Regulation

Decree No. 2021-1395 of October 27 organizes the rules for managing used oils, as well as the conditions for implementing extended producer responsibility (EPR) for mineral, synthetic, lubricating or industrial oils. For the record, this decree was drawn up in application of article 62 of Law No. 2020-105 of February 10, 2020 relating to the fight against waste and the circular economy (known as the AGEC law) which provided for the establishment from January 1, 2022 of an extended producer responsibility sector for used oils. This concerns producers, importers and those who introduce mineral, synthetic, lubricating or industrial oils intended to be sold or used directly on the national territory. On the other hand, persons who introduce or import for the first time into French territory equipment containing such oils other than road vehicles and non-road mobile machinery (which are defined in article R224) are not considered producers. -7 of the Environmental Code). The decree of October 27, 2021 specifies, among other things, the rules relating to the handling of used oils, which are considered hazardous waste. These provisions, which modified articles R543-3 et seq. of the Environmental Code, will mostly come into force on January 1, 2022. On the other hand, the provisions relating to the registration of oil collectors with eco -organizations will come into force on July 1, 2022, and the obligation to submit a slip in the event of collection will apply on January 1, 2024.

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Scope

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The decree of October 27 specifies the uses of used oils which will fall under the principles of EPR, namely:
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 For heat engines and turbines;
 

• For gears

• For movement

• For compressors

• Multifunctional

• For hydraulic systems

• For electrical uses

• For heat treatment

• Non-soluble for metalworking

• Those used as heat transfer fluids

Please note that this list may, if necessary, be supplemented by order. Used oils from the operation of ships or navigation buildings will not be affected by the REP obligations. This decree also provides the definition of “used oil collector”, understood as any person who, in a professional capacity, collects used oils without grouping them, in order to hand them over to a used oil collector-consolidator.

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Management of used oils

 

From January 1, 2022, separate collection of used oils with different characteristics, as well as waste and substances preventing their regeneration or the implementation of a process whose results are environmentally equivalent (for example a process recycling) must be put in place. The ban on mixing used oils with other waste will therefore be maintained, particularly if they prevent the recovery of said oils, either by regeneration or by an equivalent process. As before, the collection will be subject to a collection voucher by the person carrying out the collection, which will be given to the holder of the oils. The voucher will indicate in particular the quantity and quality of the oils thus delivered. As of January 1, 2024, these removal vouchers will become hazardous waste tracking slips. In addition, the new EPR regime for used oils will retain the obligation for the collector-consolidator, who is the person grouping the oils for treatment, to take two representative samples before any mixing of oils. . These samples must also bear the collection voucher number. From July 1, 2022, collectors-consolidators carrying out the management of used oils (sorting at source, collection, transport or even waste recovery, etc.) will have to register with eco-organizations or individual systems of collection or processing (article L541-10 of the Environmental Code).  
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Bonds 
    of the REP

 

In the event of transfer of REP obligations to an eco-organization, the latter must, on the one hand, provide for the collection, transport, regeneration and recycling of used oils, and on the other hand contribute financially to equivalent operations. This eco-organization will have to ensure these operations throughout the territory. In the event of management of used oils by the eco-organization, it must enter into contracts to ensure collection free of charge from any holder, including for local authorities or their groups responsible for waste management. . In addition, when the eco-organization is not directly responsible for the management of used oils, it will have to bear the costs linked to collection and transport, from all collectors or collector-consolidators of used oils who provide a free collection service. In this case, this financial contribution will be governed by a standard contract whose content is specified in article R541-104 of the Environmental Code. A similar standard contract must be put in place concerning used oil recovery operations when the eco-organization does not provide them directly but contributes financially to the organizations in charge. This contract will be established with any regeneration or recycling operator who requests it. In addition, the standard contract linked to the transport of oils must provide:​that any collector hands over the used oils to a collector-consolidator himself in contact with the eco-organization;
 
 - that the collector-consolidator is required to take back the used oils from the collectors in relation to this same eco-organization;
 - that the collector-consolidator delivers the used oils thus collected to a regeneration or recycling facility in conjunction with the eco-organization.​

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It is also the eco-organization that will have to bear the costs of managing used oils when their contamination prevents their recovery, particularly when the author of said pollution has not been identified. Finally, the eco-organization must make available, free of charge, containers and individual protective equipment necessary for the collection of used oils from the collectors with whom it has entered into a contract.   As a reminder, as part of the elimination of the general tax on polluting activities (TGAP) for used oils, Decree No. 2021-984 of July 26, 2021 excluded from the scope of application the regulations applicable to chemical products. which may present a significant risk to health and the environment (articles R543-228 to R543-239 of the Environmental Code) waste from oils or preparations lubricants. The establishment of the “Waste REP oils” sector aims to compensate for the disappearance of this TGAP.

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Sources:
Decree No. 2021-1395 of October 27, 2021 relating to the management of used oils and the extended responsibility of producers of mineral or synthetic, lubricating or industrial oils, JORF of October 29, 2021