the equipment/20
Criteria specific to the category/20

The durability index (L541-9-2 II, Decree 2024-316, R541-215 to R541-221) replaces the repairability index category by category (R541-216). It combines a reparability score from 0 to 10, a reliability score from 0 to 10 (resistance to stress and wear, ease of maintenance, commercial warranty, quality process) and, where relevant, a score for software and hardware upgrades. Producers must answer requests for the detailed table within five working days, for at least two years after the last unit of a model is placed on the market, and the data are published on the national open data portal.

CategoryStatus on 7 October 2026
LaptopsRepairability index (since 1 January 2021)
Lawn mowersRepairability index (since 1 January 2021)
Dishwashers, vacuum cleaners, high-pressure cleanersRepairability index (orders of 22 April 2022)
TelevisionsDurability index since 8 January 2025
Washing machines, front and top loadingDurability index since 8 April 2025
SmartphonesFrench index repealed by order of 26 June 2025; EU repairability class on the energy label since 20 June 2025 (Regulation (EU) 2023/1669)

Breaching the index or sorting information rules is punishable by an administrative fine of up to 3,000 euros for a natural person and 15,000 euros for a legal person (L541-9-4).

Repair fund (L541-10-4). Each eco-organisation for household EEE (except lamps and photovoltaic panels, R541-146) runs a fund that pays part of the cost of repairs done by a labelled repairer on products held by consumers. Since Decree 2024-123 of 20 February 2024, the fund is at least 10 % of the estimated repair costs of the products covered, reachable gradually within six years; repairs under the legal or a commercial warranty are not counted (R541-147). For consumers this is the repair bonus, available since 15 December 2022 through QualiRépar-labelled repairers and deducted directly from the invoice. A separate fund finances reuse (L541-10-5).

Spare parts (L111-4, consumer code). Manufacturers and importers tell professional sellers whether spare parts are available and for how long; for EEE, missing information means parts are deemed unavailable. For household appliances, small IT and telecommunication equipment, screens and monitors on a list set by decree, parts must remain available while the model is marketed and for at least five years after the last unit is placed on the market. Parts must be supplied to sellers and repairers within fifteen working days.

Planned obsolescence (L441-2). Using techniques, including software, by which the person placing a product on the market deliberately aims to shorten its lifetime is a criminal offence, punishable by two years of imprisonment and a fine of 300,000 euros, which may rise to 5 % of average annual turnover (L454-6).

BreachPenaltyArticle
Any EPR prescription of the sectionAdministrative fine up to 1,500 euros (natural person) or 7,500 euros (legal person) per unit or per tonne; daily penalty up to 20,000 eurosL541-9-5
Not registered, register not filled in, wrong data, or IDU not shownAdditional administrative fine up to 30,000 eurosL541-9-5
Repairability or durability index, sorting informationUp to 3,000 euros (natural person) or 15,000 euros (legal person)L541-9-4
Marking of R543-177, treatment information, visible fee informationThird-class petty offenceR543-205
Battery removability (R543-176), treatment of componentsFifth-class petty offenceR543-206
Waste operator handling WEEE without a contract with an approved schemeUp to 750 euros (natural person) or 3,750 euros (legal person) per tonneR543-200-1
Common claim (some made by earlier versions of this page)What the text says
Laptops are in category 6 (small IT)Annex IV of the directive lists laptops and notebooks in category 2 (screens greater than 100 cm2); R543-172 uses the same category 2
France uses the six categories of the directiveR543-172 II has eight categories since 1 January 2022: photovoltaic panels (7) and e-bikes and personal mobility devices (8) are separate
Registration is an "RPDP number", one per company, shared with batteriesL541-10-13 creates a unique identifier per EPR stream; EEE and batteries each have their own IDU
Registration is codified at R543-179R543-179 to R543-185 are no longer in the code; registration is in L541-10-13 and R541-173
ecosystem came from a three-way merger in 2018 and covers professional WEEE only since 2021The merger was of Eco-systèmes and Récylum (trade press); Récylum already handled professional WEEE
The crossed-out wheeled bin is required on every EEER543-177 requires producer and date marking on every EEE, and the bin on household EEE
The repairability index is a weighted average of five componentsR541-214 sums five scores out of 20 and divides by ten: each criterion counts equally
The repairability index covers "televisions above a certain size" and smartphonesTelevisions moved to the durability index on 8 January 2025; the smartphone index was repealed in June 2025 after the EU label
Eco-modulation has existed only since 2023 and follows a fixed bonus and penalty tableL541-10-3 sets criteria, allows modulation above the contribution and a 20 % of price cap on request; scales are set by each eco-organisation
The annual declaration is due by end of MarchL541-10-13 requires an annual report; the code sets no March deadline
Foreign sellers only need a representative if they use a marketplaceL541-10-9-1 requires every EPR producer not established in France to appoint a French authorised representative
The 1-for-0 take-back is limited to items under 25 cmIn France it covers products of the type and dimensions the shop sells (R541-162); 25 cm is the directive minimum
Without an eco-organisation, placing on the market is prohibitedThe code allows an approved individual system (L541-10 I); the sanction for non-compliance is the fines of L541-9-5

