Key Benefits:
Publics involved: market-based distributors and users of electrical and electronic equipment, waste management professionals.
Purpose: Prevention and management of waste of electrical and electronic equipment.
Entry into force: the text comes into force on the day after its publication.
Notice: European legislation on waste of electrical and electronic equipment was amended in 2012: Directive 2012/19/EU of 4 July 2012 aims at sustainable production and consumption through the prevention of the production of waste of electrical and electronic equipment, the re-use, collection, recycling and recovery of these wastes. This decree ensures its transposition. The consumer will now be able to undo for free and without the obligation to purchase its small equipment in stores with a surface of more than 400 m2 dedicated to the sale of electrical and electronic equipment. A preponderant position is given to reuse and reuse. The decree also reinforces the obligations to which producers of professional equipment have chosen the individual system. It previews the planned removal of the possibility for a professional equipment producer to transfer its responsibility to the user. It defines the minimum requirements for cross-border transfers of used electrical and electronic equipment. Finally, it updates on environmental code with respect to the monitoring and control provisions of the industry.
References: the environmental code Amended by this decree can be consulted, in its drafting, on the website Légifrance (http://www.legifrance.gouv.fr).
The Prime Minister,
On the report of the Minister of Ecology, Sustainable Development and Energy,
Having regard to Regulation (EC) No. 1013/2006 of the European Parliament and the Council of 14 June 2006 concerning waste transfers;
Considering the European Parliament and Council Directive 2012/19/EU of 4 July 2012 on waste of electrical and electronic equipment;
Vu le environmental codeincluding articles L. 120-1, L. 541-10, L. 541-10-2, L. 541-44 and R. 543-172 and following;
Considering the advice of the Local Finance Committee (the Standards Assessment Advisory Board) dated 19 December 2013;
The State Council (section of public works) heard,
Decrete:
Sub-section 2 of chapter III, section 10, title IV, of Book V of the Environmental Code Regulatory Part is amended in accordance with the provisions of sections 2 to 7 of this Order.
Paragraph 1 is amended to read:
1° Section R. 543-172 is replaced by the following provisions:
"Art. R. 543-172.-I.-This subsection applies to electrical and electronic equipment, and to wastes derived from it, including all components, sub-assemblies and consumables that are an integral part of the product at the time of disposal.
“Electrical and electronic equipment” means equipment operated by electric currents or electromagnetic fields, as well as the production, transfer and measurement equipment of these currents and fields, designed to be used at a voltage not exceeding 1,000 volts in AC and 1,500 volts in DC.
"II.-Until August 14, 2018, this subsection applies to electrical and electronic equipment that fall under the following categories and subcategories:
« 1° Large household appliances:
"1A: Thermal exchange equipment;
"1B: Other large household appliances;
« 2° Small household appliances;
« 3° Computer and telecommunications equipment :
"3A: Screens, monitors and equipment with screens of a surface greater than 100 cm2;
"3B: Other computer and telecommunications equipment;
« 4° General public equipment :
"4A: Screens, monitors and equipment with screens of a surface greater than 100 cm2;
"4B: Other general public equipment;
« 5° Lighting equipment, with the exception of domestic lighting and filament light bulbs, which are nevertheless applicable in articles R. 543-175 and R. 543-176;
« 6° Electric and electronic tools;
« 7° Toys, leisure and sport equipment;
« 8° Medical devices (with the exception of all implanted or infected products);
« 9° Monitoring and control instruments;
"10° Automatic distributors;
« 11° Photovoltaic panels.
"III.-From 15 August 2018, this subsection applies to all electrical and electronic equipment as defined in I, subject to the provisions of IV.
"These equipment are classified in the following categories:
« 1° Thermal exchange equipment;
« 2° Screens, monitors and equipment with screens of a surface greater than 100 cm2;
« 3° Lamps ;
« 4° Big equipment;
« 5° Small equipment;
« 6° Small computer and telecommunications equipment;
"7° Photovoltaic panels.
