The European Commission has issued a reasoned opinion to France (INFR(2022)4028) for failing to address the inconsistency of its waste sorting label requirements with Articles 34-36 of the Treaty on the Functioning of the European Union (TFEU). In France, household products subject to extended producer responsibility (EPR) schemes must display the ‘Triman logo’, which signals that the product is subject to sorting rules, along with the ‘infotri’, which provides specific sorting instructions.

Currently, there are no harmonised EU rules governing how waste sorting instructions should be provided to consumers. However, this will change with the future implementing acts under the new Packaging and Packaging Waste Regulation. Until then, the Commission insists that national rules should not create unnecessary barriers to trade within the internal market. Industry feedback has repeatedly highlighted that national labelling requirements, like those in France, create significant obstacles to trade and undermine the free movement of goods.

The Commission seeks to eliminate such barriers, which hinder European companies' ability to fully utilise the internal market. It considers that France has not adequately demonstrated that its policy is proportionate, especially as less restrictive alternatives exist. Moreover, France failed to comply with its obligations under the Single Market Transparency Directive (Directive (EU) 2015/1535) by not notifying the Commission of the proposed law before its adoption.

France now has two months to respond to the reasoned opinion and address the issues raised. If no action is taken, the Commission may escalate the matter by referring it to the Court of Justice of the European Union.