1. Map the producer role. For each product sold in France, identify who is the producer under R543-174 (you, your importer, or you as a distance seller). If you are not established in France, appoint a French authorised representative (L541-10-9-1).

2. Classify. Place each product in one of the eight R543-172 categories, applying categories 1 to 3 before the 50 cm rule (laptops and other screen products above 100 cm2 go in category 2). Decide household or professional under R543-173: dual-use equipment is household.

3. Join an eco-organisation and get the IDU. Join an approved eco-organisation for the categories concerned (or set up an approved individual system), obtain the EEE IDU through SYDEREP, and a separate IDU for built-in batteries. Put the IDU in the general terms of sale and on the website.

4. Mark and inform. Producer and date marking on every product, crossed-out wheeled bin on household products, sorting information next to it, visible fee on invoices for household EEE, and treatment information for recyclers within one year.

5. Indexes and parts. Calculate and publish the repairability or durability index where the category requires it, and set up spare parts availability and the information required by L111-4.

6. Report every year through the eco-organisation, and keep the data behind the eco-modulation criteria that apply to your products.

Sources & references

  1. Code de l'environnement, consolidated edition of 7 October 2026 (built from Légifrance open data; Articles L541-9-2 to L541-10-20, R541-146 to R541-221, R543-172 to R543-206), codes.droit.org codes.droit.org/PDF/Code%20de%20l%27environnement.pdf
  2. Article R543-172, Code de l'environnement (eight categories, version in force since 1 January 2022), Légifrance www.legifrance.gouv.fr/codes/article_lc/LEGIARTI000044096673
  3. Article L541-10-13, Code de l'environnement (registration and unique identifier), Légifrance www.legifrance.gouv.fr/codes/article_lc/LEGIARTI000041583847
  4. Article L541-10-3, Code de l'environnement (modulation of contributions), Légifrance www.legifrance.gouv.fr/codes/article_lc/LEGIARTI000043974919
  5. Article L541-10-9, Code de l'environnement (online marketplaces), Légifrance www.legifrance.gouv.fr/codes/article_lc/LEGIARTI000041599049
  6. Law 2020-105 of 10 February 2020 on anti-waste and the circular economy (AGEC), Légifrance www.legifrance.gouv.fr/jorf/id/JORFTEXT000041553759
  7. Code de la consommation, consolidated edition (Articles L111-4, L441-2 and L454-6), built from Légifrance open data, codes.droit.org codes.droit.org/PDF/Code%20de%20la%20consommation.pdf
  8. Ministry for Ecological Transition, Electrical and electronic equipment (DEEE): approved eco-organisations 2022 to 2027, Ministère de la Transition écologique www.ecologie.gouv.fr/politiques-publiques/equipements-electriques-electroniques-deee
  9. Ministry for Ecological Transition, Repairability index (categories and orders), Ministère de la Transition écologique www.ecologie.gouv.fr/politiques-publiques/indice-reparabilite
  10. Ministry for Ecological Transition, Durability index (televisions from 8 January 2025, washing machines from 8 April 2025), Ministère de la Transition écologique www.ecologie.gouv.fr/politiques-publiques/indice-durabilite
  11. ADEME open data, EPR producers registered in SYDEREP with their unique identifier, ADEME data.ademe.fr/datasets/rep-producteurs-idu
  12. Service-Public.fr, repair bonus for electrical and electronic appliances from 15 December 2022, Service-Public.fr www.service-public.gouv.fr/particuliers/actualites/A16129
  13. Commission Delegated Regulation (EU) 2023/1669, energy labelling of smartphones and slate tablets (applies from 20 June 2025), EUR-Lex eur-lex.europa.eu/eli/reg_del/2023/1669/oj
  14. Directive 2012/19/EU on waste electrical and electronic equipment, EUR-Lex eur-lex.europa.eu/eli/dir/2012/19/oj
  15. ecosystem, approvals and specifications, ecosystem decouvrir.ecosystem.eco/agrements
  16. ecosystem, approved eco-organisation for household and professional WEEE, ecosystem www.ecosystem.eco/
  17. Ecologic, approved eco-organisation for household and professional WEEE, Ecologic www.ecologic-france.com/
  18. Filière 3E, ESR (Eco-systèmes and Récylum) becomes ecosystem (trade press, December 2019), Filière 3E www.filiere-3e.fr/2019/12/10/recyclage-esr-devient-ecosystem/

