Extended Producer Responsibility (ERP) is an environmental mechanism based on the “polluter pays” principle. Specifically, it requires producers (manufacturers, importers, distributors) to manage the waste generated by their products at end-of-life. The objective is twofold: to encourage these stakeholders to integrate recyclability and sustainability considerations from the design stage (eco-design), and to collectively finance the collection, sorting, recycling, or recovery of waste.
Producer obligations under ERP
Financial or organizational responsibility
Producers must bear the cost of managing waste generated by their products. They can fulfill this obligation directly or by joining state-approved eco-organizations that centralize and organize waste treatment on behalf of all relevant stakeholders.
Implementation of specific sectors
Depending on the type of products (packaging, electrical and electronic equipment, tires, etc.), specific sectors are established. These sectors set collection, recycling, and recovery targets, and implement monitoring mechanisms to ensure that the expected environmental results are achieved.
Incentive for eco-design
By internalizing the costs associated with product end-of-life, the ERP mechanism encourages producers to rethink the design of their products to facilitate recycling and reduce their environmental impact.
Here is a description of the main ERP sectors in France:
- Household packaging
This sector requires producers to manage the end-of-life of packaging placed on the market. The objective is to promote the recycling and recovery of materials (plastics, cardboard, metals, glass) in order to reduce the environmental footprint of packaging waste. - Waste electrical and electronic equipment (WEEE)
Concerning electrical and electronic products, this sector requires producers to organize the collection, treatment, and recycling of end-of-life equipment. The mechanisms put in place enable the recovery of raw materials and limit the impact of hazardous substances on the environment. - Batteries and accumulators
Producers of batteries and accumulators must ensure the collection and recycling of these products, which contain polluting substances. This sector is crucial for preventing the dispersion of heavy metals and other harmful substances into the environment. - End-of-life vehicles (ELV)
For end-of-life vehicles, the ELV sector aims to ensure effective collection and depollution, followed by dismantling and recycling of the various materials that compose them. It enables the recovery of metals and other materials while ensuring safe management of fluids and hazardous substances. - Building Construction Products and Materials (BCPM)
This sector, established to address the specific challenges of the construction industry, aims to improve the recycling and recovery of materials from construction products. It promotes the circular economy in a sector where the volume of waste is particularly significant.
Focus on the Building Construction Products and Materials ERP
The BCPM ERP sector specifically concerns Building Construction Products and Materials. This sector, due to the significant volume of waste it generates, represents a major challenge for resource management and reducing environmental impact.
The founding texts of the BCPM ERP sector are as follows:
- Law No. 2020-105 of February 10, 2020 on combating waste and promoting the circular economy (commonly known as the “AGEC law”). This law established the general principle of “polluter pays” by extending extended producer responsibility to new sectors, including construction.
- Decree No. 2021-1556 of December 3, 2021, which details the implementation procedures for ERP for Building Construction Products and Materials (BCPM ERP).
Valobat in Key Figures
The BCPM ERP sector was scheduled to come into force in France from May 2023
40
Million tons of waste per year
67%
Recovery rate
(recycling, material and energy recovery)
<1%
Reuse rate
Here are the key points of the BCPM sector
- Responsibility of construction industry stakeholders
Producers, distributors, and importers of construction materials must now manage the end-of-life of their products. This involves financing or organizing the collection, sorting, recovery, and recycling of waste from the construction sector.
- Environmental objectives
The BCPM ERP aims to promote the circular economy in the construction sector by increasing the recycling rate of materials, particularly reducing landfilling and encouraging resource reuse. This mechanism thus contributes to reducing raw material extraction and limiting the environmental impacts associated with the production of new materials.
- Role of eco-organizations
As with other ERP sectors, specialized eco-organizations are responsible for centralizing producer contributions and organizing waste treatment. These structures ensure compliance with regulatory obligations and monitor the environmental performance of the sector.
In summary, ERP in France is a powerful lever for transforming waste management and encouraging more sustainable practices in design and production. The BCPM ERP mechanism, by specifically targeting the construction sector, actively participates in the transition toward a circular economy in a key sector for the environment and natural resources.
Priority missions: Prevent / Collect / Treat
Reuse/reutilization targets have been established, setting a reuse/reutilization rate relative to the estimated waste stream.
Eco-organizations deploy action plans to achieve these objectives, including for example calls for projects to support construction sites or develop new reuse activities, support contracts for reuse stakeholders, the drafting of technical guides or standards, etc.
Reuse zones will be created at collection points.
Finally, bonuses and penalties have modulated eco-contributions since 2024, in order to favor products and materials placed on the market that have better environmental performance.
Prevention
Reuse/reutilization targets have been established, setting a reuse/reutilization rate relative to the estimated waste stream.
Eco-organizations deploy action plans to achieve these objectives, including for example calls for projects to support construction sites or develop new reuse activities, support contracts for reuse stakeholders, the drafting of technical guides or standards, etc. Reuse zones will be created at collection points.
Finally, bonuses and penalties have modulated eco-contributions since 2024, in order to favor products and materials placed on the market that have better environmental performance.
Treatment
It is estimated that approximately 80% of BCPM waste is collected directly from construction sites and 20% is deposited at collection points such as public waste collection centers, professional waste collection centers, distributors, and inert waste platforms.
Eco-organizations have deployed a network of collection points. They must ensure there is a point every 10 or 20 km that accepts all waste streams, including hazardous waste for half of these points (also called “network points”).
Beyond a certain quantity of waste, eco-organizations also collect waste from construction companies and at construction sites.
Collection
Category 1 waste (mineral) is directed toward the following types of treatment:
- Reuse/reutilization (less than 1%)
- Recycling: production of recycled aggregates, mainly for road construction projects (33% estimated in 2019 in the preliminary study)
- Material recovery: quarry backfilling, on-site or at another construction site (43%)
- Disposal: storage in inert waste storage facilities (IWSF) (23%)
Category 2 waste is directed toward the following types of treatment:
- Reuse/reutilization (less than 1%)
- Recycling (37%)
- Energy recovery (8%)
- Disposal: storage in non-hazardous waste storage facilities (NHWSF) or incineration (54%)
Hazardous waste is disposed of: storage in hazardous waste storage facilities (HWSF), asbestos storage facilities, or hazardous waste incinerators.
The regulations define 2 different categories for the BCPM sector:
Category 1
Construction products and materials consisting predominantly by mass of minerals containing neither glass, nor mineral wool, nor plaster, belonging to the following families:
- Concrete and mortar or contributing to their preparation;
- Lime;
- Stones such as limestone, granite, sandstone, and lava;
- Fired or unfired clay;
- Slate;
- Bituminous mix or contributing to the preparation of bituminous mix, excluding bituminous membranes;
- Aggregate;
- Ceramic.
Category 2
Other construction products and materials belonging to the following families:
- Construction products and materials consisting predominantly by mass of:
- Metal;
- Wood;
- Plaster;
- Plastic;
- Bituminous membranes;
- Glass wool;
- Rock wool;
- Mortars, coatings, paints, varnishes, resins, preparation and application products, including their containers, other than those covered by the chemical products ERP;
- Joinery containing glass, glazed partitions, and related construction products;
- Construction products of plant or animal origin, or other materials not listed in another family in this category.
- Construction products and materials consisting predominantly by mass of:
