The concept of extended producer responsibility (EPR) was defined by the French Environmental Code in 1992 based on the polluter pays principle: any company placing certain types of products on the market is obligated to finance the end of life of the products, i.e. the management of any waste generated by such products. There are currently 25 EPR schemes active in France (e.g. textiles, electrical waste, medicines, batteries, etc.). To find out more about the EPR schemes, take a look at the document produced by the French Ministry of Ecological Transition and Territorial Cohesion (in French).
In France, companies can choose to set up their own specific system for collecting, sorting and recovering packaging placed on the market, but it has to be approved by the public authorities. This said, since EPR was introduced, all businesses have chosen to work together by registering with an approved, not-for-profit producer responsibility organisation, which manages all aspects of their obligation for them.
Each client pays the producer responsibility organisation a financial contribution which is notably used to finance the overall collection, sorting and recycling system at a national level.
EPR for food service packaging applies to all organisations placing packaged food products consumed or used by food service professionals on the French market. It makes them responsible for managing and financing the end of life of this type of packaging. It includes collection, sorting, recycling and reuse, as well as eco-design and consumer awareness-raising.
This new EPR scheme came into force on 15 March 2024 and, under the order of 11 March 2024, Citeo Pro is the first and only producer responsibility organisation currently approved for this EPR scheme.
Links to the regulations concerning this EPR scheme:
If you have not complied with your EPR obligations:
If any breaches are revealed during an inspection by the public authorities, an administrative fine may be imposed. The amount of this fine is determined by factoring in the estimated average quantity of products you would have placed on the market annually for the period you failed to submit a declaration, the maximum per unit fee set by the producer responsibility organisations approved for the corresponding stream, and, where applicable, the waste management costs borne by each system approved for the stream.
Under the provisions of the French Climate and Resilience Law and the AGEC Law, businesses producing or importing “large-format” food products intended for food service professionals in France* are required to reduce the environmental impact of primary packaging for these products from 15 March 2024.
The law defines food service professionals as persons with a main or secondary professional activity in the food service industry. This applies to all types of food service, whether indoors or out and whether food is consumed on-premises or as a takeaway.
Examples of food service professionals: commercial caterers (traditional, fast-food, chain restaurants, etc.) or mass caterers (schools, companies, medical/social centres, etc.), hotels, service stations, cafés, licensed premises, butchers, bakers, etc. that also provide catering services, vending machines, etc.
To whom does this EPR scheme apply?
Producers, for products packaged in France:
1 With regard to own brands, professionals must specify in their commercial agreements who is responsible for the packaging declaration. Citeo Pro recommends that manufacturers complete the declaration for the sake of operational ease.
Importers or introducers: for products packaged abroad – within and outside the EU – and resold on the French market.
If the producer, introducer or introducer/importer cannot be identified (products packaged in France and abroad): the company responsible for first placing the packaged product on the market is subject to EPR.
Example: I import products manufactured and packaged abroad by a supplier that has a subsidiary in France.
A foreign producer that markets its products through a subsidiary registered in France (that has a SIREN number) is subject to French law.
By marketing products that have come from its parent group/company, the supplier becomes the first party to place such products on the market. This company is responsible for completing the declaration for items it places on the market as an introducer/importer and not as a producer.
Retailers are subject to this EPR scheme:
Marketplaces are subject to this EPR scheme:
Packaging manufacturers are not subject to this EPR scheme, as they do not package the products.
*The French market consists of Metropolitan France and the overseas departments and regions (Guadeloupe, Martinique, French Guiana, Reunion Island, Saint Pierre and Miquelon, Saint Martin, Mayotte), as well as duty free and boarding areas in the aforementioned territories.
Under the provisions of the French Climate and Resilience Law and the AGEC Law, businesses producing or importing “large-format” food products intended for food service professionals in France* are required to reduce the environmental impact of primary packaging for these products from 15 March 2024.
The law defines food service professionals as persons with a main or secondary professional activity in the food service industry. This applies to all types of food service, whether indoors or out and whether food is consumed on-premises or as a takeaway.
