Developments labelling obligations environmental characteristics France: update February 2023
Update 17 January 2024 - Update on AGEC Law: New Guidance Document Available
We wanted to inform you about the recent update (January 2024) to our AGEC Law guidance document (Decree no. 2022-748) for labelling obligations and environmental characteristics in France.
In this latest version, we've expanded the information we already published and added details on packaging requirements. The document covers essential aspects of the legislation:
• Defines which businesses are within the scope of the legislation.
• Provides a detailed breakdown of the AGEC Law to help you understand its content better.
• Outlines specific compliance points for relevant companies.
You can access the updated guidance document by clicking here
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A new FAQ document has been published by the French government
Regarding the mentioning of recyclability on the product sheet
A tolerance period in the controls will be applied, until 1 July 2023, for the transmission by the EPR eco-organisations of the calculation methods for recyclability. Manufacturers will have a maximum of 3 months from the date of transmission of the calculation methodology to implement this information in their "product sheets".
Note: Modint is checking with French organisations on how this applies to textile products.
Prohibited terms
The new version of the official guide on environmental claims, currently being drawn up by a working group of the Conseil National de la Consommation and to be published by the DGCCRF, may provide elements concerning the terms considered equivalent to "environmentally friendly" and "biodegradable".
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Update November 2022
France Environmental Code: Obligations environmental characteristics
Below the requirements as they have been laid out by the French law:
Environmental characteristics requirements will come into force progressively by 2023 and 2025, according to below schedule.
Products concerned: Furniture items as well as upholstered seat or bedding products, textile decorative items, new clothing textile products, shoes or household linen intended for private individual, new textile products for the home, excluding those which are furnishing elements or intended to protect or decorate items of furniture;
- From 1 January 2023, for producers, importers and any other marketers who report an annual turnover of at least 50 million euros for the products they have placed on the national market, and who place at least 25,000 units of these products on the national market annually. However, the obligations are not applicable to products for which the last unit will have been placed on the market between January 1 and March 31, 2023.
- From 1 January 2024, for producers, importers and any other marketers who report an annual turnover of at least 20 million euros of products that they have placed on the national market, and who are responsible annually for placing at least 10,000 units of these products on the national market.
- From January 1, 2025, for producers, importers and any other marketer who report a turnover greater than 10 million euros of products, that they have placed on the national market, and who are responsible annually for placing at least 10,000 units of these products on the national market.
Products or packaging manufactured or imported before 30th April 2022 are allowed to sell off stocks until 1st January 2023
Note: National market: French market
Where to include this information?
- In a dematerialised (digital) format but visible or accessible and free of charge at the time of purchase.
- In a format that can be easily reused and exploited by an automated processing system (extraction) and in an aggregated form (excluding pdf).
- On a dedicated website or webpage with a sheet entitled "Product sheet on environmental qualities and characteristics".
- Unique product sheet for each product model.
- Complete with the name and reference of the concerned model.
Extra information:
The information does not have to be visible in the physical shop or online but must be easily accessible on the producer's website at the time the consumer makes the purchase.
The "product sheet" must include all the mandatory information requested . Additional information or logos may also appear on or near the product, or in a separate section of the product sheet, provided they are not contradictory and do not lead to confusion with the mandatory information.
If the mandatory information entered for the product model concerned is no longer valid, the producer or importer must update it. In this case, the producer or the importer indicates on the product sheet the date of its update.
Environmental qualities and characteristics of products
- The amount of recycled material incorporated
- Recyclability, information on the use of renewable resources, on durability, compatibility, reparability, and possibilities for the product of being reused
- The presence of hazardous substances, precious metals, or rare earths
- Geographical traceability of the 3 major manufacturing steps (weaving, dyeing, assembly/finishing)
- The presence of plastic microfibers when the proportion by mass of synthetic fibres is greater than 50%
- It is prohibited to include the words "biodegradable", "environmentally friendly" or any other equivalent environmental claim on a new product or packaging intended for consumers.
Implementation for textile products
1. The amount of recycled material incorporated
- "Produit comportant au moins [%] de matières recyclées
- "Product containing at least [%] recycled content"
If there is no recycled material incorporated: Negative mentions are not required. In this case, the producer or importer must not include anything in the product sheet.
2. Recyclability, information on the use of renewable resources, on durability, compatibility, reparability, and possibilities for the product of being reused
- "Produits majoritairement recyclable" OU,
- "Produit entièrement recyclable«
- "Predominantly recyclable products" OR, "Fully recyclable product"
If the product is not recyclable: Negative mentions are not required. In this case, the producer or importer must not include anything in the product sheet.
Note: The obligation on the use of renewable resources, on durability, compatibility, reparability, and possibilities for the product of being reused are not applicable to textile products.
3. The presence of hazardous substances, precious metals, or rare earths
The presence of hazardous substances > 0,1% m / m
- "Contient une substance dangereuse" + nom de chacune des substances présentes OU
- "Contient une substance extrêmement préoccupante" (si SVHC au sens de REACH) + nom des chacune des substances présentes.
“Contains a hazardous substance" + name of each of the substances present OR "Contains a substance of very high concern" (if SVHC within the meaning of REACH) + name of each of the substances present.
Note: The obligation on precious metals, or rare earths are not applicable to textile products.
4. Geographical traceability of the 3 major manufacturing steps (weaving, dyeing, assembly/finishing), Stating of the country where each step was carried out
- Weaving, knitting or construction of the material
- Dyeing and printing
- Making
Note: In the absence of an area where the stage was mainly carried out, "the country to be indicated is the one where most of them are carried out".
5. Presence of plastic microfiber
- Textile products for clothing, footwear and household linen containing > 50% synthetic fiber: "Rejette des microfibres plastiques dans l'environnement lors du lavage". "Releases plastic microfibers into the environment during washing".
6. It is prohibited to include the words "biodegradable", "environmentally friendly" or any other equivalent environmental claim on a new product or packaging intended for consumers
- Since the 1st May 2022, it is forbidden to use "biodegradable", "environmentally friendly" terms or any other equivalent environmental claims on a new product or packaging intended for the consumer
Note: A Non exhaustive list of "equivalent claims" will be published in the environmental claims guide (expected end of 2022)
Sanctions Environmental Code
Administrative fines:
- €3,000 for a natural person.
- €15,000 for a legal person.
Other sanctions
As for any other commercial practice, the penalty regime relating to misleading commercial practices, provided for in Article L. 132-2 of the Consumer Code, is applicable. Article 11 of Law No. 2021-1104 of August 22, 2021 on the fight against climate change and strengthening resilience to its effects has reinforced the penalties applicable when misleading commercial practices are based on allegations in environmental matters. Indeed, the amount of the fine may be increased, in proportion to the benefits derived from the offence, to 10% of the average annual turnover, calculated on the last three annual turnovers known at the date of the events, or 80% of the expenses incurred for carrying out the practice constituting this offence.
