G/TBT/N/FRA/223  
3 March  2022 
(22-1978) Page: 1/2 
Committee on Technical Barriers to Trade  Original:  French  
 
  
NOTIFICATION  
The following notification is being circulated in accordance with Article 10.6.  
 
1. Notifying Member : FRANCE  
If applicable, name of local government involved (Articles 3.2 and 7.2):  
2. Agency responsible:  
Ministère de la transition écologique  (Ministry for Ecological Transition)  
Direction générale de la prévention des risques - Bureau de la prévention des déchets et 
des filières à responsabilité élargie du producteur , BPREP (Directorate -General for Risk 
Prevention, Office for Waste Prevention and Sectors of Extended Producer 
Responsibility)  
Tour Séquoia  
92055 La Défense Cedex  
 
Name and address (including telephone and fax numbers, email and website 
addresses, if available) of agency or authority designate d to handle comments 
regarding the notification shall be indicated if different from above:  
3. Notified under Article 2.9.2 [X], 2.10.1 [ ], 5.6.2 [ ], 5.7.1 [ ], other:  
4. Products covered (HS or CCCN where applicable, otherwise national tariff 
heading . ICS numbers may be provided in addition, where applicable) : Packaging  
5. Title, number of pages and language(s) of the notified document : Decree on the 
minimum proportion of re -used packaging to be placed on the market annually (5 pages, 
in Frenc h) 
6. Description of content : The decree defines for the years 2023 to 2027 the minimum 
proportion of re -used packaging to be placed on the market annually in France in order 
to achieve the re -use objectives established by Article L. 541 -1 of the Environm ent Code, 
namely 5% in 2023 and 10% in 2027.  
It specifies the producers concerned and provides for the possibility for these producers 
to group together in a collective structure or use their eco -organization as a basis to fulfil 
their obligation with rega rd to re -used packaging . The possibility for producers to use the 
eco-organization to which they already belong as the basis for extended producer 
responsibility (EPR) through the payment of an eco -contribution will greatly facilitate the 
implementation of  this new requirement . In return, the decree specifies that eco -
organizations licensed for packaging shall be responsible for developing the re -use of 
packaging for producers.  
This decree will enter into force on 1 January 2 023. 
7. Objective and rationale, including the nature of urgent problems where 
applicable : The prevention of waste, including re -use, is part of a strategy of transition 
to the circular economy and represents a priority of the French authorities . Law No. 2020-
105 of 1 0 February  2020 on combating waste and on the circular economy introduces 
numerous provisions aimed at increasing re -use, in particular the re -use of packaging . It G/TBT/N/FRA/223  
- 2 - 
  thus provides for setting a minimum proportion of re -used packaging to be placed on the 
market in Fran ce annually . In order to achieve this objective, it also establishes an 
obligation for packaging producers to comply with this proportion on average for the 
products they place on the market . The provisions of the draft decree specify how these 
new arrange ments  will be applied ; Environmental protection.  
8. Relevant documents:  
Articles 9 and 67 of Law No. 2020-105 of 1 0 February 2 020 on combating waste and on 
the circular economy  
9. Proposed date of adoption : 3 April 2 022 
Proposed date of entry into force : 1 January 2 023 
10. Final date for comments : 60 days from the date of notification  
11. Texts available from:  National enquiry point [X] or address, telephone and fax 
numbers and email and website addresses, if available, of other body:  
https://members.wto.org/crnattachments/2022/TBT/FRA/22_1901_00_f.pdf