{"id":2951,"date":"2022-11-22T10:47:05","date_gmt":"2022-11-22T10:47:05","guid":{"rendered":"https:\/\/cms.scantrust.com\/?p=2951"},"modified":"2024-07-19T10:15:37","modified_gmt":"2024-07-19T09:15:37","slug":"france-agec-law-decree-2022-748-how-to-comply","status":"publish","type":"post","link":"https:\/\/cms.scantrust.com\/france-agec-law-decree-2022-748-how-to-comply\/","title":{"rendered":"France’s AGEC law: How to comply in 2024"},"content":{"rendered":"

France’s Anti-waste Law for Circular Economy (a.k.a. AGEC law) passed in April of 2022 and affects all companies selling products in France<\/strong>. More formally known as Decree 2022-748, it covers all producers, importers, and dealers, including e-commerce platforms with products in the French market, and requires these products’ be labeled with certain environmental and recycling information. This article covers:<\/span><\/p>\n

    \n
  1. What is Decree 2022-748 of the French anti-waste law (AGEC law)?<\/span><\/a><\/li>\n
  2. When must companies comply with AGEC?<\/span><\/a><\/li>\n
  3. What industry-specific requirements are there for compliance with AGEC?<\/span><\/a><\/li>\n
  4. Why use QR codes for compliance with AGEC?<\/span><\/a><\/li>\n
  5. How to use QR codes for AGEC<\/span><\/a><\/li>\n<\/ol>\n

     <\/p>\n<\/div>\n\n \n What is Decree 2022-748 of the French Anti-waste Law (AGEC)?\n <\/h1>\n\n\n

    Decree 2022-748<\/a> under the French Anti-waste for a Circular Economy Law (AGEC) was created with the intention to improve information transparency on waste-generating products and to promote circularity of those products. According to the <\/span>French Government<\/span><\/a>:<\/span><\/p>\n<\/div>\n\n

    \n

    \u201cIn order to improve consumer information, producers and importers of waste-generating products shall inform consumers, by means of marking, labeling, display or any other appropriate process, about their environmental qualities and characteristics, ….. in accordance with the law of the European Union.\u201d <\/span><\/i><\/p>\n<\/blockquote>\n

    <\/figcaption>\n<\/figure>\n\n

    Decree 2022-748<\/a> makes it mandatory for this information to be made available for customers at the time of purchase. According to article <\/span>R541-222<\/span><\/a> of the environmental code, producers, importers, and any marketer of products covered in article <\/span>R541-221<\/span><\/a> must provide the consumer, at the time of purchase, with information that includes product environmental qualities and characteristics. This information must be provided free of charge and any related costs must be paid by the producer. Not surprisingly, this information must be provided in <\/span>French<\/b>.<\/span><\/p>\n

    While all waste-generating products will need to provide these new, mandatory information points, Article <\/span>R541-221<\/span><\/a> offers examples of the kinds of products that must provide this information. The decrees specify exactly what is necessary for which products and industries, and when those requirements go into effect.\u00a0<\/span><\/p>\n

    Article R541-222<\/span><\/a> states that all of the mandatory product information related to environmental qualities and characteristics <\/span>must be made available on a dedicated website or web page<\/b>. This information should be titled: \u201cfiche produit relative aux qualit\u00e9s et caract\u00e9ristiques environnementales\u201d\/\u201cproduct sheet relating to the qualities and environmental characteristics\u201d.\u00a0<\/span><\/p>\n

    Article<\/span> L541-9-1<\/span><\/a> refers to this requirement in stating that the relevant product data must be made available electronically, in a format that is \u201ceasily reusable, and usable by an automated processing system in aggregated form.\u201d QR codes are an accepted solution for meeting this requirement.<\/strong><\/span><\/p>\n

    The French government is also taking an aggressive stance on a common claim made on consumer products. <\/span>Article R541-223<\/span><\/a> of decree 2022-748<\/a> states that mentioning \u201cbiod\u00e9gradable\u201d (biodegradable), \u201crespectueux de l’environnement\u201d (respectful to the environment) or any other comparable environmental claim <\/span>will be strictly forbidden<\/b>. <\/span><\/p>\n<\/div>\n\n \n When must companies comply with AGEC?\n <\/h2>\n\n\n

    Decree 2022-748<\/a> came into effect already on March 1st, 2022, but according to the <\/span>French government<\/span><\/a>, products and packaging had a stock run-off period until January 1st, 2023. Environmental label requirements thereafter have been and will continue to be enforced progressively starting with the biggest companies and working down to SME\u2019s and other small businesses:<\/span><\/p>\n<\/div>\n\n\n \n \"French\n <\/picture>\n <\/figure>\n\n

