G/TBT/N/FRA/216  
3 February  2022 
(22-0811) 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 designated  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, 
printed matter distributed to the public  
5. Title, number of pages and language(s) of the notified document : Arrêté précisant 
les substances contenues dans les huiles minérale s dont l'utilisation est interdite sur les 
emballages et pour les impressions à destination du public  (Order specifying the 
substances contained in mineral oils the use of which is prohibited in packaging and in 
printed matter distributed to the public) (3  pages, in French)  
6. Description of content : Article 112 of Law No. 2020-105 of 1 0 February 2 020 on 
combating waste and on the circular economy provided for a gradual ban on the use of 
mineral oils in packaging and printed matter distributed to the publi c. The conditions for 
the implementation of this prohibition were specified under Decree No. 2020-1725 of 2 9 
December 2 020 (Articles D. 543 -45-1 and D. 543 -213 of the Environmental Code), which 
targeted mineral oils containing substances that disrupt the recycling of waste or limit the 
use of recycled materials because of the risks they pose to human health.  
The purpose of the draft Order is to define the substances concerned on the basis of the 
opinion of the National Agency for Health and Foo d, Environmental and Occupational 
Safety (ANSES) of 8 March 2 017 on the migration of mineral oil compounds from recycled 
paper and cardboard packaging to foodstuffs.  
On the basis of this opinion, it defines the types of substances concerned, mineral oil 
aromatic hydrocarbons (MOAH) and mineral oil saturated hydrocarbons (MOSH), 
depending on their molecular structures . In line with the ANSES opinion referred to above, 
which considers the potential risks associated with these two categories of mineral oil, 
the draft Order defines the mass concentration thresholds above which the prohibition G/TBT/N/FRA/216  
- 2 - 
  principle will apply as of 2023 . These requirements will be reinforced as of 1 January 
2025. 
7. Objective and rationale, including the nature of urgent problems where 
applicable : Improving recycling and preventing risks to human health, including by 
limiting dangerous substances contained in packaging or in printed matter distributed to 
the public, is part of the strategy of the transition towards a circular economy and  is a 
priority for the French authorities . Law No. 2020-105 of 1 0 February 2 020 on combating 
waste and on the circular economy introduces numerous provisions aimed in particular at 
improving the recyclability of products placed on the market by producers o r contractors . 
In order to limit the risks posed to human health and to promote the use of materials 
from recycled packaging or paper, it provides for a gradual ban on mineral oils in 
packaging and then in printed matter distributed to the public . The dang er of these 
substances and the risk of their migration from packaging containing recycled paper or 
cardboard to foodstuffs were highlighted by ANSES in its opinion of 8 March 2 017. The 
provisions of the draft Order specify the substances concerned in a gra dual manner over 
time. The designated substances and their limits are based on the ANSES opinion of 8 
March 2 017. Provision is also made for the disposal of stocks ; Other 
8. Relevant documents:  
Article 112 of Law No. 2020-105 of 1 0 February 2 020 on combating waste and on the 
circular economy  
Articles D. 543 -45-1 and D. 543 -213 of the Environmental Code  
9. Proposed date of adoption : 30 June 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 [ ] or address, telephone and fax 
numbers and email and website addresses, if available, of other body:  
https://ec.europa.eu/growth/tools -
databases/tris/fr/search/?trisaction=search.detail&year=2022&num=4