[English] Technical note - Eco-modulation - Household EEE - Applicable as of January 1st 2025
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Eco-fee modulation: premiums and penalties to encourage eco-design
Since 2010, a modulation scheme has been in place to encourage the eco-design of household electrical and electronic equipment (EEE). Professional equipment and small fire extinguishers have also been covered since 2020.
Products may be subject to a premium (lower eco-fee) or a penalty (higher eco-fee), depending on a number of cumulative eco-modulation criteria.
As of 1st January 2025, six eco-modulation criteria will apply to household EEE and four criteria to professional EEE.
What do the regulations say?
Articles R541-99 and L. 541-10-3 of the French Environmental Code introduced by the AGEC anti-waste law make Producer Responsibility Organisations responsible for determining “the relevant environmental performance criteria for the products or groups of products covered by its approval and which have a similar use”. ecosystem must also estimate “the performance that can be achieved with regard to the best available techniques and the corresponding cost differentials and a proposal for a multi-year programme of changes in premiums and penalties based on this estimate or on other reference criteria it proposes”.
Premiums and penalties are calculated in euros per unit or per tonne (and no longer as a percentage of the eco-fee, as was the case in the past).
The AGEC law also introduces preferential modulation criteria, “including the quantity of material used, the incorporation of recycled material, the use of sustainably managed renewable resources, sustainability, repairability, the possibility of reuse or repurposing, recyclability, the advertising or promotional purpose of the product, the absence of ecotoxicity and the presence of hazardous substances”.
Modulation schemes are approved by the public authorities. These authorities can apply their own modulation system by executive order if that proposed by the Producer Responsibility Organisations is not sufficiently satisfactory or ambitious.
What are the different modulation options?
Regarding equipment for which ecosystem is accredited, two methods have been adopted, depending on the products in question and the modulation criteria applied:
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The first method is used to generalise "accessible" best practices by applying a penalty for non-compliance with the modulation criterion. For example, the single-use nature of an item of equipment leads to the application of a penalty, namely a higher eco-fee.
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The second method is designed to encourage manufacturers to implement more ambitious best practices, awarding them a premium if the modulation criterion is met. For example, the incorporation of Recycled Plastics from post-consumer waste via EPR or WEEE channels enables a premium to be applied, namely a reduced eco-fee.
All the rules governing the application of criteria and the combining of modulations are specified in the technical notes below. These documents have been worked on jointly with Ecologic and the OCAD3E (“Organisme Coordonnateur Agréé pour les Déchets d’Equipements Electriques et Electroniques” or the “Approved Coordinating Body for Waste Electrical and Electronic. Equipment”).
You can also consult the eco-fee scales on the designated page.
From January 1st 2025
For producers of household electrical and electronic equipment
Six eco-modulation criteria will apply to household EEE as of 1st January 2025:
- One criterion allowing the application of a premium or penalty:
- Battery separability (premium for battery separability on mobile phones and tablets, penalty for non-separability on other equipment)
- Three criteria leading to the application of a penalty:
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Presence of HFC gas (only washing machines and dishwashers concerned)
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Presence of Brominated Flame Retardants in plastic parts >25 g (except cables and printed circuit boards)
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Single-use equipment
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- Two criteria for applying a premium:
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Repairability index (nine appliances concerned)
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Incorporation of Recycled Plastics
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Four eco-modulation criteria will apply to professional EEE as of 1st January 2025:
- Three criteria governing the award of a premium:
- No Brominated Flame Retardants in plastic parts >25 g (except cables and printed circuit boards)
- Provision of spare parts for a defined availability period for each piece of equipment (11 types of equipment concerned)
- Incorporation of Recycled Plastics
- One criterion resulting in a penalty:
- Non-separability of batteries
Until 31st December 2024
Regarding household electrical and electronic equipment,
two methods have been adopted, depending on the products in question and the modulation criteria applied:
- The first method is used to generalise “accessible” best practices by applying a penalty for non-compliance with the modulation criterion. For example, failure to make technical documentation available to repairers generates a penalty.
- The second method is designed to encourage manufacturers to implement more ambitious best practices, awarding them a premium if the modulation criterion is met. For example, the absence of plastic parts containing brominated flame retardants means a premium is applied.
For professional electrical and electronic equipment,
three criteria have been selected to qualify for a premium:
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Provision of spare parts (criterion applicable to a selection of professional equipment)
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Absence of brominated flame retardants in plastics (criterion open to all professional equipment)
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Integration of post-consumer recycled plastic (criterion open to all professional equipment)
Where products are eligible for multiple modulation criteria, they are entitled to combine modulations. All the rules governing the application of criteria and the combining of modulations are specified in a technical note.
From 1st July 2024
For lamps
For lamps, only LED lamps benefit from a reduced eco-fee (€0.24 excl. tax/lamp placed on the market, compared with €0.27 excl. tax for other lamp technologies), given their longevity, absence of hazardous substances and low energy consumption.
What are the benefits of these modulation systems?
The benefits of implementing an eco-modulation system are as follows:
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Greater visibility for “end-of-life” eco-design issues in a sector that concentrates its efforts on the use phase.
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Consistent dissemination of best practices to all producers.
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Internal collaboration within member companies to ensure efficient application of the criteria for reduced eco-fees.
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Waste prevention issues shared by all players in the sector, from producers to recycling companies (e.g. demanding criteria for spare parts availability, technical documentation for authorised repairers, etc.).
This French initiative is also being examined for possible roll-out in other EU countries.
If you have any questions on the modulation scheme, the Producer Relations team can be contacted here: producteurs@ecosystem.eco