Public Consultation about AGEC law

France

Public Consultation about AGEC law

These last months, two public consultations have taken place about the same French draft Decree related to the framework of article 13.I of the AGEC law (Law nº 2020-105 of February 10 2020). The aim is to limit waste and preserve natural resources, biodiversity and the climate.

This decree put out for consultation specifies the definitions of the various environmental characteristics and qualities of products, the sectors and categories of products concerned, as well as the procedures for making information available.

Decree on consumer information on the environmental qualities and characteristics of waste-generating products (2021/644/F).

Summary of main relevant information:

• Consumer information on the presence of a hazardous substance shall apply where it is present in a concentration greater than 0.1% by mass in a substance, mixture or article according to Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 (REACH).

This information shall be expressed by the words « contient une substance dangereuse » (in English “contains a hazardous substance”) or, where the hazardous substance present is that referred to in the first paragraph of Article R. 541-219, by the words « contient une substance extrêmement préoccupante » (in English “contains a substance of very high concern”). The information shall be supplemented by the name of each hazardous substance present.

This way of making the information available does not apply to substances with proven, suspected and presumed endocrine disrupting properties laid down by order referred the Public Health Code.

The information shall be made available no later than 18 months after the substance is identified as a hazardous substance.

• For containers and contents of chemical products shall indicate the environmental qualities and characteristics and recyclability information as described in the Decree for information to consumers.
  
  
• For all products and package, the use of words as « biodégradable » (“biodegradable” in English), « respectueux de l’environnement » (translated in English as “environmentally friendly”) or any other equivalent are prohibited.

This decree provides for the effective entry into force of this measure from January 1, 2022.