AGEC Law 2026: Repairability Index, Durability Obligations and Unsold Stock

Quick answer. The French AGEC law (Anti-Waste for a Circular Economy, 2020) has mandated a repairability index on five product categories since 2021 (phones, laptops, TVs, washing machines, lawnmowers). Since 2025, this index has progressively given way to a broader durability index (TVs since 1 January 2025, washing machines since 8 April 2025). Simultaneously, the ban on unsold product destruction, generalised in 2023, applies to all non-food goods. Retailers and e-commerce sellers must display these scores at point of sale and online—this is a legal requirement, not optional.

The AGEC law of 10 February 2020 pursues a straightforward but ambitious goal: shifting from a linear economy (make, use, dispose) to circular (reuse, repair, recycle). Six years on, obligations are hardening. Three axes structure 2026:

1. Shift from repairability index to durability index : the simple "repairability score" broadens to include wear resistance, spare parts availability and software updateability.

2. Universal ban on unsold destruction : all non-food items (textiles, appliances, furniture, etc.) can no longer be destroyed if unsold; reuse, donation or recycling is now mandatory.

3. Environmental disclosure : for textiles and processed foods, displaying a simplified environmental footprint remains voluntary in France (at least until 1 October 2026); a progressive EU requirement is expected afterwards via the digital product passport.

For e-retailers and brick-and-mortar sellers, this convergence means: audit which product categories fall under rules → acquire or calculate index data → update product sheets online and shelf labels → document unsold product traceability (no destruction allowed). Compliance is no longer an optional "ESG" exercise—it is a legal requirement, breach of which triggers administrative fines and enforcement action.

Categories Subject to Repairability Index (2021–2026)#

The repairability index has applied since 1 January 2021 to five product categories:

Index Calculation: Each criterion is scored; the weighted sum produces a global score of 0–10. A score of 8/10 means "good" repairability; 5/10 or lower signals "poor" repairability. Calculation follows standardised ADEME product sheets; only official manufacturers or accredited bodies may certify the index.

Transition to Durability Index (2025–2026)#

From 2025 onward, certain categories shift from repairability index to a broader durability index:

• Television sets : durability index in force since 1 January 2025. The index now encompasses wear resistance, software update availability and protection against premature obsolescence.
• Washing machines : durability index in force since 8 April 2025. It includes mechanical durability and spare-parts availability.
• Other categories : extension of durability index to fridges, dishwashers, air conditioners is under EU-level study for harmonisation.

Key difference : repairability index answers "Can you fix it?"; durability index answers "How long will it perform well?". This is a paradigm shift—from the "right to repair" toward holistic eco-design.

Any retailer or e-commerce seller offering one of the five aforementioned categories must disclose the repairability or durability index:

1. Physical retail : label affixed to the product or immediately adjacent, visible to the consumer at purchase moment (Code de l'environnement Article L541-16-1).

2. Online : product sheet (cart or product detail), at the same level as price and key specs. Cannot be buried in a "technical documents" page.

3. Standardised format : the index must appear as a numerical score (e.g., "Repairability Index: 7.5/10") with a simple legend ("0 = difficult to repair, 10 = very easy to repair").

4. Seller responsibility : the retailer cannot rely on manufacturer silence. You are obliged to request the index from your supplier; its absence exposes the seller to an administrative fine of up to €3,000 for an individual and €15,000 for a legal entity (Article L541-9-4 of the Environmental Code).

Anonymised case study. An online appliance e-retailer had not updated product sheets with the repairability index by 2022. The DGCCRF (French competition, consumer protection and anti-fraud authority) inspected and found 60% of televisions and computers lacked the index. Fine: €18,000 plus a mandatory 30-day correction notice. Administrative and contractual costs of remediation exceeded €25,000. Lesson: verify index when adding or revising a product, not in response to an enforcement visit.

History and Generalisation#

France's unsold destruction ban has rolled out in phases:

• 2022 : first items covered (textiles, footwear, luxury goods).
• 31 December 2023 : extension to all non-food items (Code de l'environnement Article L541-16-1, amended by law n°2023-138 of 23 February 2023).
• 2026 onwards : enforcement intensification and harmonisation with EU directives (Single-Use Plastics Directive, Extended Producer Responsibility Directive).

