The Triman logo was introduced into French law with Décree n° 2021-835, which has triggered labeling obligations for household packaging since January 01, 2022.
The EU Commission initiated infringement proceedings on February 15, 2023:
"[The EU] Commission requests France to bring its labeling requirements in relation to waste sorting in line with the principle of free movement of goods"
The reasons given for the infringement proceedings were:
- Harmonization:
Currently, there are no harmonized EU rules on waste sorting instructions for consumers. - Principle of free movement of goods:
National legislation must not unnecessarily burden trade in the internal market. - Counterproductive environmental impact:
Increased material requirements for additional labeling and additional waste.
This request of February 15, 2023 represents the first step of the infringement procedure:
- Request to the Member State that has allegedly violated a regulation to submit written comments.
- Publication of an official statement by the EU Commission, including a request for sufficient justification, if the Member State's statement from step 1 is deemed insufficient and an actual violation of EU law.
- Clarification via the European Court of Justice (ECJ) if the rectification of the infringement is not initiated or completed within the deadline set in step 2.
On November 14, 2024, the EU Commission published the official opinion requesting France to provide sufficient justification for the labeling with the Triman logo (deadline: 2 months). The infringement proceedings are therefore in the 2nd stage. France has two months to provide information on the measures it has taken against the infringement.
Possible future developments:
- If the measures submitted are deemed insufficient by the EU Commission, the case will be referred to the European Court of Justice.
- As soon as the new EU packaging regulation is finally published, it could replace the Triman logo through a harmonized regulation of the labelling requirements.
Author
Linda Kritzler (B. A.)
Material & Environmental Compliance Consultant
DEFINITIONS AND ABBREVIATIONS
The French Triman logo identifies products that are recyclable, require separate collection, and are subject to extended producer responsibility. Since 2021, this also applies to electrical appliances. Since then, it has also been mandatory to display the Triman logo either on the product itself or on its packaging.