Examples of food service professionals: commercial caterers (traditional, fast-food, chain restaurants, etc.) or mass caterers (schools, companies, medical/social centres, etc.), hotels, service stations, cafés, licensed premises, butchers, bakers, etc. that also provide catering services, vending machines, etc.
To whom does this EPR scheme apply?
=> Producers, for products packaged in France:
1 With regard to own brands, professionals must specify in their commercial agreements who is responsible for the packaging declaration. Citeo Pro recommends that manufacturers complete the declaration for the sake of operational ease.
=> Importers or introducers: for products packaged abroad – within and outside the EU – and resold on the French market.
=> If the producer, introducer or introducer/importer cannot be identified (products packaged in France and abroad): the company responsible for first placing the packaged product on the market is subject to EPR.
Example: I import products manufactured and packaged abroad by a supplier that has a subsidiary in France.
A foreign producer that markets its products through a subsidiary registered in France (that has a SIREN number) is subject to French law.
By marketing products that have come from its parent group/company, the supplier becomes the first party to place such products on the market. This company is responsible for completing the declaration for items it places on the market as an introducer/importer and not as a producer.
=> Retailers are subject to this EPR scheme:
=> Marketplaces are subject to this EPR scheme:
=> Packaging manufacturers are not subject to this EPR scheme, as they do not package the products.
*The French market consists of Metropolitan France and the overseas departments and regions (Guadeloupe, Martinique, French Guiana, Reunion Island, Saint Pierre and Miquelon, Saint Martin, Mayotte), as well as duty free and boarding areas in the aforementioned territories.
The scheme only applies to primary* food product packaging placed on the market in French territory and consumed or used specifically by food service professionals.
The order of 20 July 2023 sets out the specific rules for identifying primary* food product packaging that comes under the EPR scheme for food service packaging, depending on the volume or mass of the packaged product.
• If the volume or mass of your packaged products is greater than the values laid down in the order, the packaging falls within the scope of the EPR scheme for food service packaging. This type of packaging is called “large-format packaging”.
• If the volume or mass of your packaged products is lower than or equal to the values laid down in the order, the packaging is considered mixed commercial/household food packaging and is not included in the scope of the EPR scheme. This type of packaging is called “small-format packaging”.
Multi-pack packaging and shipping packaging do not fall within the scope of this EPR scheme.
Let’s study the case of a cardboard box containing ten 5-litre ice cream tubs intended for a restaurant. The ice cream tubs are all primary packaging and therefore the law applies to them. The cardboard box containing the ice cream tubs is secondary packaging and the EPR scheme for food service packaging does not apply to it.
Important! Mixed commercial/household food packaging is covered by the EPR scheme for household packaging. If you only distribute your products to the food service sector and have only mixed commercial/household food packaging, all you need to do is declare this packaging to Citeo, Adelphe or any other company accredited under the EPR scheme for household packaging and graphic paper.
*Definition pulled from Article R543-43 of the French Environmental Code: “Sales or primary packaging is designed to form part of a sales item targeted at final users or consumers at a point of sale”.
For further information regarding which packaging is covered, please refer to the question “Only primary food packaging must be declared for the EPR scheme for food service packaging. What is primary packaging?”
The order of 20 July 2023 lays down the rules, based on the volume or mass of packaged products, for distinguishing between food service packaging and “mixed commercial/household food packaging”, the latter being covered by the EPR scheme for household packaging and graphic paper from 1 January 2024.
Food Service Packaging:
Formats with a volume or mass greater than the value laid down in the appendix of the order (Article R543-43, III, 6° of the French Environmental Code). This type of packaging is called “large-format packaging”.
Definition of food service packaging: any packaging for food products that are consumed or used specifically by food service professionals.
Mixed commercial/household food packaging:
Formats with a volume or mass lower than or equal to the value laid down in the appendix of the order (Article R543-43, III, 5° of the French Environmental Code). This type of packaging is called “small-format packaging”.
Definition of mixed commercial/household food packaging: Any packaging for food products that may be consumed or used by households or food service professionals.
Important! Mixed commercial/household food packaging is covered by the EPR scheme for household packaging and graphic paper. If you only distribute your products to the food service sector and have only mixed commercial/household food packaging, all you need to do is declare this packaging to Citeo, Adelphe or any other company accredited under the EPR scheme for household packaging and graphic paper.
