Did you know? In France, in addition to the Triman and Info-tri labelling obligations, a new information obligation has been introduced for packaging and products intended for households and subject to an Extended Producer Responsibility (EPR) scheme.
The decree in question, no. 2022-748 of 29 April 2022, concerns consumer information on the environmental qualities and characteristics of waste-generating products.
Its aim is to provide consumers with clear, precise and reliable information on the environmental qualities and characteristics of waste-generating products, and to harmonise all environmental claims while regulating their content and the way in which they are presented.
Which products are concerned?
The information obligation applies to products intended for households and subject to extended producer responsibility (EPR) in France. Reconditioned and second-hand products are excluded from this information obligation.
Unlike Germany and other European countries, The French legislation covers a wide array of product families subject to an Extended Producer Responsibility (EPR) scheme, such as household packaging, electrical and electronic equipment, batteries and accumulators, printed products, chemicals, including paints, varnishes, coatings and mineral fertilisers, furniture and furnishings, clothing, footwear, household linen, toys, sports and leisure goods, DIY and gardening items, and building materials and products.
How should the information be communicated?
From 2023, information on the percentage of recycled materials, recyclability, the presence of hazardous substances, precious metals, or rare earths, compostability or reusability of the product will have to be provided to the consumer when the product is purchased, in dematerialised form and at no additional cost to the consumer, depending on the EPR category and the product model.
For textiles, two additional pieces of information are compulsory: geographical traceability of the three main manufacturing stages (weaving, dyeing, assembly/finishing) and a warning for mainly synthetic textiles that release plastic microfibres during washing.
In addition, information on the premiums (reductions in the eco-tax) or surcharges applied to each product due to its ecological or environmentally harmful nature must be indicated.
To this end, a “Fiche produit relative aux qualités et caractéristiques environnementales” (which translates to “Product sheet on environmental qualities and characteristics”) should be drawn up and made available on a specific page or website that is easily accessible, for example using a search engine.
Who is affected by the information obligation?
The obligation to provide this type of information concerns manufacturers, importers and marketers of products exceeding the turnover and sales thresholds set by law, and will be implemented gradually from 2023 to 2025, starting with companies with significant sales from 2023 and ending with small and medium-sized enterprises from 2025.
The turnover and sales thresholds apply cumulatively to all products covered by an EPR scheme in France, as follows:
- From 1 January 2023: €50 million in cumulative annual sales for all the products concerned during the last financial year and 25,000 cumulative units of all the products concerned placed on the French market annually.
- From 1st January 2024: €20 million in cumulative annual sales for all the products concerned during the last financial year and 10,000 cumulative units of all the products concerned placed on the French market annually.
- From 1 January 2025: €10 million in cumulative annual sales for all the products concerned during the last financial year and 10,000 cumulative units of all the products concerned placed on the French market annually.
Expertise provided by the Environmental Reporting and Compliance Department of the Franco-German Chamber of Trade and Industry (CFACI)
The Environmental Reporting & Compliance Department of the Franco-German Chamber of Trade and Industry has extensive expertise in the field of Extended Producer Responsibility (EPR). The range of services offered by the Environmental Reporting & Compliance Department extends from the analysis and selection of appropriate eco-organisations specific to each country, to contract management and environmental reporting.
The Environmental Reporting & Compliance Department’s service focuses on working closely together to offer an excellent service, tailored to the specific challenges of each company, while providing relevant recommendations. The consultants in of the Environmental Reporting & Compliance Department are happy to answer your questions on Decree no. 2022-748 of 29 April 2022 via individual online appointments and can help you to draw up your product sheets.