6 December 2022
The Anti-Waste and Circular Economy Act, also known as the AGEC Act, was enacted in February 2020. Part of an ambitious programme for the climate and biodiversity by 2050, it aims – as its name suggests – to promote the emergence of new production and consumption models that help preserve the planet. Since January 1st 2022, this law has also affected digital players and e-traders. What are these new measures? What does it change for marketplaces? Our analysis.
The AGEC Act is in line with the provisions taken by the European Union in its “Circular Economy Package”, i.e. four directives published in 2018 that imposes a circular economy roadmap on Member States. French legislators, in collaboration with circular economy stakeholders such as INEC, have thus transposed into national law the main principles imposed by European texts: the law responds to a desire to adapt current linear production and consumption models to environmental challenges and to make them more energy efficient, while now considering waste as a resource.
With the AGEC law, the State aims to move from a society based on “disposable goods” to a virtuous economic model from the design to the distribution of products. While unsold non-food products represent an annual market of €2 billion, which until recently was destined to go up in smoke, e-retailers are in the front line to initiate this paradigm shift, which involves :
Since January 1st 2022, any marketplace selling new non-food products must comply with the provisions of the AGEC law. To comply with the law, they must adapt their product sheets and general terms and conditions of sale to the regulations and must, therefore :
Good to know: if the terms “Made in France”, “designed in France”, or “assembled in France” are authorised for products manufactured abroad, it is important not to mislead the buyer by suggesting a French origin that does not exist. It is better to be transparent and gain the trust of consumers.
Within the AGEC law, Article L. 541-10-9 of the Environmental Code stipulates that marketplaces covered by the “extended producer responsibility (EPR) principle” are now required to provide and contribute to the prevention and management of waste from products sold. Before January 1st 2022, the destruction ban covered only food products. From now on, non-food products – such as daily hygiene products, clothes, shoes, electronic devices, and books – may not be destroyed. This is a paradigm shift for some online retail platforms responsible for the life cycle of the products they sell, from design to end of life!
Note that marketplaces subject to the EPR principle must :
As a reminder: a Producer in the sense of Extended Producer Responsibility (EPR) is a natural or legal person who develops, manufactures, handles, processes, sells or imports products that generate waste. He must be the first to market the product on the French market, whether he is a manufacturer, importer, or seller.
The days of unsold goods being thrown away seem to be over! Today, marketplaces are encouraged to promote a more virtuous economy based on sorting, reuse, and recycling. Better still, they have the opportunity to create circular economy platforms, which come with many advantages:
Some online retailers had already anticipated these new measures from the anti-waste law as early as 2020, while others have until December 31st 2023 to comply (only certain products are concerned). So now is the time to seize the opportunities a circular economy marketplace offers! To help you in its implementation, Lemonway is your privileged contact for your payment solutions.
Not sure how to set up your circular economy marketplace? Do you want to offer efficient and easy-to-use payment solutions? Don’t wait any longer to tell us about your project. Contact us now!
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