Since January 1st, 2022, the Circular Economy law 1 has imposed that products intended for households and covered by an Extended Producer Responsibility (EPR) scheme in France must be marked with the Triman logo and an information on how to sort or bring in waste from the product (art. L. 541-9-3 C. env.). Such information is known as ‘Info-Tri’.
The Info-Tri is established by the eco-organizations in charge of the relevant EPR scheme depending on the product category. It is applied in a differentiated manner to each component of the product or the waste coming from the product if they are subject to different sorting methods.
A transitional regime has been provided for: the Triman logo must in practice be affixed to product packaging within 12 months of the date of approval of the accompanying Info-Tri. An additional 6 months is allowed for stock clearance.
Each EPR scheme has its own timeline, notably as follows:
- For household packaging, a transition period has initially been granted until March 9, 2023 (and then postponed until June 15th, 2023 to be aligned with EEE (electrical and electronic equipment) products) for products manufactured before September 9, 2022. Therefore, manufacturers, importers or distributors can sell the old packaging stock but products manufactured after September 9, 2022 must be marked with the Triman + Info-Tri on the packaging.
- For EEE products, a transition period has been granted until June 15th, 2023 for products manufactured before December 15th, 2022.
Having these rules in mind for producers/distributors wishing to sell their products in France is crucial, notably since France has a very specific and quite complex regime on these aspects.
Failure to comply with these new information obligations is sanctioned by an administrative fine of up to EUR 3,000 for individuals and EUR 15,000 for legal entities (art. L. 541-9-4 C. env.).
Both the Triman logo and the Info-Tri may be replaced by another common signage regulated at EU level or by another EU Member State, in accordance with the principle of mutual recognition, provided that:
- The marking replacing the Triman logo is mandatory and informs the consumer that the product is subject to sorting rules. For electrical and electronic equipment (EEE) and batteries and accumulators, the Triman logo may be replaced by the crossed-out wheel bin signage;
- The marking replacing the Info-Tri is mandatory and has the same characteristics as the Info-Tri (i.e. it provides similar information).