    Note that as of January 1st, 2024, the following product categories were to comply with the respective regulations stated in decree 2022-748<\/a>:<\/span><\/p>\n

      \n
    1. Building products and materials<\/span><\/li>\n
    2. Toys<\/span><\/li>\n
    3. Motor vehicles: Passenger cars, vans, motorbikes, quads<\/span><\/li>\n<\/ol>\n

       <\/p>\n<\/div>\n\n \n What industry-specific requirements are there for compliance with AGEC?\n <\/h2>\n\n\n

      Most, if not all, industries are affected by the new environmental labeling law. Decree 2022-748 concerns <\/span>all<\/span> producers, importers, and dealers (including e-commerce) of waste generating products and packaging. Not every industry or product type has the same set standards to comply with, but the consequences of non-compliance can be significant. <\/span>Article L. 541-10-3<\/span><\/a> states the method for calculating fines:<\/span><\/p>\n<\/div>\n\n

      \n

      \u201cSigns and markings that could lead to confusion on the rule for sorting or bringing in waste from the product are affected by a penalty <\/span>which may not be less than the amount of the financial contribution necessary for waste management<\/span><\/i>. These signs and markings are defined by order of the Minister responsible for the environment.\u201d<\/span><\/p>\n<\/blockquote>\n

      <\/figcaption>\n<\/figure>\n\n

      In total, Decree <\/span>2022-748<\/span><\/a> includes 11 industry-specific regulations for environmental labeling requirements:<\/span><\/p>\n<\/div>\n\n \n Repairability and durability\n <\/h3>\n\n\n

      Industries to comply: <\/b>Electrical and electronic equipment<\/span><\/p>\n

      The first point of compliance communicated in section 1 of Decree <\/span>2022-748<\/span><\/a> is a repairability index added to the product in accordance with the information given in article <\/span>L541-9-2<\/span><\/a>. According to article <\/span>L541-9-2<\/span><\/a>, producers, importers and distributors of electrical and electronic goods have to digitally showcase a repairability index of the product at hand. This index aims to score the product\u2019s sustainability from 1 to 10, according to the criteria shown in article <\/span>R541-214 <\/span><\/a>. This must be brought to consumers\u2019 attention at the point of purchase.<\/span><\/p>\n

      From January 1st, 2024, producers, importers and distributors of electrical and electronic goods are required to showcase a durability index and the parameters to establish it. According to article <\/span>L541-9-2<\/span><\/a>, this index includes new criteria such as the robustness of the product, or it replaces the already existing repairability index, although no further information is given on the exact criteria as of the writing of this article. You\u2019ll want to check the latest decree changes to be sure.<\/span><\/p>\n<\/div>\n\n \n Compostability\n <\/h3>\n\n\n

      Industries affected: <\/b>packaging, all<\/span><\/p>\n

      Decree <\/span>2022-748<\/span><\/a> states that consumer information regarding packaging compostability must be made available on the packaging at the point of purchase. If the packaging is made from compostable materials, producers, importers and distributors are obliged to mention a statement: \u201cemballage compostable\u201d (compostable packaging).<\/span><\/p>\n<\/div>\n\n \n Recycled material\n <\/h3>\n\n\n

      Industries affected: <\/b>Packaging, printed paper, electrical and electronic equipment, batteries and accumulators (such as rechargeable electrical power storage), containers of chemical products, furniture, textile products (clothing & footwear), sports and leisure items, DIY equipment, motor vehicles.<\/span><\/p>\n

      According to section 1 of Decree <\/span>2022-748<\/span><\/a>, companies that fall under this regulation must express a statement containing the percentage amount of recycled material in the form: \u201cproduit comportant au moins [%] de mati\u00e8res recycl\u00e9es\u201d\u00a0 (product comprising of at least [%]\u00a0 recycled materials). <\/span><\/p>\n<\/div>\n\n \n Use of renewable resources\n <\/h3>\n\n\n

      Industries affected:<\/b> construction products subject to environmental declaration\u00a0<\/span><\/p>\n

      To be in compliance with the labeling requirements from Decree <\/span>2022-748<\/span><\/a>, companies affected by this regulation must make information on use of renewable resources available to consumers at the time of purchase. The information conceived must be in line with the environmental declaration under <\/span>article R. 171-17 of the construction and housing code<\/span><\/a>. This is an extensive list of 16 labeling requirements. Representatives from the affected industries are advised to read thoroughly through these materials to maintain or develop compliance.<\/span><\/p>\n<\/div>\n\n \n Possibility of re-use\n <\/h3>\n\n\n

