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On 25 April 2023 France published Law No. 2023-305 of 24 April 2023 Merging the Extended Responsibility Schemes for Producers of Household Packaging and for Producers of Paper. The text reorganizes the two extended producer responsibility (EPR) schemes to take into account the similarities of the sorting and collection of the waste concerned.
The change, which was initiated by Law No. 2020-105 of 10 February 2020 on the Fight Against Waste and the Circular Economy, applies retroactively from 1 January 2023.
3E Review
According to the explanatory memorandum of the law, the household packaging EPR (that has been operational for 30 years) and the graphic and printed papers EPR (that has been operational for 17 years and does not cover books) may be merged into one single EPR, as the separate collection of both types of waste is organized according to harmonized procedures throughout the national territory.
In particular, the newly published legislation reorganizes the list of EPR schemes laid down in Article L. 541-10-1 of the Environmental Code by merging points 1 (household packaging EPR) and 3 (printed and graphic papers EPR) into one single category. According to the explanatory memorandum, the fusion aims to better take into account the decreasing tonnages of paper and cardboard waste (due to the digitization trend, especially in the sector of newspapers) and the increasing paper packaging waste tonnage (due to the development of e-commerce and the substitution of certain plastic packaging by paper packaging). It’s worth mentioning that press publications (journals) are also covered by the EPR, contrary to the draft that was planning to exclude the journal industry from the EPR scope.
Concerning the financial contribution due from the responsible persons (producers, importers, and persons distributing materials under their own brand), the current rules for financial adjustments (Article L. 541-10-3 of the Environmental Code) will continue to apply to promote environmentally friendly products. In addition, the new legislation provides that the financial contribution may be modulated for products informing the general public about the prevention and management of waste. Thus, the revised Article L. 541-10-18(VII) enables lower financial contribution for information leaflets on waste sorting. More detailed requirements on the leaflets will be laid down in a future decree. However, to benefit from the financial adjustment, the information leaflet should be compliant with the environmental performance criteria, such as the following:
- Ecodesign
- Incorporation of recycled materials
- Elimination of hazardous substances likely to limit recyclability
- Incorporation of recycled materials
- Have no advertising or promotional nature
- Do not lead to an increase in the quantity of packaging or graphic paper put on the market
3E Analysis
Economic operators are informed of the restructuring of the two EPR schemes in France and the financial cut-offs related to eco-products and waste sorting leaflets.
They are also advised to stay abreast of any upcoming updates on the collective eco-management organizations (i.e., the merger of existing organizations or approval of new ones). It may also be expected that France will update the specifications for the approval of packaging and paper eco-management organizations.
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