"IV.-The electrical and electronic sub-assemblies referred to in the first paragraph of the I, intended to be connected in a modular and reversible manner by material or intangible connections, are considered, within the meaning of this subsection, to be electrical and electronic equipment, except when it is sold to electrical and electronic equipment producers in which such sub-assemblies are intended to be integrated.
"In the foregoing, a link, excluding any bonding, welding or shaping, is considered reversible when it can be separated by mechanical actions, such as dividing, by simple and commonly used tools. » ;
2° After the article R. 543-172 are inserted two articles R. 543-172-1 and R. 543-172-2 as follows:
"Art. R. 543-172-1.-I.-Sare excluded from the scope of this subsection:
« 1° Electrical and electronic equipment that are specifically designed and installed to integrate into another type of equipment excluded from the scope of this subsection or not relevant to it, and which can only perform their functions if they are part of this equipment.
"Building and civil engineering works are not part of the other types of equipment referred to in the previous paragraph;
« 2° Electrical and electronic equipment related to the protection of the essential interests of State security, weapons, ammunition and other war materials, if linked exclusively for military purposes;
« 3° Non-electrical large parts permanently attached to the building or to the ground:
“(a) To house, protect, guide, support electrical and electronic equipment;
“(b) Serving fluids to or from electrical and electronic equipment;
"(c) Moved by electrical and electronic equipment when they can be easily desolidated when dismantling on site;
« 4° Large fixed industrial tools, with the exception of electrical and electronic equipment present in them that are not specifically designed and mounted to integrate into them and can thus perform their function even if they are not part of the fixed industrial tool on which they are mounted;
« 5° The filament bulbs.
"II.-In addition to the purposes of this section I, are excluded from this subsection as of August 15, 2018:
« 1° Equipment intended to be sent to space;
« 2° Large fixed installations, with the exception of electrical and electronic equipment present in the latter which are not specifically designed and mounted to integrate into them and which can thus perform their function even if they are not part of the large fixed installation on which they are mounted;
« 3° means of transport of persons or goods, except for two-wheeled electric vehicles that are not approved;
« 4° Non-road mobile machinery intended exclusively for professional use;
« 5° Equipment specifically designed for research and development purposes only, and which are available only in an inter-enterprise context, with the exception of the electrical and electronic equipment present in the latter which are not specifically designed and mounted to integrate into it and which can thus fulfill their function, even if they are not part of these equipment;
« 6° Active implantable medical devices, as well as medical devices and in vitro diagnostic medical devices, when these devices normally become infectious before the end of their life cycle without the possibility of disinfection, sterilization, or disassembly of uncleaned parts before their release.
"III.-In the I of this article, "large fixed industrial tools" means a large-scale set of machines, equipment or components, which operate together for a specific application, permanently installed and dismantled by professionals in a given location, and used and maintained by professionals in an industrial manufacturing centre or a research and development facility.
"In the second part of this article, we mean:
« 1° “ Large fixed installation”: a large-scale combination of several types of appliances and, where applicable, other devices, which, at the same time:
“(a) Are assembled, installed and dismantled by professionals;
“(b) Are intended to be used permanently as an integral part of a construction or structure in a predefined and dedicated place;
"(c) Can only be replaced by the same equipment specifically designed;
« 2° “ Non-road mobile machinery”: equipment with an on-board power supply, whose operation requires either mobility or a continuous or semi-continuous movement between a succession of fixed work sites during work.
"Art. R. 543-172-2.-From 2016, the minimum national collection rate is set at 45% and calculated on the basis of the total weight of electrical and electronic equipment waste collected in accordance with articles R. 543-181 and R. 543-195 in a given year and expressed as a percentage of the average weight of electrical and electronic equipment marketed in the previous three years.
