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Tuesday, February 21, 2023European Commission

EU infringement procedure against Triman and info-tri

Une procédure d'infraction européenne contre le Triman et l'info-tri

On 15 February 2023, the European Commission announced that it had opened an infringement procedure by sending a letter of formal notice to France for failure to address its labelling requirements concerning waste sorting instructions. The Triman and the info-tri are particularly targeted.

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To be placed on the French market, household products belonging to an extended producer responsibility (EPR) scheme have to be materially labelled with the “Triman logo”, signage informing that the product is the object of sorting rules, and the “info-tri”, information specifying the methods for sorting, the Commission recalls.
The Commission develops two arguments against this measure.

An undermining the principle of free movement of goods
The Commissions states that the French provision of waste sorting instructions to consumers is currently not governed by harmonised EU rules. National laws adopted in this field shall not create unnecessary burden internal market trade. In this context, the imposition of national-specific labelling requirements risks undermining the principle of free movement of goods.

An increased material and additional waste
In addition, the Commission considers that such measures can lead to counterproductive environmental effects, to increased material needs for additional labelling and additional waste produced due to larger than necessary sizes of the packaging.

“The French authorities do not seem to have conducted a sufficient analysis of the proportionality of their policy choice as other suitable options, less restrictive of trade between Member States, are available,” the Commission says.

France now has two months to …

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