Fast-Track Compliance with French Packaging Legislation: A…

Is your business involved in exporting or shipping goods to France? If so, there’s crucial information you need to be aware of. The French requirements for the Triman logo present a significant challenge for many entrepreneurs, who must navigate the complexities of local legislation. How can you ensure compliance with these regulations? This article will guide you through the process, helping you avoid penalties and maintain smooth trading operations in France.

France is one of the most progressive European countries in advancing legislation focused on the circular economy. A key example is the enactment of the anti-waste law (AGEC), which imposes Extended Producer Responsibility (EPR) on manufacturers in specific product categories. This law incorporates various initiatives aimed at minimizing waste, enhancing recycling efforts, and curbing plastic production. The overarching goal of this legislation is to transition France towards a completely circular economy by 2025.

On March 9, 2023, the new packaging labeling regulations under the AGEC law were implemented. COSH! participated in a seminar focusing on this legislation, hosted by Flanders Investment & Trade. We are excited to bring you the key insights and takeaways from this informative session!

Labels and logos

In an effort to simplify the sorting and recycling process for both end consumers and recycling companies, it’s now mandatory to clearly indicate the packaging’s composition directly on the packaging itself. Additionally, the packaging must feature the Triman logo. This is accompanied by sorting information (info-tri) for the different components of the packaging, making it easier to understand how to properly dispose of and recycle each part.

If the packaging lacks the Triman logo, it signifies that the material is not recyclable. In such cases, the packaging should be disposed of in the residual waste bin.

It’s essential that the packaging information is presented in the local language of the end consumer, which in this context is French. This means that details about the product, any associated services, and instruction manuals must be available in French. Additionally, the sorting instructions (consignes de tri) can be conveyed using symbols for clarity. However, there is an exception: if the product includes a reference to software where consumers can access this information in their preferred language, this requirement can be bypassed.

The labelling requirements and obligations under French law extend to all levels of packaging, including primary, secondary, and tertiary forms. To illustrate these different types of packaging, consider a gift box containing three pairs of socks:

Primary packaging: This refers to the cardboard backing to which the individual pairs of socks are attached.
Secondary packaging: The actual gift box that houses the three pairs of socks.
Tertiary packaging: The shipping box used to send the gift box to a customer in France.

For Flemish producers exporting to France, it’s crucial to ensure their packaging presents the correct information. In cases where their French distributor requires it, the manufacturer can obtain ready-to-print logos from the French distributor associated with eco-organizations like Citeo or Leko. This collaboration helps ensure compliance with the French packaging regulations.

There are several requirements for the use of the Triman label:

Visibility and Legibility: The Triman logo must be clearly visible and legible on the packaging, ensuring easy recognition by consumers.
Size and Placement: The frame of the logo should measure 18.03 mm, with the figure and arrows being 10 mm high. For smaller items, a compact version with the figure at 6 mm is permissible. The logo should be appropriately placed for visibility.
Colours: The figure (Triman) itself is black, set against an orange frame. Individual icons within the frame may be either orange or green. These specific colors are fixed to ensure consistency and recognition.
Language and Country Codes: ‘FR’ should be displayed in the top left corner of the frame to denote France. If the sorting rules are the same in other countries, their codes can also be included, with ‘FR’ always appearing first. These country codes should be in one color to avoid confusion with the colors representing other countries.
Destination Indicators: The right side of the frame should indicate the disposal destination of the packaging, with a colored background: orange for ‘bac de tri’ (recycling bin) and green for ‘tri de verre’ (glass recycling).
Content of the Frame: The frame must include text and/or pictograms indicating the type of packaging to be disposed of, providing clear instructions for recycling.
Compliance with Standards: The use of the Triman logo, along with these detailed specifications, must adhere to the standards set by French environmental authorities or eco-organizations.

The accurate specification of materials is required for 95% of the packaging components.

For further guidance and detailed instructions on the Triman label, it’s advisable to consult the official manual provided by the French government.

Triman label infographic packaging labeling blog cosh — Composition of the Triman Logo from 2022, (c) CITEO

Additional obligations

Anyone involved in selling products (such as a Flemish manufacturer directly to end consumers) or distributing them (like a French distributor to retailers) in France is required to obtain a unique identification code (IDU). This registration number must be included in contractual documents and/or displayed on the company’s website. The IDU is valid for one year and must be renewed annually. This code can be applied for through an eco-organism.

There are various eco-organisms in France, each focusing on different types of products. Only the company that first introduces the product to the market is mandated to affiliate with the appropriate eco-organism; for instance, a French distributor in this scenario. If a Flemish producer also sells products through an online store, they have the responsibility themselves to comply with these regulations.

Citeo and Léko are among the largest eco-organizations in France, primarily focused on products that culminate as packaging in households. The cost of membership to such organizations is determined by several factors, including the organization’s own fee, the quantity of products (Unités de Vente Consommateur or UVCs) introduced into the market, as well as the weight and material composition of the packaging. This tiered contribution system ensures that the fees are proportional to the impact and volume of packaging a company introduces into the consumer market.

Companies are required to submit an annual declaration once they exceed a threshold of 10,000 units, detailing the quantity and types of packaging utilized for products destined for the French market.

1. Under 10,000 Units Annually: If your company ships fewer than 10,000 units to France each year, you are eligible to file a simplified flat-rate tax return. The annual cost for this is 80 euros, excluding VAT.

2. Between 10,000 and 500,000 Units Annually: In this range, registration is done through a sector-specific statement. Here, product families are identified and categorized, with associated costs determined accordingly.

3. Over 500,000 Units Annually: For businesses shipping more than 500,000 units per year, a detailed statement based on each Unité de Vente Consommateur (UVC) is required. This involves a more comprehensive reporting of the volume and type of packaging used.

This reporting is essential for monitoring and managing the environmental impact of packaging materials, ensuring compliance with French regulations aimed at promoting sustainable packaging practices.

Packaging that is eco-friendly or promotes recycling through accurate sorting instructions is incentivized with a bonus. Additionally, conducting an awareness campaign about proper recycling and environmental responsibility can qualify a business for reduced rates. (Source: Flanders Investment & Trade)

Collaboration with eco-organisms is crucial for businesses in France, playing a key role in the country’s environmental strategy. These organizations manage waste effectively, ensuring businesses comply with Extended Producer Responsibility (REP) obligations and stay current with eco-contributions as per French law. They also offer guidance to manufacturers and distributors on selecting sustainable packaging, adhering to regulatory standards, and correctly applying the Triman logo. This support is especially beneficial for new entrants to the French market or those navigating complex environmental regulations, fostering a cooperative approach towards sustainable packaging and waste management.

Scope and Timeline

The requirements apply to all items manufactured, sold or imported in France and cover all types of sales platforms. This includes e‑commerce, independent sellers, and marketplaces operating within the French market.

Currently, the obligation for conformity is specifically mandated for B2C (Business-to-Consumer) and e‑commerce packaging, while B2B (Business-to-Business) packaging is not subject to these same requirements.

As of March 29, 2023, companies that fail to comply with the packaging regulations face sanctions. These penalties include fines starting from 3,000 euros for individuals and 15,000 euros for legal entities, applicable for each instance of non-compliance.