What the Law Says: Definition and Exceptions#

Definition: Unsold goods are new products in good condition, except for minor cosmetic flaws, that remained unsold at the point of sale (physical or online) or warehouse after the designated promotional period.

Ban: Destroying, incinerating, burying or rendering unusable a non-food unsold item has been prohibited since 31/12/2023. Penalties: an administrative fine of up to €3,000 for an individual and €15,000 for a legal entity (Article L541-15-8 of the Environmental Code), per breach.

Rare Legal Exceptions:

• Products posing safety or health risk (swollen batteries, degraded chemicals).
• Items subject to compulsory destruction by regulation (seized goods, confirmed counterfeit items by official seal).
• Fully biodegradable, non-hazardous products (100% compostable cardboard packaging, for example).

Important note : doubt favours preservation. If a product could be reused, repaired or recycled, it cannot be destroyed. The burden of proof ("this item is too damaged") rests with the retailer.

Documentation and Reporting Obligations#

To demonstrate compliance, retailers and e-commerce operators must:

1. Document every unsold flow : inventory of unsold items after commercial window, quantity, reason for non-sale (overstocking, line discontinuation, seasonal exit).

2. Report destination : reuse (outlet sale, clearance event), donation (NGOs, schools, municipalities), repair (spare parts exchange, reconditioning) or recycling (accredited collector contract, waste disposal certificate).

3. Retain records : supplier invoices, dispatch notes to reuse/donation circuits, recycling certificates, partner NGO attestations. Recommended retention: minimum 3 years.

4. Notification to authorities : if deliberate destruction is discovered, mandatory reporting to inspection services (DGCCRF, regional tax authorities); failure to disclose escalates sanctions.

Hayot Expertise Recommendation. The safest approach is to set up a formalised unsold circuit from product launch. Pre-identify reuse partners (charity shops, thrift chains, waste facilities, accredited recyclers); document agreements; auto-generate, at promotion close, an unsold report with pre-assigned destination. This makes your compliance audits straightforward and reduces regulatory stress.

Unlike the repairability index (mandatory since 2021), environmental disclosure has remained voluntary in 2024–2025, though sector pilots have begun implementation.

Environmental Disclosure for Textiles#

2026 Status: The EU directive (Digital Product Passport, harmonised with regulation 2024/1781) mandates progressive obligatory environmental scoring of textiles from 2026–2027 onward. In France, it is already encouraged for large retailers.

Content: The textile environmental score must integrate:

• Carbon footprint (manufacturing, transport, distribution).
• Water and chemical pollutant consumption.
• Durability (wear resistance, number of washes before degradation).
• Fibre and dye recyclability.

Format: Simplified numerical score (e.g., "Environmental Impact: C on A–D scale"), displayed alongside the product sheet or shelf label.

Environmental Disclosure for Food#

2026 Status: Remains quasi-experimental. The ADEME and sector certifications (Nutri-Score, Planet-Score) propose formats, but no legal French mandate to date. However, mid-market food companies are voluntarily positioning for imminent EU harmonisation.

2026 trend : expectation of EU alignment (Environmental Product Declaration, PEP) mandating common disclosure. Upstream and downstream retailers are already conditioning suppliers.

EU SUP Directive: France's Implementation#

The Single-Use Plastics Directive 2019/904, implemented in France via Code de l'environnement Article L541-3, progressively reduces single-use plastics. Key 2026 milestones:

Impact on Retailers and E-Retailers#

For sellers (especially e-commerce and quick-service restaurants):

1. Elimination of ancillary plastics : utensils (spoons, forks, knives), straws, packaging materials.

2. Sourcing alternatives : costs rise 10–25% for cardboard, kraft paper, certified bioplastics (standard EN 13432 or equivalent).

