Plastics and packaging laws in France

Waste prevention and management is regulated by French Environmental Code (FEC), as modified by the Law on the Circular economy (Law No. 2020-105 of 10 February 2020 – ‘Circular Economy Law’) and its decrees, which introduced new obligations on plastic waste that impact production and consumption habits.

The aim of the Circular Economy Law has been to promote a “circular” economic model based on the eco-design of products, responsible consumption, the extension of shelf-life and the reuse of products and the recycling of waste.

This has resulted in a significant number of new constraints for companies, inevitably accompanied by various sanctions (mainly administrative fines):

1. new obligations to inform consumers about the environmental characteristics of products, their recyclability as well as their repairability;
2. measures against the waste of food and non-food products (see 9 below);
3. reinforcement and extension of the extended producer responsibility (EPR);
4. reinforcement of waste management obligations and sanctions against illegal dumping of waste;
5. objective of ending all single-use plastic packaging on the French market by 2040.

The measures of the Circular Economy law have also been completed by the Law on Climate Change & Resilience (Law No. 2021-1104 of 22 August 2021). There is also a draft bill in discussion on Combating Plastic Pollution (still under consideration by the National Assembly) – see. Section 7.

For several years, the French legislator has combated plastic notably by targeted bans on several plastic products, such as giving out free single-use plastic checkout bags for packing goods at the point of sale (from 1 January 2016) or selling disposable plastic cups and plates (from 1 January 2020).

To achieve this, the Circular Economy Law introduced new measures strengthening the existing ones:

1. progressive ban on additional single-use plastic products: straws, disposable glass lids,  plastic cutlery, or expanded polystyrene containers or recipients intended for on-site or on-the-go consumption, such as kebab boxes (from 1 January 2021); non-biodegradable plastic tea or herbal tea bags (from 1 January 2022);
2. ban on the import and manufacture of single-use plastic bags intended for sale or for giving-out for free;
3. limits on the use of plastic (see 7 below).

Moreover, since 1 January 2023, restaurants with a capacity of 20 seats must serve meals and beverages consumed on site in reusable cups, plates and containers and with reusable cutlery.

New provisions are also expected from 1 January 2025, such as the ban on the use of plastic containers used to cook, heat, and serve food in certain health facilities. 

France has for long applied Extended Producer Responsibility (EPR), on the basis of a “pay-or-play principle”: producers, importers and distributors in the sectors covered by an EPR scheme are required to either provide or financially contribute to the management of the waste generated by their products by paying an eco-contribution to an eco-organisation.
Until now, it mainly applied to the collection of waste from household packaging, used batteries and accumulators, paper and electrical and electronic equipment (EEE). 

Reinforcement of EPR 

Governing principles of EPR under French law:

• The manufacture, holding, sale or provision of waste-generating products may be regulated or even prohibited in order to facilitate the management of the waste generated;
• In order to achieve recycling targets, the placing on the market of certain categories of products and materials may be subject to compliance with a minimum rate of incorporation of recycled material;
• Producers, importers or exporters must prove that the waste generated by their products is capable of being managed under certain conditions. By 1 January 2030 at the latest, those who place on the market greater than 10,000 product units per year and declaring a turnover greater than EUR 10m will have to prove that their waste is likely to enter a recycling scheme.

The notion of producer covers "any natural or legal person who develops, manufactures, handles, processes, sells or imports waste-generating products or the elements and materials used to manufacture them". Producers must register with a unique identifier from 1 January 2022.

From 1 January 2022, the eco-contribution is adjusted via a system of bonuses and penalties based on environmental performance criteria, including the incorporation of recycled material, durability, repairability, possibilities for reuse or further use or the absence of ecotoxicity.

New EPR schemes 

As of 1 January 2022, the EPR principle is gradually extended to new categories of products to form “new EPR schemes” (e.g. textile products, toys, sports and leisure items, DIY and gardening items, cars, chewing gums, etc.).