      Affected industries: <\/b>Packaging<\/span><\/p>\n

      According to decree <\/span>2022-748<\/span><\/a>, consumer information on the possibility of packaging reuse must be made available at the point of purchase. Packaging that is considered reusable should contain a statement: \u201c\u200b\u200bemballage r\u00e9employable\u201d (reuseable packaging) or \u201cemballage rechargeable\u201d (refillable packaging)<\/span><\/p>\n<\/div>\n\n \n Recyclability\n <\/h3>\n\n\n

      Industries affected: <\/b>Packaging, printed paper, electrical and electronic equipment, batteries and accumulators, containers of chemical products, furniture, textile products (clothing & footwear), sports and leisure items, toys, DIY equipment, motor vehicles<\/span><\/p>\n

      According to Decree <\/span>2022-748<\/span><\/a>, the recyclability and amount of recycled material must be conveyed to be in line with the environmental labeling laws.\u00a0<\/span><\/p>\n

      Recyclability is understood as \u201cbeing the effective recycling capacity of waste from similar or identical products.\u201d The recyclability of a product is assessed using five criteria:<\/span><\/p>\n

        \n
      1. The ability to be efficiently collected<\/span><\/li>\n
      2. The ability to be sorted in recycling channels<\/span><\/li>\n
      3. The absence of material limiting recycling<\/span><\/li>\n
      4. That the recycled material is greater than 50% of the total waste collected<\/span><\/li>\n
      5. The ability to be recycled on an industrial scale<\/span><\/li>\n<\/ol>\n

        The recyclability is calculated by grouping the assessment criteria to get a final score on recyclability.<\/span><\/p>\n

        Companies are required to include a statement on the recyclability of the packaging:<\/strong><\/p>\n

        The information on recyclability must be made available to consumers in the form: \u201cproduit \/ emballage majoritairement recyclable.\u201d (mostly recyclable product \/ packaging)<\/span><\/p>\n

        If more than 95% of a product is made from recycled material, the company may mention \u201cproduit enti\u00e8rement recyclable\u201d (fully recycled product).<\/span><\/p>\n

        If product packaging is recycled from the same or similar materials, the company may mention \u201cproduit \/ emballage recyclable en un produit \/ emballage\u00a0 de m\u00eame nature (product \/ packaging recycled from product \/packaging of same nature)<\/span><\/p>\n<\/div>\n\n \n Presence of precious materials \n <\/h3>\n\n\n

        Industries affected: <\/b>Electrical and electronic equipment, motor vehicles<\/span><\/p>\n

        According to Decree<\/span> 2022-748<\/span><\/a>, information on the presence of precious metals must be made available to the consumer at the point of purchase. This is mainly in regard to the environmental impact of the extracting conditions of the following metals:<\/span><\/p>\n

          \n
        1. Gold<\/span><\/li>\n
        2. Silver<\/span><\/li>\n
        3. Platinum<\/span><\/li>\n
        4. Palladium<\/span><\/li>\n<\/ol>\n

          When the amount of any of these metals in a product exceeds a milligram, companies are required to provide a statement on the contents of these materials in the form of:<\/span><\/p>\n

          \u201ccontient au moins [X milligrammes] d’or, d’argent, de platine, de palladium\u201d (contains at least [X milligrams] of gold, silver, platinum, palladium)<\/span><\/p>\n<\/div>\n\n \n Presence of rare earth elements\n <\/h3>\n\n\n

          Industries affected: <\/b>Electrical and electronic equipment, motor vehicles<\/span><\/p>\n

          Similarly to the section above, Decree <\/span>2022-748 <\/span><\/a>specifies that the presence of rare earth elements must be made available to the consumer at point of purchase. This includes: scandium, yttrium, lanthanum, cerium, praseodymium, neodymium, promethium, samarium, europium, gadolinium, terbium, dysprosium, holmium, erbium, thulium, ytterbium, lutetium.<\/span><\/p>\n

          As with the above paragraph, when the amount of rare element material used in the product exceeds 1 mg, the presence of these rare elements must be expressed with a statement in the form of: \u201ccontient au moins [X milligrammes] de scandium \u2026\u2026. lut\u00e9cium.\u201d (contains at least [X milligrams] of scandium \u2026.. lutetium)<\/span><\/p>\n<\/div>\n\n \n Hazardous material\n <\/h3>\n\n\n

          Industries affected: <\/b>Substances, mixtures and articles in quantities of more than one tonne per year that are considered hazardous within the scope of points 1, 2 and 3 of article 3 of <\/span>Regulation (EC) No 1907\/2006<\/span><\/a> \u00a0with the exception of medicine.<\/span><\/p>\n

