France : a new decree relating to consumer information on the qualities and environmental characteristics of waste generating products #392

2022/09/05

The decree of April 29, 2022, relating to consumer information on the qualities and environmental characteristics of waste generating products was published in the JORF of April 30, 2022. 

This decree, which implements Article 13 of the AGEC law (effective January 1, 2022), defines the terms and conditions for the application of Article L. 541-9-1 of the Environmental Code, which requires producers and importers to provide consumers with information on the environmental qualities and characteristics of waste-generating products.

Producers and importers who declare an annual turnover of more than 10 million euros for the products referred to in article R. 541-221 that they place on the national market and who are responsible for placing more than 10,000 units of these products on the market each year, are subject to the information obligation. This information is provided by making data available electronically and, where appropriate, in accordance with procedures defined by order, by display, labeling or any other legible and understandable device, at the time of purchase. These environmental qualities and characteristics are in particular, according to the categories of products concerned, the incorporation of recycled material, the use of renewable resources, the compostability, the durability, the reparability, the possibilities of reuse, the recyclability, the presence of dangerous substances, precious metals or rare earths, the traceability and the presence of plastic microfibers. The format in which data on these environmental qualities and characteristics is made available to consumers must be easily reusable and usable by an automated processing system in an aggregated form.

Concerning the entry into force of the provisions of the decree:

Sections R. 541-220 through R. 541-222 shall take effect beginning January 1, 2023, in a phased-in manner, by company increments.
Article R. 541-223 comes into force the day after the publication of the decree. The products or packaging to which it applies benefit from an inventory disposal period until January 1, 2023, provided that they were manufactured or imported before the date of publication of this decree.

Read the article (in French) on Medef