“Packaging law and practice – legal aspects of ecodesign” – White Paper

2024-01-12 14:46:22

The term “ecodesign” was integrated into the framework of French environmental law thanks to the “Grenelle II” law of July 12, 2010. However, well before that, as early as 1975, the European Union had begun to implement a policy aimed at to harmonize national measures concerning the management of packaging and packaging waste. This initiative aimed to ensure consistent environmental protection across the entire territory of the European Union while guaranteeing the proper functioning of the European internal market for packaging. The harmonization of environmental specifications for packaging aimed to prevent the customs of a Member State from blocking the entry of packaging at their border on the pretext that it did not comply with national environmental rules.

This legal system applies to all packaging placed on the market in a Member State, as well as to all packaging waste, whether it comes from industries, businesses, offices, workshops, service providers. services, households or other sources, regardless of the material of which they are made. The rules for ecodesign of packaging are uniform in all Member States, but the latter have room to maneuver in defining the means to achieve the quantitative objectives for recycling packaging waste generated by households and businesses on their territory. territory. For example, in 1992 and 1994, France chose different approaches to managing packaging waste depending on its origin, whether it came from households or businesses. The management of household packaging waste has been entrusted to eco-organizations, Éco-Emballages being the first of them historically, while the management of professional packaging waste has been placed under the responsibility of companies, although this changes in 2025.

From a legal point of view, ecodesign implies compliance with general regulations, such as reducing the mass and number of packaging, promoting their reuse as much as possible, and thinking regarding their method of disposal. end-of-life treatment (recycling, composting or energy recovery). In this regard, companies have six European standards at their disposal. Although these standards are not mandatory, following their technical guidelines allows you to be presumed to be in compliance with the regulations in force, thus avoiding fines of up to 450 euros per non-compliant packaging seized by authorized agents.

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