Publication
25 Nov 2024 ·
International
France and its TRIMAN logo targeted by the EU Commission!
2 min read
On 14 November 2024, the EU Commission issued a reasoned opinion to France, on the grounds that it had failed to remedy the incompatibility of its labelling requirements concerning waste sorting instructions with Articles 34 to 36 of the TFEU, which aim in particular to safeguard respect for the principle of the free movement of goods within the EU.
As a reminder, on 15 February 2023, the Commission opened infringement proceedings against France, issuing a formal notice.
In a context where there are as yet no harmonized rules at EU level, French legal framework requires that any product intended to households and subject to the principle of extended producer responsibility – with the exception of household glass beverage containers – be marked with a sign informing consumers that the product is subject to sorting rules. This requirement, set out in Decree no. 2021-835, takes the form of the TRIMAN logo and the Info-Tri.
However, the Commission points out the risk of non-compliance with the principle of free movement of goods and considers that the French authorities have not provided sufficient evidence to justify the proportionality of this policy, given that less restrictive alternatives exist. France is also criticized for having failed in its obligation to notify the law prior to its adoption.
France must respond to the Commission's opinion within two months and will have to take measures to soften the existing rules, failing which the matter could be referred to the European Court of Justice.
The TRIMAN logo is therefore definitely under threat, and may not last, as France will probably be soon unable to enforce the rule as laid down in the decree.
However, the new regulation on packaging and packaging waste should shortly provide a harmonized legislative framework on this issue.