          According to Decree <\/span>2022-748, <\/span><\/a>consumer information on products containing a dangerous substance with more than 0.1% concentration by mass must be made available. This information must be made available in accordance with the <\/span>Registration, Evaluation, Authorization and Restriction of Chemicals (REACH)<\/span><\/a>, which has been in effect since 2006. However, with the implementation of decree<\/span> 748-2022<\/span><\/a>, this information must be stored in a government approved repository as well as made clearly available to the consumer at the point of purchase.\u00a0<\/span><\/p>\n

          There is an exception to making information available at the point of purchase. Decree 2022-748 argues that substances confirmed or suspected to contain endocrine disruptive properties, will need to provide a statement to the consumers no later than six months after identification of the substance as dangerous. According to Decree<\/span> 2021-1110<\/span><\/a>, substances mentioned in 1\u00b0 and 2\u00b0 of <\/span>Article R. 5232-19 of the Public Health Code<\/span><\/a> referring to<\/span> Item L5232-5 <\/span><\/a>must be split into two categories, based on the level of scientific proof:<\/span><\/p>\n

            \n
          1. Confirmed endocrine disruptive<\/span><\/li>\n
          2. Presumed endocrine disruptive<\/span><\/li>\n<\/ol>\n

            information on the toxicity of these substances can be made available after purchase, if the endocrine disruptive substance is identified after the purchase.<\/span><\/p>\n

            To comply with decree 2022-748, one of two statements must be applied:<\/strong><\/p>\n

            When the relevant dangerous substance is listed in the first paragraph of article 59 of <\/span>Regulation (EC) No 1907\/2006<\/span><\/a> (page 44) referencing to article 57 (page 43) the statement must contain: \u201ccontient une substance extr\u00eamement pr\u00e9occupante\u201d (Contains a substance of very high concern) alongside with the name of the present hazardous substance.<\/span><\/p>\n

            When the dangerous substance is not listed, the statement: \u201ccontient une substance dangereuse\u201d (contains a dangerous substance) must be applied.<\/span><\/p>\n

            There is an exception as to how the information on hazardous materials is made available.\u00a0<\/span><\/p>\n

            Normally, information associated with the product must be made available on a web page. However, as you\u2019ve read earlier in this article, according to <\/span>Article 541-222,<\/span><\/a> providing information on dangerous substances can be carried out by means of a dedicated application designated by order of the minister in charge of the environment. This application must convey the dangerous substances in circulation, and showcase which substances are tied to which products. When a web page must be established for at least one other environmental quality, a link to the application designated by the administrating body and conveying the hazardous materials is sufficient, negating the need to state the hazardous materials on the web page, so long as there is a link to said information.<\/span><\/p>\n<\/div>\n\n \n Traceability\n <\/h3>\n\n\n

            Industries affected: <\/b>Textile products for clothing, footwear and household linen<\/span><\/p>\n

            Consumer information on traceability must be made available for the products from the affected industries. According to <\/span>Decree 2022-748<\/span><\/a>, the country where the following operations happen, for ALL materials, must be included:<\/span><\/p>\n

              \n
            1. Weaving<\/span><\/li>\n
            2. Dyeing and printing<\/span><\/li>\n
            3. Assembly<\/span><\/li>\n<\/ol>\n

              For footwear:<\/span><\/p>\n

                \n
              1. Stitching\u00a0<\/span><\/li>\n
              2. Editing<\/span><\/li>\n
              3. Finished product assembly<\/span><\/li>\n<\/ol>\n

                This information is expressed by simply mentioning the country where the operation was undertaken in a step by step format.<\/span><\/p>\n<\/div>\n\n \n Presence of plastic microfibers\n <\/h3>\n\n\n

                Industries affected:<\/b> Textile products for clothing, footwear, and household linen<\/span><\/p>\n

                Information on the presence of microfibers must be made available to consumers if the proportion of synthetic fibers in the product is more than 50%. According to decree 2022-748, a statement in the form of \u201crejette des microfibres plastiques dans l’environnement lors du lavage\u201d (releases plastic microfibers into the environment during washing) must be made available to the consumer at the point of purchase.<\/p>\n

                The best conclusion is that using QR codes on products or product labels in combination with a software system built to satisfy requirements is the most convenient solution for compliance. Of all the industries affected, the fashion, textile, and apparel industry are currently required to disclose the most data. It is very inconvenient and costly to disclose all of the origin and preparation data that is required on a care label or hang tag. QR codes re-directing to a page with disclosure of the data is an obvious best choice for compliance.<\/p>\n<\/div>\n\n \n Why use QR codes for compliance with AGEC?\n <\/h2>\n\n\n

                QR codes are an acceptable solution to complying with several aspects of the AGEC law:<\/p>\n