Key Benefits:
Minister of Productive Recovery and Minister of Ecology, Sustainable Development and Energy,
Having regard to Council Decision No. 87/369/EEC of 7 April 1987 concerning the conclusion of the International Convention on the Harmonized Commodity Designation and Coding System and its Protocol of Amendment;
Considering the environmental code, including articles L. 131-6, L. 541-10-6 and R. 543-254;
Vu la Act No. 78-17 of 6 January 1978 related to computing, files and freedoms,
Stop:
Scope of application.
The furniture elements defined in I of Article R. 543-240 of the Environmental Code are classified according to the ten categories set out in III of Article R. 543-240. These are specified in the list of categories of the Harmonized Commodity Designation and Coding System annexed to this Order.
The elements of recreation and decoration are not a place-building.
In order to avoid any dual contribution, the components referred to in Article R. 543-240 of the Environmental Code are considered to be furnishings unless they are sold directly to persons who manufacture furniture in a professional capacity in which the components are intended to be incorporated.
Registry.
In accordance with the provisions of section R. 543-254 of the Environmental Code, the Environment and Energy Control Agency, as described below as "the Agency", is responsible for centralizing information and data to enable the monitoring and observation of the waste industry of furniture elements, which are transmitted annually to it by the resellers on the market of the furniture elements referred to in the article.
To this end, it sets up a register collecting all of these data. The Minister for the Environment and the Minister for Industry have access to all of the information contained therein.
In order to facilitate declarations to the registry and without prejudice to the field of application of the industry, the agency may conventionally define correspondence between certain products and the functions defined in section R. 543-240 of the environmental code as well as groupings of certain customs codes provided in the annex.
The information transmission modalities are defined by the agency to ensure the monitoring and observation of the industry.
Registration.
No later than one month after the first entry into the market of furnishing elements following the entry into force of this Order, the resellers in the market of furnishing elements, regardless of the transfer technique, proceed to the registration in the register provided for in section 2 or directly in the case of an approved individual system, or through the authorized eco-organisms to which they adhere.
To this end, they provide the Agency:
their social reason;
– their SIREN number or national identification number for foreign market sharers providing furniture by remote sales techniques directly to users located in the national territory;
- their full mailing address (number, street, locality, postal code and country), telephone and fax numbers, URLs and e-mail address;
- the contact information of a person who may be contacted;
― the furnishings they typically put on the market:
- by categories and functions as defined in I of Article R. 543-240 of the Environmental Code; and
― specifying whether it is household and/or professional furnishings.
In addition, they specify to the Agency:
- if they manufacture and sell furniture under their own brand, or if they sell them under their own brand, or if they import them into the national market, or if they introduce them to the national market, or, for the case of foreign market liners, if they provide them by remote sales techniques directly to households or professionals located in the national territory; and
― how they fulfil their obligations under articles R. 543-245, R. 543-251 and R. 543-252 of the Environmental Code, mentioning:
- the name of the approved body pursuant to sections R. 543-245 and R. 543-252 of the environmental code to which they adhere, or if they have established an approved individual system pursuant to articles R. 543-245 and R. 543-251 of the same code, the references of the approval order;
- where applicable, the name of the approved coordinating body under sections R. 543-245 and R. 543-253 of the environmental code to which they adhere.
The Agency transmits a number and date of registration of these items to the market shareholders.
Change or cancellation of the registration.
The market shareholders shall inform the Agency of any changes to the information referred to in section 3 of this Order no later than the month following the implementation of this amendment.
They also inform it when they stop being market sharers for the purpose of canceling their registration.
Marketplace data.
No later than March 31 of each year, market sharers report to the Agency the number of units and the tonnage of furniture items they put on the market during the previous year:
- by categories and functions as defined in I and III of Article R. 543-240 of the Environmental Code; and
- by reference to four-digit or six-digit positions in the Harmonized Commodity Designation and Coding System set out in the Appendix to this Order or by categories defined by convention or correspondence under Article 2 of this Order; and
― by type of household or professional furnishing elements; and
- by majority materials by weight; and
― indicating whether these are elements that benefit from ecomodulation in the event that the transmitter on the market is adhered to an eco-organism.
The Agency may refuse to register any statement, modification or cancellation of statements passed on March 31 of each year. By exception, the Agency may accept these items after that date and may, in this case, subject them to royalty, the amount of which must be the additional costs incurred by this delay.
Collection data.
No later than March 31 of each year, the designers on the furniture market report to the Environment and Energy Control Agency the tonnage of waste of furniture items collected for their account for their treatment during the previous year:
- according to the departments within which they were removed; and
― according to the method of collection carried out.
The Agency may refuse to register any statement, modification or cancellation of statements passed on March 31 of each year. By exception, the Agency may accept these items after that date and may, in this case, subject them to royalty, the amount of which must be the additional costs incurred by this delay.
