Business WEEE: who is responsible for its disposal?
Two parties share responsibility for business (professional) WEEE in France. The company holding the waste remains responsible for it until its final disposal or recovery, even when it hands it over to a third party (Article L541-2 of the French Environmental Code). The producer of the equipment must organise and fund the collection and treatment of the professional WEEE it placed on the market after 13 August 2005 (Article R543-195).
Who is the "holder" of professional WEEE?
It is the company, public body or association that has the equipment in its possession when it becomes waste: a retired fleet of PCs, replaced servers, circuit boards from maintenance work. The Environmental Code sets three rules in Article L541-2:
- Every producer or holder of waste must manage it, or have it managed.
- They remain responsible for it until its final disposal or recovery, even when the waste is transferred to a third party for treatment.
- They must make sure that the person they hand it to is authorised to take charge of it.
In other words, outsourcing waste management does not transfer responsibility. If the chosen collector is not compliant, the holder may be held accountable.
What must a producer of professional equipment do?
The "producer" is whoever places the equipment on the French market: manufacturer, importer or reseller under its own brand. It falls under extended producer responsibility (EPR), which ultimately derives from European Directive 2012/19/EU. According to the French Ministry for Ecological Transition, the professional WEEE scheme has been running in France since 22 July 2005.
Article R543-195 of the Environmental Code sets out its obligations:
- Collect and treat at its own cost professional WEEE from equipment it placed on the market after 13 August 2005.
- Do the same for older equipment when it is replaced by equivalent equipment that it supplies.
- Organise collection from a consolidation point at the user's site, above a collection threshold that it sets, and supply specific packaging free of charge where needed.
- Inform users and holders of the arrangements in place.
The producer can meet these obligations on its own, through an approved individual scheme, or by joining a producer responsibility organisation approved by the public authorities.
Equipment from before or after 2005: who pays for treatment?
The date the equipment was placed on the market changes how costs are split:
| Situation | Who organises and funds collection and treatment? |
|---|---|
| Equipment placed on the market after 13 August 2005 | The producer of the equipment |
| Equipment placed on the market before 13 August 2005, replaced by equivalent equipment | The producer of the new equipment |
| Equipment placed on the market before 13 August 2005, not replaced | The user (the holder) |
In every case, the producer's obligation covers organising and funding take-back. It does not remove the holder's obligation to hand its waste to an authorised channel and to be able to prove it.
Does handing your WEEE to a buyer discharge you?
Not entirely. You remain responsible until final treatment, which is why three precautions matter:
- Check the buyer's authorisations: a classified facility authorised to receive WEEE, treatment certifications. RECYNEW is WEEELABEX certified and R2 v3 certification is in progress.
- Keep the evidence: proof of acceptance, a detailed purchase order and, if you need them, a waste tracking form (BSD) and a data erasure certificate.
- Keep your waste register up to date with these documents.
The documents to ask for are detailed in our article on the BSD and traceability of business WEEE.
What do you risk if waste is mismanaged?
The risk is criminal. Article L541-46 of the Environmental Code punishes, among other offences, handing over or having waste handed over to anyone other than the operator of an approved facility, in breach of the applicable rules, with two years' imprisonment and a €75,000 fine. For storage media containing personal data, the GDPR security obligation (Article 32) also applies, which means data must be erased or destroyed before the equipment leaves your premises.
Do you have to go through the producer?
No. Take-back by the producer is a right, not a mandatory route. You can also hand your WEEE to an authorised treatment centre, provided you keep a record of it. The difference is financial: take-back through the producer scheme is free, while a buyback centre pays for equipment that has value.
Some reference prices on 15/11/2026, at the base public rate:
| Equipment | Buyback price on 15/11/2026 |
|---|---|
| Complete server | €0.70/kg |
| Complete computer | €0.50/kg |
| Complete laptop without battery | €1.05/kg |
| Server motherboard | €7.28/kg |
| 32 GB DDR4 server memory | €15.00/unit |
These prices rise with your profile (business, recycler) and quantity (pallet, full truck). The firm price is confirmed after inspection of the equipment received. See the complete IT equipment price list, then create your buyback request, stating the documents you need: RECYNEW replies within 48 working hours.
In short
- The holder remains responsible for its WEEE until final treatment, even when it hands it to a third party (Article L541-2).
- The producer organises and funds take-back of professional equipment placed on the market after 13 August 2005 (Article R543-195).
- For older equipment that is not replaced, the cost falls on the user.
- Check the buyer's authorisations and keep the evidence: the criminal penalty can reach two years' imprisonment and a €75,000 fine (Article L541-46).
- Equipment that has value can be sold to an authorised centre rather than taken back for free.