MedTech Europe update on the French Packaging labelling requirements under the implementation of the Packaging Labelling Directive. It’s hoped that a harmonised approach can be taken under the replacement Packaging and Packaging Waste Regulation. In addition DEFRA have postponed UK packaging labelling requirements pending the publication of EU implementing legislation to address packaging labelling under the new PPWR.
In its monthly infringement report published today, the European Commission announced that it has issued a reasoned opinion to France regarding the Triman logo decree. It calls on France to ensure that its labelling requirements for waste sorting comply with the principle of free movement of goods.
- Today, the European Commission has decided to send a reasoned opinion to France (INFR(2022)4028) for failure to address the incompatibility of its labelling requirements concerning waste sorting instructions with Articles 34-36 of the Treaty on the Functioning of the European Union (TFEU).
- To be sold in France, household products belonging to an extended producer responsibility (EPR) scheme must be labelled with the ‘Triman logo’, signage informing that the product is the object of sorting rules, and the ‘infotri’, information specifying the methods for sorting. Currently, the provision of waste sorting instructions to consumers is not governed by harmonised EU rules. However, this will be soon regulated under the future implementing acts to be adopted under the new Packaging and Packaging Waste Regulation. The Commission deems that, until then, national laws adopted in this field shall not create unnecessary barriers for internal market trade. National labelling requirements are also repeatedly indicated by industry as a major internal market barrier and seriously undermines the free movement of goods.
- The Commission considers that the French authorities have not provided sufficient evidence concerning the proportionality of their policy as other less restrictive options are available. According to the Commission, France is also in breach of the notification obligations under the Single Market Transparency Directive (EU) 2015/1535 since the concerned law was not notified to the Commission prior to adoption.
- Therefore, the Commission has decided to issue a reasoned opinion to France, which now has two months to respond and take the necessary measures. Otherwise, the Commission may decide to refer the case to the Court of Justice of the European Union.