"From 2019, the minimum national collection rate to be achieved annually is 65% of the average weight of electrical and electronic equipment put on the French market over the previous three years, or 85% of the waste of electrical and electronic equipment produced by weight. » ;
3° In R. 543-173, the 1st is replaced by the following provisions:
« 1° Wastes of electrical and electronic equipment from households are considered wastes of electrical and electronic equipment from households, referred to as waste of household electrical and electronic equipment, and wastes of commercial, industrial, institutional and other electrical and electronic equipment that, because of their nature and quantity, are similar to those of households. Wastes from electrical and electronic equipment that are likely to be used both by households and by users other than households are in any case considered to be waste of electrical and electronic equipment from households; » ;
4° Section R. 543-174 is replaced by the following provisions:
"Art. R. 543-174.-I.-1° Any natural or legal person who, regardless of the sales technique used, including by remote communication within the meaning of Directive 97/7/EC of the European Parliament and of the Council of 20 May 1997 concerning the protection of consumers in remote contracts:
“(a) Is established in France and manufactures electrical and electronic equipment under its own name or brand, or produces electrical and electronic equipment and sells them under its own name or brand in France;
“(b) Is established in France and resold, under its own name or brand of equipment produced by other suppliers, the reseller should not be considered “producer” when the producer’s mark is on the equipment in accordance with the a;
"(c) Is established in France and puts on the market, as a professional basis, electrical and electronic equipment from a third country or another Member State;
"(d) It is established in another Member State or in a third country and sells electrical and electronic equipment in France by remote communication directly to households or users other than households.
"A person who provides financing exclusively under or in accordance with a funding contract is not considered to be a producer, unless it is also a producer within the meaning of a tod.
« 2° It is considered a distributor of any natural or legal person in the supply chain that puts electrical and electronic equipment on the market. This definition does not prevent a distributor from being also a producer within the meaning of 1° of this article.
"II.-We mean:
« 1° “ Marketplacement”: the first provision of a product on the market, as a professional, in the national territory;
« 2° “ Provision on the market”: any supply of a product intended to be distributed, consumed or used on the market as part of a commercial activity, either expensive or free of charge;
« 3° “ Financing contract ”: any loan, lease, lease or deferred sale contract or agreement relating to any equipment, whether or not it is provided for, under the terms of this contract or agreement or any other contract or agreement, that a transfer of ownership of that equipment will or may take place;
« 4° “ Medical device”: a medical device or accessory of a medical device within the meaning of Article 1, paragraph 2, point a or b, respectively, of Council Directive 93/42/ EEC of 14 June 1993 on medical devices and which is electrical and electronic equipment;
“5°” Medical device for diagnosis in vitro”: a medical device for diagnosis in vitro or an accessory of a medical device for diagnosis in vitro within the meaning of Article 1, paragraph 2, point b or c, respectively, of Directive 98/79/EC of the European Parliament and of the Council of 27 October 1998 on medical devices for diagnosis in vitro and which is electrical and electronic equipment;
“6°” Active implantable medical device”: an active implantable medical device within the meaning of Article 1, paragraph 2, point c, of Council Directive 90/385/ EEC of 20 June 1990 concerning the approximation of the laws of the Member States relating to active implantable medical devices and which is electrical and electronic equipment. » ;
5° After article R. 543-174, an article R. 543-175 was reinstated as follows:
"Art. R. 543-175.-I.-By derogation from 1° of I of Article R. 543-174, a producer established in another Member State of the Union may designate in writing a natural or legal person established in France as an agent responsible for ensuring compliance with its obligations under the regulations relating to the waste of electrical and electronic equipment.
"II.-A producer established in France who sells electrical and electronic equipment by remote communication directly to households or users other than households in another Member State of the European Union, shall, by written mandate, designate a natural or legal person established in that State who is responsible for ensuring compliance with its obligations under the regulations relating to the waste of electrical and electronic equipment applicable in that State.
"III.-An order of Ministers in charge of the environment and industry shall specify the conditions to be met by the agent in order to ensure compliance with the obligations of the producer established in another Member State of the Union under the regulations on waste of electrical and electronic equipment.
