Judicial Decision – November 8, 2024
In France, the Council of State, following an appeal by two professional unions, has annulled the government’s decree from June 2023 concerning the prohibition of plastic packaging for fruits and vegetables, as stipulated by the February 10, 2020 law on waste reduction and the circular economy (known as the “AGEC” law). This decision was made because the European Commission had requested that France delay adopting such measures until December 2023, due to ongoing negotiations for a new European regulation on specific restrictions for unnecessary packaging.
The AGEC law had initially banned the sale of fresh fruits and vegetables in plastic packaging for quantities below 1.5 kg, effective January 1, 2022. Exceptions were allowed for products at risk of damage when sold in bulk. The law entrusted the French government with the task of defining a list of these exceptions. However, after the Council of State annulled the first implementation decree in late 2022 for overstepping the scope of the law, a new decree was issued in June 2023. This decree also faced legal challenges from two professional unions.
In December 2022, the French government notified the European Commission about its proposed decree, as required for any new "technical rule" under European law (Directive 2015/1535 of September 9, 2015). The Commission requested the postponement of its adoption to December 2023, as negotiations were ongoing for a European regulation on the use of certain unnecessary packaging forms, including single-use plastic packaging for fruits and vegetables under 1.5 kg. Despite this request, the French government adopted the decree on June 20, 2023.
Since the French government failed to comply with the mandatory postponement and invoked no exceptions allowed by the directive, the Council of State annulled the June 20, 2023 decree. If the French government wishes to adopt a new decree, it must notify its draft to the Commission and respect the timelines imposed by European Union law.
