Since 2015, France has already had a legal obligation to label packaging and recyclable products with the Triman logo. Accordingly, the Triman logo means that a product is recyclable, collected separately and subject to extended producer responsibility.
At the beginning of 2020, a new law on the circular economy was passed in France – Loi n° 2020-105 du 10 février 2020 relative à la lutte contre le gaspillage et à l'économie circulaire. An implementing regulation adopted on June 29, 2021 – Décret n° 2021-835 du 29 juin 2021 relatif à l'information des consommateurs sur la règle de tri des déchets issus des produits soumis au principe de responsabilité élargie du producteur provides for changes regarding the labeling of household packaging.
As of Jan. 1, 2022, new regulations will apply to the marketing of packaging in France. The French "Triman" logo as well as the new sorting instructions must be mandatorily printed on the respective packaging (previously, this was also only possible on the website).
In addition, labeling with the Triman logo was only mandatory for products such as furniture, textiles and shoes. For electrical equipment according to WEEE, the labeling obligation with the Triman logo was omitted, since the "crossed-out trash can" was obligatory here as a substitute. This was originally to change from 01.01.2022. From this date, the implementing regulation provided for double labeling: the Triman logo and the "crossed-out wheeled garbage can" already familiar from electrical appliances would then be displayed on electrical appliances or their packaging and batteries. For this reason, among others, the French decree, which contains specific requirements for the application of the labeling obligation, was subjected to sharp criticism in the course of a notification procedure (2020/410/F) pending before the European Commission. The additional labeling represents a massive impediment to the free movement of goods. This has since been taken into account in the French regulation by allowing the Triman logo to be replaced by the symbol of the crossed-out trash can for electrical and electronic equipment.
Nevertheless, the labeling with the Triman logo represents a solo effort by France. This is insofar possible, because the WEEE is a primarily waste legal act on the environmental competence according to Art. 191ff. TFEU (Treaty on the Functioning of the European Union) and not (like e.g. the RoHS or EMC Directive) an EU harmonization act. These are based on Art. 114 TFEU and must in principle be implemented uniformly in the Member States on a 1:1 basis in terms of content in order to approximate the internal market. Accordingly, this distinction is relevant here because, for example, deviating (stricter) national measures for the protection of the environment are in principle possible via Art. 191 (2) TFEU and may be easier to justify.
If you have any questions regarding the necessary labeling in the target market France, please do not hesitate to contact us.