"IV.-If it is found that an agent does not comply with the provisions of the said order, the Minister responsible for the environment shall notify the agent and the producer having given him a warrant. They are allowed to present their written or oral submissions within one month. In the absence of compliance, they may be removed from the National Register of Electrical and Electronic Equipment Producers and the producer may be considered not meeting its obligations under the regulations relating to the waste of electrical and electronic equipment. »
In paragraph 2, in the first paragraph of article R. 543-176, after the word "facilitate", the words "reuse, reuse, reuse" are inserted.
Paragraph 3 is amended to read:
1° Article R. 543-179 is supplemented by the following words: "and reach a high level of separate collection of these wastes. » ;
2° Section R. 543-180 is replaced by the following provisions:
"Art. R. 543-180.-I.-In the event of sale of electrical or electronic appliances, the distributor, including in the case of remote sale, takes over the used electrical and electronic equipment, free of charge, for its own account, which the consumer departs, within the limits of the quantity and type of equipment sold.
"II.-When the distributor has a sales surface dedicated to electrical and electronic equipment of at least 400 m2, it takes away the used electrical and electronic equipment of very small size free of charge (with all external dimensions less than 25 cm).
"III.-The consumer is informed of the recovery conditions established under I and II of this article, systematically and visibly and easily accessible. This information must be issued before the act of sale for the recovery referred to in I of this section.
"IV.-The distributor may refuse to take back the electrical and electronic equipment that, as a result of contamination, poses a risk to the safety and health of the personnel who are in charge of the recovery that conventional individual protective equipment or standard conditioning means do not prevent.
"In this case, the distributor is required to inform the owner of the used electrical and electronic equipment refused alternative recovery solutions. For this purpose, it relies, inter alia, on the information provided to it by the approved collective systems and individual systems.
"This provision applies without prejudice to other legislative and regulatory provisions applicable to the security of the facilities, goods, public and distribution personnel.
"V.-A ministerial order determines the conditions under which the free resumption referred to in I and II of this section is carried out. » ;
3° Section R. 543-181 is replaced by the following provisions:
"Art. R. 543-181.-For each category and subcategory of equipment defined in section R. 543-172 that they put on the market, producers must be able to collect or contribute to the collection of waste of household electrical and electronic equipment on the prorated basis of the equipment they put on the market:
« 1° either by establishing an individual waste collection system under the conditions defined in articles R. 543-184 and R. 543-185;
« 2° Either by participating in a separate collective collection system established by an eco-organism approved under the conditions set out in sections R. 543-189 and R. 543-190 and, where applicable, by completing this collection by providing, through this eco-organism, a financial contribution to a recognized coordinating body under the conditions defined in sections R. 543-182 and R. 543-183. This organization supports, by agreement with municipalities or their groupings, additional costs related to the separate collection of household electrical and electronic equipment wastes. » ;
4° In article R. 543-183, after the 4°, it is inserted a 5° as follows:
« 5° Implementing the balancing mechanisms pursuant to Article R. 543-188";
5° In R. 543-186, the words: "in conditions to ensure their treatment" are replaced by the words: "and transported in such a way as to ensure optimal conditions of preparation for the reuse and reuse, recycling and containment of hazardous substances. » ;
6° Section R. 543-187 is amended as follows:
(a) At 2°, after the words: "collection", the words are inserted: "and the resumption of used electrical and electronic equipment";
(b) After the 3rd, three sub-items are inserted:
« 4° Priority to be given to the prevention of waste production, including the reuse of electrical and electronic equipment;
« 5° The respectful role of the various actors in the reuse of electrical and electronic equipment, reuse, repair, recycling and other forms of recycling of electrical and electronic equipment waste;
« 6° From the meaning of the symbol provided for in Article R. 543-177. »
Paragraph 4 is amended to read:
1° The first paragraph of section R. 543-188 is amended as follows:
(a) After the words: "according to the categories" are inserted the words: "and subcategories";