Primary packaging is the packaging for each goods unit placed on the market with a food service professional. With regard to goods sold in packs, the primary packaging should be viewed as the packaging for each goods unit included in a given pack and not the packaging used for grouping these goods units together.
Primary packaging for food products whose volume or mass exceeds the threshold set by the order relating to the scope of the scheme.
Definition taken from Article R543-43 of the French Environmental Code: “Sales or primary packaging is designed to form part of a sales item targeted at final users or consumers at a point of sale.”
Example:
You sell cardboard boxes containing 6 x 2 kg cans of vegetables to a food service professional.
A) Identifying the primary packaging: The can is the primary packaging, as it is the reference goods unit. The cardboard box is secondary packaging and therefore does not fall within the scope of this EPR scheme.
B) Identifying the format (volume/mass) of my primary packaging and comparing it to the threshold set for the packaged product category in the order relating to the scope of the scheme: In our example, the mass of each can of vegetables is 2 kg. According to the appendix of the order of 20 July 2023, this can must be >1.2 kg in order to be included in the scope of food service packaging based on the threshold for this packaged product category (canned vegetables and fish).
Consequently, since the mass of the cans in our example exceeds this threshold, they are classified as food service packaging.
Examples of primary packaging covered by the EPR scheme for food service packaging: A 2 kg can, a 5 L container of oil, a 3 kg packet of meat, a 20 L keg of beer and a box used to preserve fish.
Secondary and tertiary packaging is not covered by the EPR scheme for food service packaging. It will be covered by the forthcoming EPR scheme for industrial and commercial packaging (ICP).
Any packaging used to group goods units together, particularly as packs intended for sale, may be considered as secondary packaging.
Example: a multi-pack box or packet used to contain individual packaging units, e.g. a box containing 6 cans or containers of oil.
For further information, consult Article R543-43 of the French Environmental Code.
Any packaging used for handling and transport may be considered as tertiary packaging. Tertiary packaging plays a largely logistical role. It is used for such purposes as ensuring suitable handling and storage conditions, particularly for a number of secondary packaging items, during transport. As regards products delivered “in bulk” or “by weight”, delivery boxes and trays used to deliver such products to food service professionals are classified as tertiary packaging.
Examples: a box used for transporting fish, a crate of fruit and vegetables, a box of oysters, a net of shellfish, a net of potatoes, a pallet, pallet film and strapping.
For further information, consult Article R543-43 of the French Environmental Code.
According to Article R543-43 8° of the French Environmental Code: “Food service professional: a person who prepares and sells food and drink professionally, to be consumed on-premises or as a takeaway, including licensed premises, regardless of whether it is their main business activity or not, or of whether the dining area is indoors or out.”
Examples: The following are food service professionals: caterers, service stations serving food, vending machines (beverages, pizzas, baguettes).
Step 1: You are assumed to sell to a food service professional if you sell packaged food products
According to the provisions of Article 2 of the order of 20 July 2023 concerning product packaging that may be consumed or used by households and food service professionals and packaging for products consumed or used specifically by food service professionals, you are assumed to sell to food service professionals if you sell food products included in the order relating to the scope of the scheme.
However, if you wish to exempt part of your sales from this declaration, you must prove that over 50% of these products are intended for professionals other than food service professionals.
Step 2: You wish to prove that you do not sell your packaged products to a food service professional
According to the provisions of Article R543-43 of the French Environmental Code, a food service professional is defined as “a person who prepares and sells food and drink professionally, to be consumed on-premises or as a takeaway, including licensed premises, regardless of whether it is their main business activity or not, or of whether the dining area is indoors or out”.
In order to obtain further information relating to this definition, we suggest initially investigating the following:
a. Find out the main activity (NAF) code of your professional’s food service activity (codes starting with 56)
Examples: catering service, mass catering, self-service catering, tea rooms, ice cream sales, meal preparation at markets, meal and beverage service in hotels and bars, companies providing meals, etc.
b. In addition to their NAF code, the professional may pursue an activity producing food or beverages for immediate consumption (according to the NAF definition), sometimes on a secondary basis.