Treatment data.
No later than March 31 of each year, market sharers report to the Agency the tonnage of waste of furniture processed on their behalf the previous year, according to the categories and functions defined in Article III R. 543-240 of the Environmental Code, and distinguishing:
- if they have been treated in France or abroad, and in the latter case indicating in which country the treatment took place;
- if they have been made available for reuse preparation, effectively reused, recycled, valued or disposed of; and
– the material fractions and their final treatment destinations.
Where applicable, market resellers report to the Agency the tonnage of hazardous components, materials and substances removed during the treatment of waste of furniture elements and the treatment performed on that part according to the criteria listed above.
The Agency may refuse to register any statement, modification or cancellation of statements passed on March 31 of each year. By exception, the Agency may accept these items after that date, and may, in this case, subject them to royalty, the amount of which must be the additional costs incurred by this delay.
Re-employment data.
The Agency provides for the addition to the re-use of furniture items.
In this context, it encourages re-employment structures or, where applicable, the individual system or the partner eco-organism to report to it, by March 31 of each year, the tonnage of re-employed furniture elements on their behalf the previous year:
- according to the functions defined in Article R. 543-240 of the Environmental Code;
― by distinguishing when it is possible if they were re-employed in France or abroad, and in this latter case by indicating the country concerned.
Delegation to an accredited body.
Organizations authorized under sections R. 543-245 and R. 543-252 of the Environmental Code shall transmit to the Agency, on behalf of each of their members, the information referred to in sections 3 to 7 of this Order. They transmit separately for each of their adherents the data relating to the registration and marketing declarations specified in sections 3 and 5 and transmit overall data for all of their adherents, as determined in sections 6 and 7.
They also transmit to the Agency, on behalf of their members, the number of units and the tonnage of furniture items that have been repaid as a result of an export to another EU member country or to a third country, specifying:
- categories and functions as defined in I and III of Article R. 543-240 of the Environmental Code, and by reference to four-digit positions or six-digit positions of the Harmonized Commodity Designation and Coding System as set out in the annex to this Order; and
– majority materials by weight of furniture elements; and
- if it is a matter of household furnishings or professional furnishings.
Annual transmission of characterization results.
Organizations approved under sections R. 543-245 and R. 543-252 of the Environmental Code and individual systems approved under sections R. 543-245 and R. 543-251 of the Environmental Code transmit annually to the Agency:
― the results of the characterization of the composition of the furniture elements that contributed to the identification of the material fractions of each function and product category, in addition to the data defined in Article 5;
― the results of the characterization of the composition of the waste of collected furniture elements allowing the identification of the material fractions of each function and category of waste, in addition to the data defined in Article 6.
Transmission of information.
The information referred to in this Order shall be transmitted electronically in the manner determined by the Agency.
This may, by exception, at the request of the designers on the furniture market, give its agreement to a statement sent by post.
Publication of information.
The information in the register is communicable to any person, with the exception of those relating to the marketing of furniture elements of each issuer on the market, which are only accessible to the issuer on the market and to the control authorities.
The Agency makes publicly available data on the global market of furniture elements, by categories as defined in the III of Article R. 543-240 of the same code and by distinguishing household furnishing elements and professional furnishing elements, on the one hand, for each approved agency under Articles R. 543-245 and R. 543-252, on the other hand,
The Agency makes the list of registrants publicly available by distinguishing household declarants and professional declarants.
No later than October 30 of each year, the Agency shall transmit to the Minister responsible for the environment a follow-up report and industry indicators, to be made public in accordance with the provisions of section R. 543-254 of the Environmental Code.
Indicators.
No later than 31 May of each year, the Agency shall forward to persons who have made an annual declaration for furnishings pursuant to sections 5 and 6 of this Order:
― the share of its bets on the market of household or professional furnishings by categories as defined in the III of Article R. 543-240 of the Environmental Code, expressed as a percentage of the total tonnage of household or professional furnishings of the same category declared marketed during the previous year;
― the share of waste of household or professional furnishings collected on behalf of the approved system or the eco-organism to which it adheres, according to the categories defined in the III of Article R. 543-240 of the Environmental Code, expressed as a percentage of the total tonnage of household or professional furnishings of the same category declared collected during the previous year.
Entry into force.
Article 1 comes into force on the day after the publication of this Order in the Official Gazette. Articles 2 to 13 of this Order come into force on 1 January 2015.
Implementation.
The Director General of Industry and Services Competitiveness and the Director General of Risk Prevention are responsible for the execution of this Order, which will be published in the Official Journal of the French Republic.
A N N E X E
In accordance with Article 1, the categories of the nomenclature of the Harmonized Commodity Designation and Coding System to specify the categories of furniture elements of Part III of Article R. 543-240 are as follows:
1401: vegetable materials of the species mainly used in vanilla or spartry (bamboo, rattans, roses, joncs, osiers, raphia, straws of cleaned cereals, bleached or tinted, linden bark, for example).