The EPR principle will also be extended to new waste streams in the coming years, including to:

• non-biodegradable synthetic chewing gums (from 1 January 2024);
• professional packaging (non-household packaging) and fishing items containing plastic (from 1 January 2025).

Please also note that a recent legislative proposal passed by the Senate on 13 April 2023 plans to merge the paper and household packaging waste streams. The dispositions should retroactively apply from 1 January 2023.

Producers concerned by EPR schemes are now required to develop and implement, possibly via the eco-organisation, a five-year prevention and eco-design plan.

Implementing an EPR scheme requires in particular:

1. waste management obligations;
2. modulation of the eco-contributions based on environmental performance criteria of products;
3. conditions under which individual systems are set up by producers;
4. funds for the financing of the repair, further use and re-use of products;
5. conditions for the return of used products by distributors.

To date, there is no real deposit return scheme for packaging and plastics.

Some old texts regulate the deposit of certain packaging (e.g. liquid food packaging), but without imposing or implementing a DRS. They are seldom used.

In the context of the adoption of the Circular Economy Law, the creation of a DRS was discussed for recycling plastic bottles. On 30 January 2023, the French government has launched a six-month-debate on the introduction of a deposit and return system for plastic bottles. A decision from the Ministry should then be taken in June / July 2023 on the deployment or not of such DRS for plastic bottles.

To date, there is no tax on packaging or plastics.

However, since 1 January 2022, the eco-contribution due by the producers to their eco-organisation in the context of an EPR scheme (see 3 above) is adjusted by a system of bonuses and penalties, based on environmental performance criteria, including the incorporation of recycled material.

See also section 9 on the Green Dot.

Products containing microbeads (rinsed cosmetic products for exfoliation or cleansing purposes comprising solid plastic particles) have been banned since 1 January 2018.

The ban on microplastics will be extended to in-vitro medical devices (as of 1 January 2024), to all rinse-off cosmetics (as of 1 January 2026), and to cleaning products and products covered by the European Chemicals Agency's restriction proposal (as of 1 January 2027).

There are some exceptions, such as where microplastics are used in the manufacture of medicinal products for human or veterinary use. Specific instructions would, however, have to be provided with the products.

Production, manipulation, and transport sites of industrial plastic granules must be equipped with equipment and procedures to prevent losses and leaks of industrial plastic granules and must undergo regular inspections by independent certified bodies.

Moreover, by 1 January 2025, every new washing machine sold in France must be equipped with a device that retains the plastic microfibers that come off the clothes during washing.

Besides, Decree n° 2022-748 on consumer information on the environmental qualities and characteristics of waste generating products provides that – for textile products of clothing, linen and shoes – consumer information on the presence of plastic microfibers is understood as the proportion by mass of synthetic fibers in the product. This information is made available as soon as the proportion of synthetic fibers is higher than 50% and expressed under the statement "releases plastic microfibers into the environment during washing". The information must be given as of 1 January, 2023, 2024 or 2025, depending on the annual turnover and the number of units of products placed on the French market.

Draft Law on Combating Plastic Pollution (adopted by the Senate and registered at the Presidency of the National Assembly in July 2022) notably aims at:

1. regulating the loss and leakage of industrial plastic granules;
2. prohibiting the intentional addition of microbeads in detergents (in addition to cosmetics, already banned);
3. providing for an impact assessment on the use in the textile industry of plastic fibres that may cause microfibres in the environment.

French law sets the objective of banning single-use plastic packaging from the French market by 2040. In order to achieve this objective, France set reduction, reuse and recycling targets for 2021-2025 (e.g. the reduction target is 20% by 31 December 2025).

In addition, the Circular Economy Law established the following targets:

1. 2023: a proportion of 5% of reused packaging put on the market (10% in 2027);
2. 2025: 100% of plastics must be recycled and 77% of plastic bottles for beverages will have to be collected (90% in 2029).

