Question 14050 — waste

Summary

Mr. Nicolas Ray draws the attention of the Minister Delegate to the Minister for Ecological Transition, Biodiversity and International Negotiations on Climate and Nature, responsible for ecological transition, to the operation and effectiveness of the extended producer responsibility (EPR) system. Based on the “polluter pays” principle, this mechanism, which today constitutes one of the main instruments of French waste management and circular economy policy aims to have marketers finance the prevention and management of the end of life of the products they market, in particular through the payment of eco-contributions to approved eco-organizations. Since the adoption of the law of February 10, 2020 relating to the fight against waste and the circular economy (AGEC), the number of REP sectors has increased. considerably increased, now covering many economic sectors and involving a growing number of companies. Although the environmental objectives pursued by this system are widely shared, many economic players and local authorities have expressed significant concerns about its implementation. The lack of readability and transparency in the setting and use of eco-contributions, as well as that in the governance of approved eco-organizations, indeed fuel serious concerns. The opacity of a system, in which considerable sums are taken from companies without them having clear information on the calculation methods, the evolution of the scales or the precise use of the funds collected, fuels a feeling of injustice. Economic actors thus have the impression of financing a system whose rules and results remain deeply unsatisfactory. The very consistency of the scope of certain sectors is sometimes debated. The sporting and leisure goods sector is an illustration of this. While this sector brings together very diverse activities whose distribution circuits, waste volume and economic realities differ greatly, the grouping of these activities in the same REP sector leads to eco-contribution scales disconnected from the reality of waste management costs specific to each of these sectors. Furthermore, the complexity of the recovery arrangements in certain sectors also constitutes a major obstacle. Thus, since the implementation of the extended producer responsibility system for building construction products and materials (REP PMCB), which came into force in May 2023, companies and Building craftsmen pay significant eco-contributions even though free waste recovery services are still largely deficient. Industry players also point to the poor deployment of the collection service on construction sites and in companies, even though these circuits represent a very significant share of the volumes of waste produced. In fact, collection performance remained very limited in relation to the stated objectives, with some estimates indicating that in 2024 only 7% of waste in certain categories would have actually been taken up within the framework of the system. These difficulties led the Government to announce a moratorium on certain provisions of the PMCB REP in order to initiate an overhaul of the system. However, beyond the specific case of construction, numerous sectors of activity are also expecting an in-depth reform of extended producer responsibility, believing that this system, although recent, already appears to be running out of steam and disconnected from realities on the ground. Indeed, in practice, the scales are sometimes published within deadlines which do not allow professionals to correctly anticipate these costs in their quotes, their contracts or their sales prices, even though these eco-contributions can represent significant amounts. In several sectors, situations of distortion of competition have also been reported. Certain companies operating on the French market, in particular through online commerce or through cross-border sales, do not contribute to the financing of the schemes under the same conditions as players established on the national territory. This asymmetry in the application obligations weakens the credibility and fairness of the system and creates economic imbalances to the detriment of French companies which fully respect the rules imposed on them. This is why he wants to know if the Government is considering a global overhaul of the extended producer responsibility system. In the absence of urgent developments to improve the transparency of the system and the role of approved organizations, to simplify its implementation for businesses and communities and to guarantee that the increasing burdens paid by professionals and consumers translate into concrete, measurable and effective results for the environment, the current system risks losing credibility, continuing to fuel the incomprehension and frustration of all stakeholders and seriously compromising the objectives environmental issues that it claims to serve. He wants to know his position on this subject.

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