France

The law n°2020-105 on the fight against waste and the circular economy (so-called “AGEC law”) adopted on 10 February 2020, extended the scope of the EPR definition of producer and introduced new obligations.

Mainly, producers have to:

• provide or contribute to the prevention and management of the waste that comes from it;
• adopt an eco-design approach for products;
• promote the extension of the life of products;
• support networks for reuse, recycling, and repair;
• contribute to development aid projects for the collection and treatment of their waste;
• develop the recycling of waste from products.

Specific provisions for the textile sector are laid down in Articles R. 541-214 and seq. of the French environment code.

Upcoming legislation and guidelines:

• Environmental footprint display decree is awaited to fix the list of categories of goods and services concerned by this obligation but also the methodology to be used and the display methods adopted. Textile clothing products should be the first concerned.
• A new version of the guide to environmental claims is awaited, currently being drawn up by the Conseil National de la Consommation (National Consumer Council). In particular it will provide information concerning the terms considered equivalent to "environmentally friendly".

Timeline of entry into force of the other obligations:

Since 1^st January 2022:

• obligation to display the Triman logo and the “info-tri” information

  With different grace periods depending on the product categories. For textile products, producers have:

  o until the 1st of February 2023 to implement this obligation, and

  o until the 1st of August 2023 to dispose of the stocks of packaging manufactured or imported before the 1st of February 2023
  
  

• prohibition to use mineral oil-based inks on packaging
  
  Since 1^st of May 2022:
  
• prohibition to use green claims on products and packaging;

   

  Since 1^st January 2023:
  
  

• obligation to provide environmental information (when the producer declares an annual turnover of more than 50 million euros for the products concerned, and at least 25,000 units have been placed on the French market the previous year),

   

• obligation to place annually on the market a proportion of reused packaging.;

   

• prohibition to use mineral oil-based inks on unsolicited advertising leaflets and catalogues for commercial promotion

  As from 1^st January 2025
  
  

• prohibition to use mineral oil-based inks on printing intended for the public.

The objective of the EPR principle is not only to treat the waste generated, but also to prevent it. Article L. 541-10 and seq. of the environment code requires EPR channels to intervene throughout the life cycle of products, in particular by promoting eco-design and extending the life of these products, as well as supporting repair and reuse. Several general rules apply:

• Obligation to set up an individual system to comply with EPR obligations or to join an approved eco-organism to which its obligations are transferred in exchange of a financial contribution.

  Re_fashion is the approved eco-organism responsible for the textile sector.

  The new specifications (“cahier des charges”) setting the objectives and methods of implementation of the obligations for the EPR textile sector has recently been issued and set out a new roadmap for the period 2023-2028.

   

• Obligation to inform consumers on the environmental characteristics and qualities of products and packaging :

  Information required for “New textile clothing products, footwear or household linen” products:

  - the incorporation of recycled material (except for leather articles),

  - the recyclability,

  - the traceability,

  - the presence of hazardous substances, and

  - the presence of plastic microfibres.

   

• Prohibition to use green claims such as "biodegradable" and "environmentally friendly" or any other equivalent term on the packaging of products.

   

• Obligation to affix a harmonised sorting sign (the ‘Triman’ logo) and sorting instructions (“info-tri”) on all products or packaging covered by the EPR principle.

   

• Obligation to annually place on the market a minimum proportion of reused packaging

   

• Prohibition to use certain mineral oil-based inks for packaging, advertising leaflets, catalogues for commercial promotion and all printing intended for the public.

   

• Mandatory display of the environmental footprint information to provide consumers with information on the environmental impacts and /or the respect of social criteria of a good, a service or a category of goods or services placed on the French market

The sanctions provided in case of non-compliance with the EPR obligations or prohibitions are generally fines and imprisonment which vary depending on the measures.

For instance, non-compliance with the labelling obligation (Triman logo and the “info-tri”) is subject to an administrative fine of up to €3,000 for an individual and €15,000 for a legal entity whereas a breach of the prohibition to use mineral oil-based inks might be sanctioned by an administrative fine of €450 for an individual and €2 250 for a legal entity.

Note that the use of green claims could also be sanctioned as misleading commercial practices and could also give ground to claims from consumers or competitors.

The DGCCRF (General Department of Competition, Consumer Affairs and Fraud Control) is the French administrative authority in charge of competition and consumption. It is the competent authority for the environmental information obligation, and green claims (Article L. 511-7 of the Consumer code).

The ARPP (Advertising Professional Regulatory Authority) might be also competent when it comes to green claims. Please note that its ethical jury can only issue opinions and deal with cease-and-desist requests (no monetary penalties).

Criminal courts may also order injunctions and fines

Civil courts and Commercial courts may order injunctions, removal from the market and damages compensation.