Other specific measures intended to reduce plastic include:

1. Larger retail stores must provide customers with clean containers suitable for reuse and accept that consumers bring their own container.
2. Since 1 January 2021, public buildings and professional premises are no longer able to freely distribute plastic bottles containing beverages.
3. As of 1 January 2022:
   • unprocessed fresh fruit and vegetables have to be displayed without plastic packaging (a new list of exempted fruit and vegetables must be established by Decree);
   • crockery used in home meal delivery services have to be reused and will therefore have to be collected;
   • press publications and advertisements have to be sent without plastic packaging;
   • plastic toys can no longer be provided, free of charge, with menus for children.
4. As of 1 January 2023, all catering establishments (including “fast food restaurants”) have to provide their customers with reusable crockery for meals served on site. 
5. From 1 January 2024, the ban on microplastics will be extended (see 6 above).

It should also be noted that: 

• The Law on Climate Change & Resilience introduced a ban on the distribution of plastic advertising material at home without express authorisation on the letterbox (on an experimental basis and for a period of three years).
• The draft bill on Combating Plastic Pollution may introduce a ban on plastic microbeads in detergents (still under consideration by the National Assembly).

No specific national provisions diverging from EU Regulation (e.g. Regulation (EU) No. 2022/1616 of 15 September 2022 on recycled plastic materials and articles intended to come into contact with foods, and a Regulation proposal on packaging and packaging waste which notably sets re-use and refill targets for food packaging).

However, a Charter of commitment on the ‘Reduction of the environmental impact of packaging and Development of reuse in the food delivery sector’ has been signed in February 2021 (see 2 above). It notably set the following targets:

• 100% recyclable containers and packaging by 1 January 2022, which means that 100% of packaging and containers used in meal deliveries should have an effective collection and recycling channel in France;
• 50% of packaging delivered without single-use plastic by 1 January 2022 and 70% by 1 January 2023;
• the ban on plastic bags used by restaurants for delivery by 1 January 2023;
• increase to 100% reused containers delivered to corporate catering facilities by 1 January 2023.

We do not yet have enough information on the success of these measures.

Sorting rules (Triman and Info-Tri)

As of 1 January 2022, the Circular Economy Law has imposed that products intended for households and covered by an EPR scheme in France, excluding household glass packaging for beverages, must be marked with the Triman logo and an information on how to sort or bring in waste from the product. 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.

Please note that on 15 February 2023, the EU Commission opened an infringement procedure by sending a letter of formal notice to France for failure to address its labelling requirements concerning waste sorting instructions with the principle of free movement of goods.

The EU Commission indicated that:

• The imposition of national-specific labelling requirements risks undermining the principle of free movement of goods and can lead to counterproductive environmental effects. Such measures can also lead to increased material needs for additional labelling and additional waste produced due to larger than necessary sizes of the packaging;
• The French authorities do not seem to have conducted a sufficient analysis of the proportionality of their policy choice as other suitable options, less restrictive of trade between Member States, are available. France is also considered in breach of the notification obligations under the Single Market Transparency Directive (Directive (EU) 2015/1535) to the extent that the law was not notified to the Commission at a draft stage, prior to adoption.

This infringement procedure does not suspend the application of the current French rules.

As things stand, it seems rather likely that France will adapt the rules on the Triman marking in the short/medium term. In particular, the obligation to affix the Triman logo and Info-Tri directly on household packaging (which seems to be the main issue as regards the principle of free movement of goods) might be removed or mitigated. However, France could also try to resist on this issue for political reasons.

Update on the Green Dot

The penalty on the eco-contribution that France has sought to impose on users of the Green Dot, accused of being a source of confusion for consumers as to the rules of sorting, is still suspended, the French Council of State being called upon to rule on its legality in light of EU law.

For further context, the Circular Economy law provided for the application of a penalty on producers using potentially confusing markings or signage for consumers that will at least double their eco-contribution paid to the relevant eco-organization.

In the disputed Order of November 30th, 2020, the French Minister for the Ecological Transition designated as potentially confusing markings and signage, graphic figures representing two or more arrows rolled up and inscribed in a circle. The Order aims unequivocally at the Green Dot.