(b) The words: "appeared in I" are replaced by the words: "defined in II";
2° After the 6th of article R. 543-190, it is inserted four paragraphs as follows:
« 7° To annual collection objectives;
« 8° To the free recovery of the waste of electrical and electronic equipment resulting from the re-use and re-use of social and solidarity-based economic actors;
« 9° A modulation of the level of contributions of producers to the organization based on criteria for eco-design of products related to their repair, reuse, clean-up and recyclability and, to the extent that a link to the prevention of waste production can be established, their lifetime;
« 10° Implementation of the balancing mechanism pursuant to section R. 543-188. » ;
3° In R. 543-191, the word "local" is replaced by the word "territorial";
4° After the 6th of article R. 543-192, it is inserted a sub-paragraph as follows:
« 7° The annual collection objectives. » ;
5° Article R. 543-194 is repealed;
6° Article R. 543-195 is amended as follows:
(a) The first two sub-items of I are replaced by a sub-item:
"I.-Professional electrical and electronic equipment producers are required to remove or remove, and then to process or treat waste from the professional equipment they have put on the market after August 13, 2005, as well as waste from the professional equipment put on the market until that date when they replace it with equivalent equipment or ensuring the same function. » ;
(b) After II, three paragraphs are added:
"III.-Producers and distributors of professional electrical and electronic equipment:
« 1° Inform, by all appropriate means, users and holders of such equipment on the solutions established under this article;
« 2° Can inform buyers of the costs of managing electrical and electronic equipment waste. These costs do not exceed the best available estimate of actual costs incurred. » ;
7° In article R. 543-196, after the words: "producers", are inserted the words: "professional electrical and electronic equipment" and the words: "can be carried out" are replaced by the words: "acquit";
8° Article R. 543-197 is amended as follows:
(a) At 3°, after the words: "users", are inserted the words: "and holders";
(b) After the 5th are inserted two sub-items as follows:
« 6° To annual collection objectives;
« 7° The provisions envisaged for reuse of electrical and electronic equipment. » ;
9° Section R. 543-197-1 is replaced by the following provisions:
"Art. R. 543-197-1.-I.-The certificate consists of a producer's commitment to:
"1° Respect the legal and technical conditions set out in Article R. 543-195, in which the removal of professional electrical and electronic equipment wastes is carried out in the national territory;
« 2° Collect all waste from electrical and electronic equipment that it has put on the market after August 13, 2005 and waste from professional equipment put on the market until that date when it replaces it with equivalent equipment or ensuring the same function, in order to contribute to the achievement of the collection objectives set at the national level. This provision does not concern waste from electrical and electronic equipment for which the user or the holder does not wish to benefit from the removal and processing solutions put in place by the producer pursuant to R. 543-195;
« 3° To respect the legal and technical conditions in which the treatment of these wastes is carried out in France or abroad and, to this end, to implement, inter alia, regularly the measures for the monitoring, review, controls and direct audits of the treatment providers to which it relies;
« 4° Achieving the objectives of waste recovery and recycling and reuse of components, materials and substances provided for in section R. 543-200;
"5° Satisfies the information obligations set out in R. 543-178 and the information obligations to users and holders in general;
« 6° Provide a financial capacity to ensure its obligations with respect to waste from electrical and electronic equipment that it has put on the market after August 13, 2005 and waste from professional equipment put on the market until that date when it replaces it with equivalent equipment or ensuring the same function.
"II.-This certificate is signed by the producer. The portion of this certificate relating to the 6th of I is countersigned by the Producer's Accounts Commissioner or, where the producer is not subject to it, by the Producer's Accountant or the Producer's Financial Director.
"III.-The producer must be able at any time to justify to the Minister in charge of the environment the fulfilment of these commitments and the means to achieve them.
"IV.-This certificate is transmitted annually as part of the National Register of Electrical and Electronic Equipment Producers established pursuant to section R. 543-202. The information contained in this certificate is communicable to any person, with the exception of those relating to 3° and 6° of I, who are only accessible to the producer concerned and the authorities in charge of the control.
