Recital 14 of Directive 2018/851.
Recital 28 of Directive 2008/98.
In March 2020 the European Commission adopted a new plan of action for a circular economy, which is one of the main elements of the
There are 20 or so such extended producer responsibility schemes in France today, which have been gradually established by law in various sectors such as packaging, batteries, automobiles, medicine and furniture.
either they may join and pay financial contributions to an or they may set up, in compliance with other terms of reference, an
Order relating to the authorisation procedure and laying down terms of reference for bodies wishing to contribute to the treatment of waste from clothing textile products, household linen and footwear, pursuant to Article R. 543-214 of the Environmental Code, and authorising such a body, pursuant to Articles L. 541-10-3 and R. 543-214 to R. 543-224 of the Environmental Code (JORF No 0111 of
JORF of
See point 11 of this Opinion.
See point 15 of this Opinion.
See point 21 of this Opinion.
In that connection, the Commission points out that the Conseil d’État (Council of State) has stated in its case-law that the contributions to an eco-body made by undertakings placing products on the market are direct consideration for a service provided, cannot therefore be regarded as a payment that may be equated to a tax or charge introduced by a public authority and hence do not constitute a State resource (see Conseil d’État (Council of State), of
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In those cases, the Court held that the private undertakings required to purchase electricity produced from renewable energy sources at fixed minimum prices had not been appointed by the Member State concerned to manage a State resource, but were bound by an obligation to purchase by means of their own financial resources. In that regard, see judgments of
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In that regard, see also point 30 of the Opinion of Advocate General Wahl in
In that regard, I would point out that, in his submissions in the case pending before the Conseil d’État (Council of State) (Case No 416103), the rapporteur public, Mr Louis Dutheillet de Lamothe, considered that the option for undertakings placing products on the market to set up their own recycling system was
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The existence of such a course was considered by the rapporteur public, Mr Louis Dutheillet de Lamothe, in his submissions cited in footnote 40 of this Opinion, in his assessment of Eco TLC’s interest in bringing proceedings before the Conseil d’État (Council of State).
I must clarify that I refer to that course only by way of example, since it is pure speculation based on the incomplete information available to me. It is for the referring court to ascertain whether or not such an option actually exists.
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The scheme under consideration in the present case is also different from that examined in
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The rapporteur public, Mr Louis Dutheillet de Lamothe, expressed the same view in his submissions cited in footnote 40 of this Opinion.
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And are not set by the separate entity itself, as in
Clearly, that consideration is influenced by any finding that the contributions are de facto compulsory, as stated in point 79 above. If the contributions are de facto compulsory, the view could be taken that the initiative of paying them does not result from a free choice by undertakings.
In that regard, see judgments of
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See Article L. 543-215 of the Environmental Code.
See Chapter III, Section C.4., of the terms of reference.
Chapter VI, Section D, of the terms of reference.
Chapter VI, Section B, of the terms of reference. See points 20, 128 and 129 of this Opinion.
For example, in the scheme at issue in
See the submissions of the rapporteur public, Mr Louis Dutheillet de Lamothe, cited in footnote 40 above.
See Article 8a(5) of Directive 2008/98. In that respect, it should also be pointed out, however, that, since that provision was inserted by Directive 2018/851, it is not as such applicable
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See footnote 12 of this Opinion and the case-law of the Conseil d’État (Council of State) cited.
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To the same effect, see the submissions of the rapporteur public, Mr Louis Dutheillet de Lamothe, cited in footnote 40 of this Opinion.
Chapter VI, Section C.
See points 20 and 21 of this Opinion.
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See recital 31 and Article 4 of Directive 2008/98.
The scheme also seeks to optimise waste management from an environmental, economic and social perspective. In that regard, see the preamble to the 2014 Order.
The Court used a similar analytical method, albeit in respect of a national measure conferring a tax advantage, in the judgment of
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See Chapter VI, Section B.
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