France Law implementing EU regulation relative to batteries and waste batteries

France enacted a law on 22 April 2024 implementing EU Regulation 2023/1542 on batteries and waste batteries, alongside other provisions adapting French law to EU regulations across various sectors. Article 14, which outlines due diligence obligations for battery operations, will enter into force on 18 August 2025. This article applies to economic operators with annual net turnover exceeding EUR 40 million or those part of a group with consolidated turnover exceeding EUR 40 million. These operators must adhere to due diligence policy, management system, risk management, third-party verification, and reporting requirements as specified in EU Regulation 2023/1542.

Article 14 (due diligence obligations for battery operations) enters into force on 18 August 2025. 

• Applies to economic operators with annual net turnover exceeding €40 million or part of a group with consolidated turnover exceeding €40 million.
• Subjects these operators to due diligence policy, management system, risk management, third-party verification, and reporting requirements as per EU Regulation 2023/1542.
• Enforcement Mechanisms: a) Authorised agents can access documents and conduct on-site visits. b) Procedure for noting and reporting breaches. c) Regularisation process giving operators up to one year to comply.
• Penalties for Non-compliance: a) Execution of necessary measures at the operator's expense. b) Daily penalty of up to €1,500 until breach ceases. c) Restriction or prohibition of battery availability on the market. d) Withdrawal or recall of batteries in cases of serious deficiencies.
• Information Exchange: Allows customs officers and control officers to exchange information for control purposes.

Article 15, 10° (Amendments to the Environmental Code) 

• Upon publication, the following provisions effective: 
  • Updates to Environmental Code references to include EU Regulation 2023/1542. 
  • Broadened definition of 'producer' to potentially include those making reused or refurbished products available on the market for the first time. 
  • Explicit listing of batteries as a category subject to Extended Producer Responsibility (EPR). 
  • Introduction of penalties for non-compliance with substance restrictions in batteries as per EU Regulation 2023/1542.
• By 18 August 2025, EPR collection requirements will be extended to a broader range of product categories, including batteries under Article 15, 10°. 
• From 1 January 2026, waste management operators must have contracts with approved eco-organisations or individual systems established by producers to manage battery waste, as stipulated in Article 15, 11°. 

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