3. Consumer communication : obligation to inform on remaining plastics and alternatives (labelling, notes on e-cart).

4. End-of-life responsibility : producers/first marketers must fund collection, sorting and processing of packaging (via accredited schemes like Citéo in France). E-retailers must affiliate; internal costs: €0.50–€2 per parcel depending on tonnage.

Physical Retailers (specialist shops, hypermarkets)#

Widest obligation : repairability index disclosure + unsold destruction ban + plastic compliance + contribution to collection funds. Most heavily regulated sector; DGCCRF inspection frequency high (1–2 audits per year for chains > 50 stores).

E-Commerce (pure players, marketplaces)#

Equivalent obligation : repairability index mandatory on product sheets, documented unsold traceability, packaging plastic reduction. Specificity: marketplaces must verify third-party seller compliance (eBay, Amazon). Rising risk: joint sanctions on marketplace + seller if breach detected.

SMEs and Craftspeople (online or local resale)#

Threshold: obligation applies from the moment you sell one of the five product categories subject to repairability index. No small-business exemption; the law contains no turnover or volume threshold. A small neighbourhood shop selling phones or laptops faces identical obligations.

Exempted Sectors#

• Food products : exempt from repairability index but subject to unsold destruction ban (applied differently: prioritised donation via legal framework).
• Medications : destruction mandatory for regulatory and safety reasons.
• Military/defence equipment : specific exemption.

1. Missing index = immediate fine. A product sheet without an index online or a blank shelf label triggers immediate DGCCRF enforcement. Audit your catalogue before June 2026 for correction.

2. Index authenticity. Do not fabricate or round an index. You must hold the official certified product sheet from the manufacturer or an accredited body (ISO 14001 minimum). Falsified index incurs doubled penalty (consumer fraud).

3. Unsold documentation discipline. "We donate to NGOs" is insufficient. Name the partner specifically, date each transfer, retain receipts and attestations. Missing documentation = legal presumption of destruction.

4. Repairability ↔ durability transition. Some products shift from one index to another in 2026. You must communicate the new version, not the old. Label and sheet updates required upon manufacturer announcement.

5. Convergence with CSRD. Index data and unsold patterns increasingly comprise your sustainability reporting baseline (Scope 3 emissions, resource efficiency). Integrate them into governance, not siloed.

6. Multichannel = compliance everywhere. A product sold online and in-store must display index in both channels. Omission in one channel = full-scope enforcement action.

At Hayot Expertise, since 2021 we have guided distributors and e-commerce operators through AGEC compliance. The recurring insight: most underestimate the hidden cost of remediation. It is not just labels; it is process redesign. Three points stand out in our audits:

First: misaligned product-data systems. An e-commerce site may have 10,000 SKUs; without a product information management (PIM) system or data tool, manual index updates become a nightmare. Deploying a PIM (€5,000–€15,000 excl. VAT for an SME) becomes unavoidable ESG investment.

Second: shared liability across the supply chain. A retailer who does not request the index from suppliers bears responsibility. But a supplier providing an unverified index is also liable. The DGCCRF sanctions "at source": manufacturer first, then seller. Verifying index authenticity is time-consuming but mandatory.

Third: documented unsold flows demand new operational discipline. Many e-retailers improvise returns and surplus handling; formalising the unsold circuit (inventory → partner → attestation) requires a dedicated owner and rigorous follow-up.

Recently, a specialty appliance distributor (450 employees, 80 stores, €20M turnover) discovered it was "non-compliant" on index scores during a 2023 DGCCRF audit. Result: €12,000 fine, 30-day fix notice, €40,000 in PIM investment plus staff training (process redesign, supplier audits). Remediation took 4 months. Had they acted 18 months earlier in-house, the cost would have been one-third.

Hayot Expertise Recommendation. Initiate a comprehensive AGEC audit today: audit your catalogue (% of products under mandatory index), verify data authenticity (formal supplier requests), formalise the unsold circuit (partner ID, contracts, documentation), and consider PIM investment if volume is high. Scale is irrelevant: a small shop faces the same risk, and relative remediation cost is often higher. At Hayot Expertise, we guide AGEC compliance audits, process structuring and integration of durability data into your financial and ESG governance.