Examples: food service at social leisure facilities (youth hostels), supermarket bakeries/delicatessens, tobacconists, delicatessens, confectioners, ice cream makers, bakers and pastry makers, licensed premises, service stations, motorways, concession food service (cinema, museums, etc.), school or company catering, medical/social centres, vending machines with food production, food vans, etc.
Also, you do not sell to a food service professional if you sell packaged food products to:
• An agri-food manufacturer: for example, a company manufacturing ready meals;
• A fishmonger (that does not offer a catering service);
• A butcher (that does not offer a catering service);
• A grocer, etc.
The only exception is if the producer can prove that at least half of their packaging falling into the food service packaging category under the provisions of the order is not intended for food service professionals. If that is the case, the producer is allowed to count only the packaging actually intended for food service professionals as food service packaging.
Example 1:
You place oil on the market. 60% of it is intended for agri-food companies and 40% of it for food service professionals.
If you can prove this, you don’t have to declare packaging for products intended for agri-food companies and you can just declare the 40% of packaging actually intended for food service professionals.
If you cannot prove this breakdown of items placed on the market, all items placed on the market must be declared under the EPR scheme for food service packaging.
Example 2:
You place tomato sauce on the market. 20% of it is intended for agri-food companies and 80% of it for food service professionals.
In that case, all the corresponding packaging is declared under the EPR scheme for food service packaging.
What supporting documents need to be provided to secure exemptions?
Citeo Pro does not provide exemption certificates. It is therefore up to you to provide technical evidence of the invoiced company’s identity (as a non-food service professional).
Packaging for non-food products used specifically for food service;
Packaging for food products whose volume or mass is less than or equal to the thresholds set by the order: mixed commercial/household food packaging, which should be declared under the EPR scheme for household packaging and graphic paper;
Secondary and tertiary packaging for food products whose volume or mass exceeds the thresholds set by the order;
Primary packaging for food products that are mainly intended for other professionals. Important! If you are unable to prove that over 50% of your sales for this product category are intended for other professionals, you must declare this packaging under the EPR scheme for food service packaging.
Companies (e.g. retailers) that purchase food products abroad and import them into France are solely responsible, from an EPR perspective, for registering with a producer responsibility organisation and declaring their imports as the first party to place such products on the French market. This is true even if they transfer their EPR obligations to their foreign suppliers by means of a commercial agreement.
In such instances, importers must be able, in the event of an audit, to prove that their foreign suppliers:
If producers do not sell their goods directly to food service professionals and only sell them through a retailer network that may dispatch and/or repackage their products when selling them to end customers (e.g. products sold in bulk, dispatched or placed in transport packaging which qualifies as tertiary packaging):
The French market consists of Metropolitan France and the overseas departments and regions (Guadeloupe, Martinique, French Guiana, Reunion Island, Saint Pierre and Miquelon, Saint Martin, Mayotte), as well as duty-free and boarding areas in the aforementioned territories.
Citeo Pro membership is free of charge. Every year, a financial contribution corresponding to the volume and type of packaging placed on the market is charged to Citeo Pro clients based on a rate set for the year the packaging was placed on the market.
Clients must register online for Citeo Pro. Simply click on the “Join” button on our home page. You will then by guided through the registration process.
To register successfully, you will need your company’s details (SIRET number, intracommunity VAT number or registration number) along with the contact details of the person designated to sign the contract.
It may take several days to approve your registration. Once you have registered, you will have access to the Citeo Pro Client Portal which includes all the documents you will need to complete your declaration (contract, rate guide, declaration guide, declaration file for calculating your contribution).
You can register and declare any primary food packaging placed on the market by your principals under items placed on the market in your declaration file.
For information:
A mandate is an agency agreement through which a Principal authorises an Agent to submit declarations and pay contributions in its name and on its behalf, under specific circumstances listed exhaustively in the general terms and conditions of the contract.
A Principal is a natural or legal person legally responsible for preventing and managing Food Service Packaging waste from products marketed in France, who has authorised the Agent to carry out in its name and on its behalf the declaration and any operations relating to it, and to pay the ensuing Contribution. The Principal continues to be considered as a Client.
