The European Commission has initiated infringement proceedings against both the French Triman logo and the Spanish national implementation of the Packaging Directive 94/62/EC. Both legal acts require mandatory labeling of certain packaging.
The Packaging Directive 94/62/EC and the Packaging Regulation (EU) 2025/40 set targets for the member states, which are to be achieved through the separate collection of waste, among other things. Without specifying mandatory labeling and a corresponding methodology. Some member states, such as France and Spain, have therefore introduced a form of implementation through mandatory sorting labels (particularly for household packaging).
In principle, it is permissible to introduce national provisions. However, these must be notified to and approved by the EU Commission, together with the reasons for them (see Treaty on European Union and the Treaty on the Functioning of the European Union, Article 114 "Approximation of Legislation").
The Commission is of the opinion that both France and Spain have failed to obtain approval and sees the national legislation as an obstacle to the functioning of the internal market, among other points of criticism.
How does an infringement procedure work?
- Request for comments/remedy
- if not sufficient/ not remedied: - Requests to submit a sufficient statement of reasons
- if not resolvable: - Clarification via the European Court of Justice (ECJ)
Status France Décret n° 2021-835 (Triman)
1st call for comments/remedy: February 15, 2023 (inf_23_525 "Commission calls on FRANCE to ensure that its labeling requirements concerning waste sorting instructions comply with the principle of free movement of goods")
- Concerns of the EU:
- Harmonization:
There are currently no harmonized EU regulations 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
- Harmonization:
2. requests to provide sufficient justification:
November 14, 2024: EU Commission publishes official opinion incl. request to France to provide sufficient justification for Triman (deadline 2 months) inf_24_5223 "Commission calls on FRANCE to ensure that its labeling requirements for waste sorting comply with the principle of free movement of goods")
Current: Waiting for the Commission to decide whether it will refer the case to the ECJ.
Status Spain Royal Decree 1055/2022
1st request for comments/remedy:
- December 16, 2024 (inf_24_6006 "Commission calls on SPAIN to ensure that its labeling requirements for waste sorting comply with the principle of free movement of goods")
- Concerns of the EU:
- Harmonization:
There are currently no harmonized EU regulations on waste sorting instructions for consumers - Principle of free movement of goods:
National legislation must not unnecessarily burden trade in the internal market - Future implementing acts for the new Packaging Ordinance will regulate the labeling of packaging; a different national regulation represents unnecessary obstacles
- Deadline: 2 months to remedy the shortcomings (from February 16, 2025)
- Harmonization:
Current: If the Commission does not receive a satisfactory response, it may decide to request a reasoned opinion (step 2).
Would you like to read more about the Triman logo? Then you can find more articles here:
→ France: 2nd step in infringement proceedings concerning the Triman packaging logo from November 14, 2024
→ France: Triman recycling logo as a solo effort from November 24, 2021
Author's note
This article has been machine translated into English.
TERMS AND ABBREVIATIONS
ECJ: European Court of Justice
