EU commission calls on France to ensure that its labelling requirements for waste sorting comply with the principle of free movement of goods
After several attempts/negotiations 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 aims to remove the barriers most significantly impacting the ability of European companies to benefit from the internal market and scale up. 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 (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.
If you have any questions on EPR compliance such as WEEE, batteries, packaging, textiles, ASL and furniture in France please do not hesitate to contact the Go4Recycling team.