Summer 2022 special
Monday, January 31, 2022France

Carbon neutrality claims: consultation on a French draft decree

Allégations de neutralité carbone : consultation sur le projet de décret

On 20 January 2022, the French Ministry of Ecological Transition launched a public consultation on the draft “Draft decree on carbon offsetting and carbon neutrality claims in advertising”. Its purpose is to set the terms and conditions for the implementation of the communication, on the part of advertisers, of carbon neutrality claims for products and services in order to prevent any risk of greenwashing.

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This draft decree sets out the terms and conditions for the implementation of the communication, by advertisers, of carbon neutrality mentions for products and services, provided for in Article 12 of Law No. 2021-1104 of 22 August 2021 on combating climate change and strengthening resilience to its effects. It also modifies the regulations by creating, in Chapter IX of Title II of Book II of the Environmental Code, a section 7 relating to emission reductions from greenhouse gas offset projects.

The draft decree sets out the terms and conditions for advertisers to communicate on the carbon neutrality of their products or services. It aims to provide for counterparts to these claims, in order to ensure transparency vis-à-vis the public and to prevent any risk of “greenwashing”.

It makes these claims conditional on the production of a greenhouse gas emissions balance. This balance sheet covers the entire life cycle of the product or service being advertised. It shall be carried out in accordance with the requirements of the reference standard ISO 14067, relating to the carbon footprint of products, or any other standard consistent with the requirements of this standard.

This assessment shall be included in a report that also sets …

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