On March 15th, 2021, the Conseil d’Etat, referred by several major professional associations and by the holder and licensor of the Green Dot trademark in the European Union, suspended the application of the disputed Order. It notably highlighted that the penalization of the Green Dot would force producers to design new packaging or adapt their distribution channels within a very short timeframe or risk being financially penalized.

It also considered that the Minister of Ecological Transition did not provide any proof that the disappearance of the Green Dot signage would be likely to change sorting habits on its own. A decision on the merits is still pending.

Environmental qualities and characteristics

As of 1 January 2022, there is an obligation to inform consumers about the environmental qualities and characteristics of waste-generating products (incorporation of recycled material, use of renewable resources, durability, compostability, repairability, possibilities for reuse, recyclability and presence of dangerous substances, precious metals or rare earths).

Decree n° 2022-748 on consumer information on the environmental qualities and characteristics of waste generating products defines the implementing modalities of such information obligation. The information, which concerns products subject to EPR schemes under specific criteria, must be given as of 1 January, 2023, 2024 or 2025, depending on the annual turnover declared for the products concerned (> €10M) and the number of units of products concerned placed on the French market (> 10,000 units).

This information shall be made available in a dematerialized format, accessible free of charge at the time of purchase and reusable so as to allow aggregation. To this end, for each product concerned, the information is available on a dedicated website or web page containing a sheet entitled "product sheet relating to environmental qualities and characteristics".

France also introduced compulsory warnings (e.g. "do not discard in the wild" for plastic products and packaging that can be composted by domestic or industrial composting) and prohibited claims (“compostable” for plastic products and packaging whose compostability can only be obtained in an industrial unit; "biodegradable" or "environmentally friendly" or any similar claim on any products or packaging) for products and packaging made of plastic.

As of 1 January 2022, for any product presented as "recycled", the percentage of recycled material actually incorporated has to be indicated.

Repairability and durability ratings

The Repairability Index is presented in the form of an indication "repairability index" with a pictogram indicating a score out of ten associated with a color code from red to dark green. It is based on five categories of criteria. Specific administrative orders have been taken to detail those criteria for certain categories of products.  Nine categories of EEE are currently concerned: televisions; smartphones; laptops; washing machines with windows, top-of-the-line washing machines, lawnmowers, dishwashers, vacuum cleaners, and high-pressure cleaners.

The Index is placed on the product, on its packaging or near its price, both in stores and on online sales sites.

Although the obligation on producers and distributors of EEE to communicate the Repairability Index of their EEE, free of charge, entered into force on 1 January 2021, effective enforcement only started as of January 2022.

From 1 January 2024, a product durability rating (covering the reliability and robustness of the product) will either supplement or replace the repairability rating.

Ban on bisphenol A (BPA) in Food packaging

Importing and placing on the market of packaging, containers or utensils containing BPA and intended to come into direct contact with food were suspended in December 2012.

In addition, the National Food Agency (ANSES) proposes identifying bisphenol B as a substance of very high concern under the REACH Regulation (like BPA) in order to prevent the industrial usage of this chemical on the European continent as a replacement for bisphenol A, and to require importers of consumer goods to declare its presence in concentrations exceeding a threshold of 0.1%.

Obligation information on endocrine disruptors

Please also note that as of January 1, 2022, specific information obligations are also provided for regarding endocrine disruptors.

Decree n° 2021-1110 of 23 August 2021 notably provides that any person who places on the market products containing substances that, according to ANSES, have endocrine disrupting properties, shall publish the list of these products and the substances contained in each of them.

This information is made available in a dematerialized format, accessible free of charge and reusable in order to allow aggregation.  If the product concerned is also the subject of an obligation of information of the consumers under the qualities and environmental characteristics, this information is made available on the same dematerialised sheet.

This chapter was last updated on December 2023 and does not reflect any subsequent developments in the law.