Frequently asked questions

What is the difference between WEEE and DEEE?
DEEE (déchets d'équipements électriques et électroniques) is the French name for WEEE. Directive 2012/19/EU is transposed in the Code de l'environnement: the extended producer responsibility (EPR) framework in Articles L541-10 et seq. and the WEEE subsection in Articles R543-172 to R543-206. The French text goes further than the directive in several places: eight categories instead of six (photovoltaic panels and electrically assisted bicycles and personal mobility devices are categories of their own), a mandatory visible fee on invoices, a mandatory French authorised representative for producers not established in France, a repair fund and a durability index.
What is the IDU and how is it obtained?
The IDU is the unique identifier that Article L541-10-13 requires every EPR producer to obtain by registering with the administrative authority, in practice ADEME through its SYDEREP platform. There is one IDU per EPR stream, not one per company: a producer of EEE with built-in batteries holds an EEE IDU and a batteries IDU. A member of an eco-organisation is registered on SYDEREP by that eco-organisation. Article R541-173 requires the IDU in the general terms of sale (or another contractual document) and on the website, and ADEME publishes the list of registered producers.
Which eco-organisations are approved for household WEEE?
For the 2022 to 2027 period, the Ministry for Ecological Transition lists Ecologic and ecosystem for household categories 1, 2, 4, 5, 6 and 8, and Soren for category 7 (photovoltaic panels). ecosystem also holds the approval for lamps (category 3). For professional EEE, Ecologic and ecosystem are approved, and a few manufacturers run approved individual systems. Approvals last at most six years (Article L541-10 II), so the current ones run to the end of 2027. OCAD3E is the coordinating body for household WEEE.
Is the repairability index still in force?
Partly. The index (a score out of 10, Article L541-9-2 and Decree 2020-1757) has applied since 1 January 2021. According to the ministry it still covers laptops, lawn mowers, dishwashers, vacuum cleaners and high-pressure cleaners. For televisions (since 8 January 2025) and washing machines (since 8 April 2025) the durability index of Decree 2024-316 replaced it. For smartphones, the French index was repealed by an order of 26 June 2025, after the EU energy label with a repairability class became mandatory on 20 June 2025 under Regulation (EU) 2023/1669.
What is eco-modulation?
Article L541-10-3 requires the contributions paid to an eco-organisation to be modulated, where possible, by environmental performance criteria, including durability, reparability, reuse, recyclability, recycled content and hazardous substances. The modulation is a bonus paid by the eco-organisation or a penalty paid by the producer. It may exceed the contribution itself, and can make the contribution zero or negative. On a reasoned request, the eco-organisation must cap the bonus or penalty at 20 % of the product price excluding VAT. The scales are set by each eco-organisation, subject to the opinion of the minister.
How do you tell household WEEE from professional WEEE?
Article R543-173 copies the directive: household WEEE includes waste from commercial, industrial and institutional sources that is similar in nature and quantity, and waste from EEE likely to be used both by households and by other users is household WEEE. Household producers must collect and treat household WEEE whatever the date it was placed on the market (R543-188). Professional producers take back what they placed on the market after 13 August 2005, and older equipment when they replace it with an equivalent product; other older equipment is the responsibility of the user (R543-195).
What are the penalties?
Under Article L541-9-5, the minister can impose an administrative fine of up to 1,500 euros (natural person) or 7,500 euros (legal person) per unit or per tonne of product concerned, plus a daily penalty of up to 20,000 euros, and a fine of up to 30,000 euros for not being registered, giving wrong data or not showing the IDU. Breaching the repairability or durability index or sorting information rules carries up to 3,000 euros or 15,000 euros (L541-9-4). Missing marking under R543-177 is a third-class petty offence (R543-205).