G/TBT/N/FRA/227  
11 January  2023 
(23-0297) 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:  
MTES/DGPR/SRSE/SDDEC/BPLG  
Direction générale de la prévention des risques (Directorate -General for Risk Prevention) 
/ Bureau de la prévention des déchets et de la lutte contre le gaspillage  (Office for Waste 
Prevention and Combating Wastefulness)  
Tour Sequ oia 
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 [ ], 3.2 [ ], 7.2 [ ], 
other:  
4. Products covered (HS or CCCN where applicable, otherwise national tariff 
heading . ICS numbers may be provided in addition, where applicable) : Sale of 
fruit and vegetables in stores, on stalls and at markets  
5. Title, number of pages and languag e(s) of the notified document : Décret relatif à 
l'obligation de présentation à la vente des fruits et légumes frais non-transformés sans 
conditionnement composé pour tout ou partie de matière plastique  (Decree concerning 
the mandatory display for sale of u nprocessed fresh fruit and vegetables without 
packaging made entirely or partly of plastic) (3 pages, in French)  
6. Description of content : The notified Law to combat wastefulness and the circular 
economy, of 1 0 February 2 020, establishes that retail stor es displaying unprocessed fresh 
fruit and vegetables for sale will be required, as from 1 January 2 022, to display such 
products for sale without plastic packaging (Article 77 of the Law) . The notified Law also 
specifies that this obligation does not apply  to fruit and vegetables packed in batches 
exceeding 1.5  kg, or fruit and vegetables presenting a risk of deterioration when sold 
loose, the list of which is established by decree.  
The draft decree defines the list of fruits and vegetables presenting a ris k of deterioration 
when sold loose that are exempt from this obligation.  
7. Objective and rationale, including the nature of urgent problems where 
applicable : In order to assist businesses with the implementation of the ban on 
presenting unprocessed fresh  fruit and vegetables for sale in plastic packaging, the French 
Government adopted Decree No. 2021-1318 of 8 October 2 021, which provided for these 
bans to be phased in between 2022 and 2026 for the most fragile fruit and vegetables.  
This Decree was the subject of notification No. 2021/149/F under Directive  (EU) 
2015/1535 of the European Parliament and of the Council of 9  September  2015, laying G/TBT/N/FRA/227  
- 2 - 
  down a procedure for the provision of information in the field of technical regulations and 
of rules on Information Society services . It was therefore not the subject of a detailed 
opinion.  
A number of appeals were referred to the French Council of State concerning this Decree 
and it was annulled on 9  December  2022 (Decisions Nos. 458440, 459332,  459387, 
459398 of 9 December 2 022), as the Council considered the law did not allow for a gradual 
entry into force of the bans.  
Therefore, the draft decree that is the subject of this notification amends the dates of the 
phased entry into force for certain fruits and vegetables covered by Decree No.  2021-
1318 of 8 October 2 021, pursuant to the decision of the French Council of State ; 
Protection of the environment.  
8. Relevant documents:  
- 16th paragraph of section III of Article L. 541 -15-10 of the Environmental Code  
9. Proposed date of adoption : 16 March 2 023 
Proposed date of entry into force : 17 March 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/gro wth/tools -
databases/tris/fr/search/?trisaction=search.detail&year=2022&num=863