"V.-If it is found that the certificate is not in accordance with the provisions of this section, or that the producer does not comply with the commitments made under this certificate, the Minister for the Environment shall notify the producer of the certificate, who is in a position to make written or oral submissions within one month. In the absence of compliance, the certificate may be removed from the national register of electric and electronic equipment producers and the producer considered not to comply with the provisions of section R. 543-195. » ;
10° Article R. 543-198 is repealed;
11° After the article R. 543-198 is reinstated an article R. 543-199 as follows:
"Art. R. 543-199.-The user or the holder who is discharged from electrical and electronic equipment and who does not wish to benefit from the removal and processing solutions put in place pursuant to section R. 543-195 is required to transmit to the Agency for the Control of Energy and the Environment and to the producer of electrical and electronic equipment the information requested in section R. 543-202 to the Agency for the Control of Energy and the Environment » ;
12° Article R. 543-200 is amended as follows:
(a) In the first paragraph, the words: "collected separately" are deleted;
(b) In the last paragraph, after the words: "producers" are inserted the words: "having in place an individual system approved or certified in accordance with articles R. 543-184 and R. 543-197-1, or organizations approved under articles R. 543-190 and R. 543-197,".
Paragraph 5 is amended to read:
1° Before section R. 543-202 is reinstated an article R. 543-201 as follows:
"Art. R. 543-201.-The producers, distributors, collection and processing operators and the users or holders mentioned in article R. 543-199 possessing information on the market of electrical and electronic equipment and the terms and conditions for the management of wastes derived from these equipment transmit them free of charge at the request of the public authorities. » ;
2° In the last paragraph of Article R. 543-202, after the words: "this register" are inserted the words ", the terms of transmission";
3° After the article R. 543-202 is inserted an article R. 543-202-1 as follows:
"Art. R. 543-202-1.-A national database collects all information relevant to the observation of the treatment of waste of electrical and electronic equipment transmitted by collection operators other than territorial authorities, processing operators and users or holders referred to in R. 543-199.
"The Environment and Energy Control Agency is responsible for the development, maintenance and operation of this database.
"A joint decision of Ministers responsible for the environment and industry, respectively, defines the procedure for listing in this database as well as the nature and means of transmitting the information to be included in it. »
Paragraph 6 is amended to read:
1° Section R. 543-205 is amended as follows:
(a) The 1st is thus completed: "or an agent of a producer established in another Member State";
(b) At 1°, the words: "electric and electronic equipment" are replaced by the words: "electric and electronic equipment";
(c) In b, the reference to Article R. 543-194 is replaced by the reference to Article L. 541-10-2;
(d) The c of 1° is replaced by the following:
"(c) Not to disclose the information provided for in R. 543-178, 1° of III of Article R. 543-195 and R. 543-202; » ;
(e) The 2° is supplemented by the words: ", including in case of remote sale";
(f) After the 2° is inserted a 3° as follows:
« 3° Not to disclose the information provided for in section R. 543-202-1 for persons defined in the order provided for in the last paragraph of this article. » ;
2° Section R. 543-206 is amended as follows:
(a) The first paragraph is thus supplemented: "or an agent of a producer established in another Member State";
(b) The 6° is replaced by the following:
« 6° Not to remove or remove, process or process a waste of professional electrical and electronic equipment in accordance with R. 543-195; "
After subsection 2 of section 10 of chapter III of title IV of Book V of the regulatory part of the same code, a subsection 3 is inserted as follows:
"Subsection 3
"Minimum requirements for cross-border transfers of used electrical and electronic equipment
"Art. R. 543-206-1.-For the purposes of this subsection, any person who is in possession of such equipment shall be entitled to use electrical and electronic equipment.
