Packaging sorting info applicable to cosmetics
Here in this article, we detail the compulsory Sorting Information in France. These rules must be applied to all packaging of all products sold on French ground. This report is supported by content from CITEO.
AGEC LAW MAJOR DATES
(Loi Anti-Gaspillage et Economie Circulaire), the first of its kind in France, intends to deeply change production and consumption habits in order to ensure that French law respects the climate.This regulation is applicable to all goods sold in the French territory.
- Note that this regulation does not ensue financial or legal penalties (as of today) except for product destruction & triman.-
Agec Law: composed of 130 articles and promulgated on February 10, 2020, the text is part of the 2004 Environmental Charter (under the French Constitution, as a precautionary principle, and as an addition to fundamental civil and political rights and economic and social rights of French citizens), which ensures that French law respects the climate.
PACKAGING SORTING INFORMATION
Rules in France have changed in 2022 to increase recycling rates and achieved the European target.
Packaging must now indicate the clear sorting instructions for France, and for other countries, when known.
The complexity is to understand how materials are recycled per country. For example, in France, all packaging materials are mixed together in the recycling bin, expect for Glass. In Germany all packaging must be separated by category : glass, paper, cardboard, plastic, etc. and in the UK all packaging, including glass go into the same recycling bin.
There is no common database for information on recycling and sorting system in Europe, or in America… most brands are sold worldwide, so it’s bit tricky - to say the least - to know what to do.
SORTING INFO - RULES ACCORDING TO PACKAGING SIZE
triman =
sorting info box =
Note: if your packaging includes a secondary packaging (SP), the triman and sorting info box for all packaging items can be on the SP only.
However, the triman + sorting info box also on the primary packaging (PP) is a good practice recommended.
It is also possible to label the information for the SP on the SP and the information for the PP on the PP.
If an information notice is associated to small size products (< 20 cm2), the digitalisation of the sorting information is prohibited.
AGEC LAW – RULES FOR SMALLER PACKAGING
SORTING INFO - DESIGN RULES
SORTING INFO - EXAMPLES
SORTING INFO - DESIGN RULES
SORTING INFO - SPECIAL CASES
• Packaging intended for France and export
• Reusable packaging
SORTING INFO - DEADLINES FOR SELLING EXISTING STOCK
• If the product packaging was manufactured before 9 September 2022, you had until 9 March 2023 to phase out all products and empty stock.
• Since 9 March 2023, all product packaging must include the new sorting labelling.
Exemption → It is possible to market a product after 9 March 2023, and without a cut-off date if and only if:
- the packaging was manufactured before 9 September 2022,
- and the person packaging the product has taken possession of this packaging before 9 March 2023 (whether or not it was filled by that date).
SORTING INFO - REFERENCE TEXTS & SANCTIONS
• Article 17 of the AGEC law No. 2020-105 of February 10, 2020 relating to the fight against waste and the circular economy
• Decree No. 2021-835 of June 29, 2021 relating to consumer information on the rule for sorting waste from products subject to the principle of extended producer responsibility
• Decree No. 2022-975 of July 1, 2022 relating to the extension to textile decorative elements of the sector with extended responsibility of the producer of furnishing elements and modifying various provisions relating to waste
What are the risks?
Any failure to comply with these obligations is punishable by an administrative fine of up to
- 3,000 euros for a natural person
- 15,000 euros for a legal entity
→ Art. L. 541-9-4 of the Environmental Code
This penalty may be completed by corrective measures imposed by the French control authority (DGCCRF).
SORTING INFO - STAY TUNED
Revision of Directive 94/62/EC on packaging and packaging waste
- Currently sorting instructions are not harmonised across the EU
- A regulation will repeal the Directive 94/62/EC
- The proposal was published on 30 November 2022 (the final text is not expected before 2024)
→ Harmonization of sorting instructions is envisaged to facilitate the free movement of goods
