EPR in the building sector, or Extended Producer Responsibility (EPR) for building products and materials, is a system put in place to better manage construction waste. In fact, this sector produces 42 million tonnes of waste every year, a figure that has prompted public authorities to take action.
How does building EPR work?
EPR in the building industry requires manufacturers, distributors and importers of products to take responsibility for the end-of-life of their products. To do this, they must join one or more government-approved eco-organizations, which are responsible for managing end-of-life products. These eco-organizations include ECOMAISON, ECOMINERO, VALDELIA and VALOBAT.
These organizations are responsible for collecting and recycling waste from products placed on the market by manufacturers, distributors and importers. They are financed by an eco-contribution, the amount of which depends on the nature and weight of the materials concerned.
Date of introduction of EPR for buildings
Building EPR was introduced on May 1, 2023. Since that date, all manufacturers, distributors and importers of construction products and materials have been required to comply with EPR obligations. This includes membership of an approved eco-organization, payment of the eco-contribution and indication of this contribution on invoices. This marked an important step forward in the management of construction waste in France, by making those involved in the sector more accountable.
What are the obligations of the players involved?
Manufacturers, distributors and importers have a number of obligations under EPR for the building industry. They must :
- Join an eco-organization and pay the eco-contribution.
- Indicate the eco-contribution amount and details on invoices.
- Pass on the eco-contribution on invoices to direct professional customers.
Which materials are covered by the REP Building program?
Building EPR covers a wide range of construction materials. These include bricks, concrete, tiles and ceramics, glass, earth and stone from unpolluted sites. These materials, referred to as inert waste, account for around 75% of waste from the construction sector.
In addition, EPR for construction also applies to non-hazardous waste such as wood, plastic and metals, which make up almost a quarter of all construction waste. Finally, a small portion of the waste – around 2% – is hazardous waste, such as asbestos, polluted excavated soil, solvents, etc.
It should be noted that EPR in the building sector encourages the re-use and recycling of materials resulting from deconstruction. In fact, around 50% of inert waste is directly recovered or reused at the end of the worksite. Some of this material is recycled as construction materials for public works (backfill, road base, etc.) or reclaimed for quarry redevelopment. In particular, demolition concrete is recycled in the form of aggregates.
How is the amount of building EPR calculated?
The amount of the building EPR is determined according to several criteria. It takes into account the type of materials used, their weight and their recycling potential. However, the exact amount of building EPR can vary and is not readily available to the public. Precise information on the amount of EPR for the building industry is generally held by the eco-organizations responsible for managing these contributions. For more detailed information, we recommend that you contact these eco-organizations directly, or consult an expert in environmental law.
Is there a way out of EPR?
It is not possible to get away from EPR for buildings. All manufacturers, distributors and importers of construction products and materials are required to comply with EPR obligations. This includes membership of an approved eco-organization, payment of the eco-contribution and indication of this contribution on invoices.
What are the penalties for non-compliance with EPR?
In the event of non-compliance with EPR obligations, penalties may be applied. Manufacturers, distributors and importers who fail to meet their obligations may be subject to administrative fines of up to €30,000. Moreover, failure to comply with these obligations may also result in criminal penalties, particularly in the event of false declaration.
Who pays for EPR?
EPR is the responsibility of manufacturers, distributors and importers of construction products and materials. They are required to pay an eco-contribution to an approved eco-organization. This contribution is then used to finance the collection and recycling of waste from these products. But they are obliged to bill it to the customer, so it’s the end customer who pays the EPR.
Who is affected by EPR?
EPR for the building industry concerns all players in the production and distribution chain for construction products and materials. This includes manufacturers, distributors and importers. These players are responsible for the end-of-life of the products they put on the market.
The limits of building EPR
EPR in the building sector, while essential for the management of construction waste, has its limitations.
Firstly, it is based on a traditional view of waste as a residue to be disposed of. This approach fails to address the problem at source, i.e. excessive waste production.
In fact, EPR for the building industry does not call into question the linear production and consumption model (extract, produce, consume, throw away) which is at the root of massive waste production. It focuses on managing waste once it has been produced, without seeking to reduce its production upstream.
Moreover, EPR for the building industry does not distinguish between producers according to their commitment to the environment. Thus, even producers who adopt virtuous practices, such as producing products designed according to the principles of the Cradle to Cradle Certified® (C2C), for example, are not exempt from EPR for the building industry, while version 4 of this certification requires producers to set up a collection system for upcycling or composting certified products.
Think resources rather than waste
These limitations underline the importance of rethinking our approach to waste management. The circular economy, which aims to minimize waste production and maximize the reuse and recycling of materials, offers a virtuous alternative.
It is based on the resource paradigm, which sees waste not as residues to be disposed of, but as used resources to be valorized. That’s exactly what myUpcyclea makes possible, thanks to a range of tools specially designed to manage your assets in the circular economy.
In short, although EPR in construction plays a crucial role in the management of construction waste, it should not be seen as the only solution. This approach needs to be complemented by strategies aimed at reducing waste production at source and promoting the circular economy.