"Art. R. 543-206-2.-I.-In order to distinguish between electrical and electronic equipment and waste of electrical and electronic equipment, when it declares its intention to transfer or transfer used electrical and electronic equipment and not waste of electrical and electronic equipment, the holder shall be at the disposal of the agents referred to in Article L. 541-44, who are responsible for the control of the provisions of
« 1° A copy of the invoice and contract relating to the sale or transfer of ownership of the electrical and electronic equipment, indicating that it is intended to be re-employed directly and that it is fully functional;
« 2° Evidence of assessment or testing, in the form of a copy of test certificates or other evidence of good operation, for each item in the lot, and a protocol including all information recorded in accordance with Part II of this Article;
« 3° A statement by the holder who arranges the transport of electrical and electronic equipment, indicating that the lot does not contain any equipment or equipment that constitutes a waste within the meaning of Article L. 541-1-1.
"In addition, it ensures appropriate protection against damage that may occur during transport, loading and unloading, in particular through adequate packaging and appropriate stacking of the load.
"II.-In order to demonstrate that the transferred objects are used electrical and electronic equipment and not waste of electrical and electronic equipment, their holder conducts tests to ensure the proper operation of each of them and assesses the presence of hazardous substances. It records the results of these tests and evaluations and prepares a test report by electrical and electronic equipment with the following information:
« 1° The name of the article (name of equipment, if listed in Appendix II or IV of Directive 2012/19/EU of 4 July 2012 on waste of electrical and electronic equipment, as the case may be, and category referred to in Annex I or III of the same directive, as the case may be);
« 2° The equipment identification number (type number), if applicable;
« 3° The year of production if known;
« 4° The name and address of the company responsible for achieving the correct operation;
« 5° The date and results of the tests;
« 6° The type of tests carried out.
"Before cross-border transfer, this test report is fixed solidly, but in a non-permanent manner, either on electrical and electronic equipment itself if it is not packaged or on its packaging, so that it can be read without unpacking the equipment.
"III.-Each shipment of used electrical and electronic equipment transferred shall be accompanied by:
« 1° A relevant transport document, such as an international consignment note, known as CMR, provided for in the Convention on the Contract for the International Carriage of Goods by Road;
« 2° A statement by the person authorized on his or her responsibility.
"Art. R. 543-206-3.-The 1st and 2nd of I and II of Article R. 543-206-2 do not apply when conclusive evidence attests that the transfer takes place under a transfer agreement between companies and that one of the following conditions is met:
« 1° Electric and electronic equipment shall be returned, in the event of default, to the producer or to a third party acting on behalf of the producer for repair under warranty for re-employment;
« 2° Electrical and electronic equipment for professional use, used, shall be referred to the producer or a third party acting on behalf of the producer or to the installation of a third party in countries in which Decision C (2001) 107/ final of the OECD Council concerning the revision of Decision C (92) 39/ final on the control of transboundary movements of waste intended for recovery operations, for re-employment or re-employment in the context of a valid contract
« 3° Electrical and electronic equipment for professional, used and defective use, such as medical devices or parts thereof, shall be returned to the producer, or to a third party acting on behalf of the producer, for analysis of the causes of the defective nature of the equipment, within the framework of a valid contract, in cases where such an analysis may be carried out only by the producer or a third party acting on behalf of the producer.
"Art. R. 543-206-4.-In the absence of proof that an object is a used electrical and electronic equipment and not a waste of electrical and electronic equipment by means of the documents referred to in I, II and III of Article R. 543-206-2 or the conclusive evidence referred to in Article R. 543-206-3 and in the absence of appropriate protection against damage that may arise during carriage, In these circumstances, the shipment will be processed in accordance with Articles 24 and 25 of Regulation (EC) No. 1013/2006 of 14 June 2006 concerning waste transfers. »
The Minister of Ecology, Sustainable Development and Energy, the Minister of Economy, Production Recovery and Digital Affairs and the Minister of the Interior are responsible, each with respect to him, for the execution of this decree, which will be published in the Official Journal of the French Republic.
Done on August 19, 2014.
Manuel Valls
By the Prime Minister:
Minister of Ecology, Sustainable Development and Energy,
Royal
Minister of Economy, Production Recovery and Digital,
Arnaud Montebourg
The Minister of the Interior,
Bernard Cazeneuve