4407: sawn or dedossed wood longitudinally, sliced or unfolded, whether or not planed, sanded or glued by end assembly, of a thickness exceeding 6 mm.
44.08: veneer sheets (including those obtained by cutting of laminated wood), plywood or similar laminated wood and other wood, sawn longitudinally, sliced or unfolded, whether or not planed, sanded, assembled edge on board or in end, of a thickness not exceeding 6 mm.
44.09: wood (including parquet blades and friezes, not assembled) profiled (languetes, grooves, buoys, foliage, chamfers, V joints, moulded, rounded or similar) throughout one or more shores, faces or tips, whether or not planed, sanded or glued by end assembly.
44.10: particle boards, oriented strand board (OSB) panels and similar panels (e.g. waferboard), made of wood or other woody materials, whether or not aggregated with resins or other organic binders.
44.11: wood fibre panels or other woody materials, whether or not aggregated with resins or other organic binders.
44.12: plywood, veneered wood and similar stratified wood.
44.20: Marked wood and inlayed wood; Cases, chests and cases for jewellery or silverware, and similar works, made of wood; statuettes and other ornamental objects, made of wood; wooden furnishing articles not relevant to Chapter 94.
4421 : other wooden works.
4503 : works in natural cork.
4504: works in agglomerated cork.
4602: vanilla works obtained directly in shape from braided materials or made using articles of n° 4601; luffa works.
4823 : other works in paper pulp, cardboard, cellulose wadding...
6304: other furniture items, excluding those of heading 9404.
68.02 : stones of size or construction (other than slate) worked and works in these stones, excluding those of heading 68.01; cubes, dice and similar articles for mosaics, of natural stones (including slate), even on support; granulated, fragments and powders of natural stones (including slate), artificially coloured.
68.03 : natural slate worked and works in natural slate or agglomerated (ardoisine).
70.06: glass of headings 70.03, 70.04 or 70.05, curved, bevelled, engraved, pierced, enamelled or otherwise worked, but not framed or associated with other materials.
70.07: safety glass, consisting of tempered or formed glasses of counter-pasted leaves.
7020 : other glass works.
83.01: locks, locks and locks (key, secret or electrical), of base metals; clasps and frames with lock, of base metals; key to these articles, in base metals.
83.02: fittings, fittings and similar articles of base metal for furniture, doors, staircases, windows, persian, bodywork, saddlery, trunks, chests, caskets or other works of the species; pottery, hatch holders, supports and similar articles, of base metal; castors with frame in base metals; automatic doors of base metals.
9401.30: swivel seats, adjustable in height.
9401.40 : seats other than camping or garden equipment, convertible into beds.
9401.51: rotary, bone, bamboo or similar seats: bamboo or rattan.
9401.59: seats in rotary, wicker, bamboo or similar materials: others.
9401.61: other seats, with wooden frame: padded.
9401.69: other seats, with wooden frame: others.
9401.71 : other seats, with metal frame: padded.
9401.79 : other seats, with metal frame : others.
9401.80: other seats.
9401.90: parts.
9402.10: Dental armchairs, armchairs for hairdressers and similar armchairs, and their parts.
9402.90: others.
9403.10: metal furniture of the types used in offices.
9403.20 : other metal furniture.
9403.30 : wooden furniture of the types used in the offices.
9403.40 : wooden furniture of the types used in the kitchens.
9403.50 : wooden furniture of the types used in the bedrooms.
9403.60 : other wooden furniture.
9403.70: plastics furniture.
9403.81: furniture in other materials, including rattan, bone, bamboo or similar materials: bamboo or rattan.
9403.89: furniture in other materials, including rattan, bone, bamboo or similar materials: others.
9403.90: parts.
9404.10 : summaries.
9404.21: mattresses: alveolar rubber or alveolar plastics, whether covered or not.
9404.29: mattress: other materials.
9404.90: other materials: others.
9610: slates and tables for drawing and writing.
Only the above-mentioned numerical codes are authentic, with the text being provided in this case as an indication.
These categories include the elements or materials used to produce paravent furniture or fittings, visual and/or phone separation door, as well as the writing or display tables considered to be vertical laying or work plans, the furniture of companies in all economic sectors.
The products covered by the categories of the Harmonized Commodity Designation and Coding System quoted above but not consistent with the provisions of Article R. 543-240 of the Environmental Code are not included in the scope of section 15 of Chapter III of Title IV of Book V of the Regulatory Part of the Code.
Done on 5 August 2013.
The Minister of Ecology,
Sustainable Development,
and energy,
For the Minister and by delegation:
Director General
risk prevention,
P. White
Minister of Productive Recovery
For the Minister and by delegation:
The Director General of Competitiveness
industry and services,
P. Faure