The Agent is contractually obligated to update the list of Principals and any related information. In addition, the Principal is bound by certain rights and obligations provided for in the Contract on the basis of the Mandate between the Principal and the Agent.
An Agent is a person entrusted by a Principal, subject to having a Mandate (which can be tacit), with making a Declaration and paying the Contribution in the Principal’s name and on its behalf in specific and exhaustively listed circumstances. The Agent, if subject to the statutory obligation to prevent and manage Food Service Packaging waste, will also be considered as a Client.
An agent can enter into a contract with Citeo Pro if a mandate has been issued:
At the start of each year, you must complete a declaration for your packaging placed on the market in the year N-1.
Two types of declarations are available depending on the number of primary packaging items placed on the French market:
• A flat-rate declaration: for companies which place fewer than 1,000 primary packaging items on the market per year. If that’s the case, you don’t need to provide any figures! The flat rate is €80 excl. VAT.
• A primary packaging declaration: this is compulsory if you place 1,000 or more primary packaging items on the market per year. This declaration provides a breakdown by weight per material.
Please note: From 2024, if the volume or mass of your primary packaging is less than or equal to the thresholds set out in the order, this mixed commercial/household food packaging must be declared under the EPR scheme for household packaging and graphic paper. For details of declaration procedures, please contact an approved producer responsibility organisation or the producer responsibility organisation with which you have signed a contract for the EPR scheme for household packaging and graphic paper.
15 March 2024: Entry into force of the EPR scheme for food service packaging.
Please note: The extension of the EPR scheme for household packaging* to include mixed commercial/household food packaging came into force on 1 January 2024.
From the effective date > end of June 2024: Submission of declarations for mixed commercial/household packaging placed on the market in 2023.
April > December 2024: Projected invoice for an estimated contribution based on items placed on the market in 2023. 1 January > 28 February 2025: Declaration for food service packaging placed on the market in 2024.
March 2025: Adjustment invoice for the contribution paid for food service packaging placed on the market in 2024.
* If you produce mixed commercial/household food packaging, you can register with Citeo, Adelphe or any other producer responsibility organisation approved for the EPR scheme for household packaging.
The declaration you are about to complete in 2024 will be used to:
We will use this contribution to meet one of our obligations, namely to organise, develop and fund private or public operators responsible for collecting, sorting and recycling food service packaging, once the EPR scheme has been launched in 2024.
Categories and associated thresholds have been defined and approved by the public authorities and listed in the appendix of the order of 20 July 2023. You should apply the categories that offer the best fit with your various packaged products. 2024 is the introductory year for this EPR scheme. We are developing decision-making tools to guide you with your next declaration for 2024 to be submitted at the beginning of 2025 and help you apply the correct categories for your packaged products.
To declare them: primary packaging produced from rolls must be declared in the same way as all other packaging.
How is the unit weight of a primary packaging item calculated if it comes from a roll?
The unit weight of primary packaging items can be determined based on an average. Unit weight of the primary packaging items (in grams) = (Weight of the roll in grams/number of primary packaging items produced).
The average weight should be calculated for each roll type, and therefore one roll type should be declared per line.
You should declare these packaged products based on the product’s reference weight.
The unit weight* (in grams) of a primary packaging item should be entered in the field for the relevant material.
The number of packaged products produced should be entered in the “Number of primary packaging items” field.
*The unit weight of primary packaging items can be determined based on an average.
Unit weight of the packaged product (in grams) = (Weight of the roll (in kg) x 1,000) / number of primary packaging items
You should declare these packaged products based on the product’s reference weight.
The public authorities have not issued any guidance on this issue. Therefore, when applying the thresholds set by the order for categories such as “Yoghurt and similar products, cream, fromage blanc, milk-based desserts and puddings”, “Ready-to-eat desserts, preparations for puddings and desserts” and “Concentrated and powdered milk” Citeo Pro accepts that one litre may be viewed as being equivalent to one kilo for the purposes of simplification.
Under Article 62 of the Anti-Waste Law for a Circular Economy (AGEC Law) passed on 10 February 2020, a compulsory unique identifier needs to be allocated to each company or entity subject to extended producer responsibility (EPR).
