France to Specify Products Subject to EPR for Packaging Used by Caterers

On 8 June 2023 France announced a draft Order Relating to the Packaging of Products Likely to be Consumed or Used by Households and Professionals Engaged in Catering and the Packaging of Products Consumed or Used Specifically by Professionals Engaged in Catering. The text specifies products that will be subject to the special extended producer responsibility (EPR) scheme for packaging used by professionals involved in catering activities. The public consultation on the draft will be held until 6 July 2023.

3E Review

The newly announced draft order defines the characteristics of packaging considered as intended specifically for professionals involved in catering activities subject to the special EPR scheme (Article L. 541-10-1, point 2 and Decree No. 2023-162). In particular, the draft defines the packaging used for catering as:

• primary packaging within the meaning of Article R. 543-43-II of the Environment Code (i.e., packaging designed to constitute, at the point of sale, an item intended for the end user or consumer) and
• packaging which has the characteristics listed in the annex to this order.

Thus, the draft appendix lists 51 product categories whose packaging will be subject to the special catering EPR scheme. The list includes, among others, the packaging of the following products:

• Savory and sweet biscuits: >1.2 kg
• Flour, pasta, rice, and sugar: >5 kg
• Spices: >250 g
• Canned vegetables and canned fish: >1.2 kg
• Edible oils: >3 L
• Ready-to-eat or ready-to-use: >1.5 kg
• Beer: >9 L
• Catering products, ready-to-eat meals, and meats to be reheated: >1.2 kg

The volume (or mass) specified in the draft annex is not an absolute criterion, since the text also provides the possibility for the packaging producer to prove the following information:

• Specified packaging shall not be subject to the special catering EPR if at least half of the volume is not intended for catering professionals.
• Mixed packaging (i.e., packaging above the specified volume (or mass)) shall be subject to the special catering EPR (i.e., to be assimilated packaging used for catering).

At the same time, France announced a draft decree to lay down detailed specifications for the functioning of the approved producer responsibility organizations (PROs).

3E Analysis

There is no information when the draft order will be finalized. If adopted, the text is expected to become effective on the day following its publication in the French Official Journal.

Stakeholders may submit comments via the French public consultation portal until 6 July 2023.