The building sector: who are the marketers concerned?

Who are the marketers in the building sector?

Marketers are companies subject to Extended Producer Responsibility (EPR). But how do you know if you are? Whether you're a manufacturer, distributor, importer or online seller of construction products and materials, you're certainly concerned by EPR for the building industry!

Article R543-290 of the French Environment Code defines the term "marketer" for EPR channels, otherwise known as "producer":

"A producer is any natural or legal person who, on a professional basis :

• manufactures, or has manufactured, construction products or materials for the building industry, which it makes available on the national market under its own name or trademark for use by anyone carrying out construction or renovation work, or having it carried out by a third party, on national territory;
• or imports or introduces for the first time on the national market construction products or materials intended for use on national territory.
  In the event that construction products or materials are made available on the market under the brand name of a reseller, the reseller is considered to be the producer. "

Manufacturers, distributors and importers in the construction industry: all concerned!

In practical terms, to find out whether you are covered by the extended producer responsibility (EPR) for construction, you need to ask yourself two questions:

• First: do you manufacture products and materials for the building and construction industry in France? If you manufacture and sell these products, you are a "marketer". On the other hand, if you manufacture on behalf of a distributor, it is the distributor who is the "metteur sur le marché".
• Second: do you import products from abroad? If so, you're still a marketer.

Online sellers also subject to REP building regulations

Online sales are subject to the same rules as in-store sales. If you sell your own brand or import products which you then resell on your site, you are a "marketer" of EPR building products.

The law goes even further for online sellers who are marketplaces. It introduces an online seller's responsibility for the compliance of third-party sellers using its platform. In other words, if you host third-party sellers of building materials on your site, you must ensure that they fulfill their legal obligations and contribute to the recycling of their products. And if they don't, it's up to you to declare them and pay the eco-participation to your eco-organization.

What are the obligations of EPR producers in the building sector?

Once you've been identified as a "marketer", you'll need to join an eco-organization that will take charge of recycling and reusing your products on your behalf.

In return, he'll give you a unique identification number issued by ADEME, proof that you're fulfilling your obligations. In return, you'll pay him the eco-participation fee, which is used to organize the collection and recycling of building waste.