Specific to each EPR scheme, the identifier serves to identify each company or entity registered with an approved producer responsibility organisation and subject to EPR.
It must be added to your terms and conditions of sale, any contractual documents and your website.
Under the EPR scheme for food service packaging, you don’t have to apply to ADEME for a unique identifier after registering with Citeo Pro.
Once you register, we will obtain your unique identifier from ADEME as quickly as possible. As soon as we receive your unique identifier, we will pass it on to you. It will also be available in your Client Portal (Contract > Unique ID tab).
If you fail to include your unique identifier in your terms and conditions of sale or any other contractual document, you may be issued with an administrative fine of up to €30,000.
Since EPR was introduced, businesses have chosen to work together by registering with an approved, not-for-profit producer responsibility organisation, which manages all aspects of their obligation for them. The role of the producer responsibility organisation is to:
However, companies can also choose to set up their own specific system to collect, sort and recover their packaging placed on the market, which must be approved by the public authorities. If you choose this option, your EPR obligations are covered.
However, if your own specific take-back system currently in place has not been approved by the public authorities as meeting your EPR obligations, you cannot claim exemption from contributions.
Citeo Pro membership is free of charge. Citeo Pro clients must only pay a financial contribution according to the actual volume and type of packaging they place on the market, with a minimum annual charge of €80 excl. VAT. The rates table is available in the “rate and resources” section of this website.
In 2024, once you have submitted your first declaration based on your primary packaging placed on the market in 2023, you will be sent your first projected invoice.
Below are details of the invoicing schedule:
In 2024:
If the contribution based on your declaration is less than €5,000 excl. VAT:
If the contribution based on your declaration is more than €5,000 excl. VAT, an invoicing schedule is put in place:
In 2025:
Early 2025: Adjustment invoice for the contribution paid for food service packaging placed on the market in 2024, within a month of submitting your declaration (unless an audit is programmed).
The environmental contribution for the EPR scheme for food service packaging is factored into the sales prices of products covered by the scheme, as is the case for the EPR scheme for household packaging and graphic paper.
As a producer responsibility organisation, we can therefore not provide any recommendations on this matter. This notice on pricing transparency published by the public authorities is available to consult for further information (in French only).
Article 67 of the AGEC Law sets reuse targets for all packaging types (primary, secondary and tertiary), a breakdown of which can be found here (in French only). These targets therefore also apply to food service packaging.
The regulatory framework sets annual targets to be met by producers (of over 10,000 sales units per year) in terms of placing reused packaging on the market:
Packaging can be described as reusable or refillable if it has been designed, produced and placed on the market to be used for multiple trips or rotations during its life, by being refilled or reused to fulfil the purpose for which it was originally designed.
Reused packaging is packaging which has been used at least a second time for a similar purpose as that set out in its design brief, and whose reuse is organised by or on behalf of the manufacturer. Reused packaging must be recyclable.
*of over 10,000 sales units.
Support with collecting reused packaging:
Citeo Pro helps cover the cost of collecting reused packaging included in the scope of the EPR scheme for food service packaging.
Operators collecting reused packaging must submit a quarterly declaration of units collected and receive support based on a scale per packaging format. The platform for declaring collected packaging will go live in September 2024.
Funding the transition to reuse:
Citeo Pro allocates 5% of its budget to funding the transition to reuse. A CFP will be issued in the second quarter of 2024 aimed at funding reuse projects, particularly those focusing on R&D.
Packaging can be described as reusable or refillable if it has been designed, produced and placed on the market to be used for multiple trips or rotations during its life, by being refilled or reused to fulfil the purpose for which it was originally designed.
Reused packaging is packaging which has been used at least a second time for a similar purpose as that set out in its design brief, and whose reuse is organised by or on behalf of the manufacturer. Reused packaging must be recyclable.
NEEDS TO BE DECLARED
Reusable packaging: a contribution is required for the declaration relating to the year in which it was first placed on the market.
DOES NOT NEED TO BE DECLARED
Reused packaging, i.e. reusable packaging from the second time it is placed on the market. You must be able to provide evidence that such packaging is reusable.