Regulation and practices regarding packaging - Legislation on eco-design

The term ecodesign entered French environmental law with the "Grenelle II" law of July 12, 2010.

Long before, in 1975, the European Union had launched a policy of harmonizing national measures concerning the management of packaging and packaging waste, in order to ensure consistent environmental protection throughout the European Union and to guarantee the functioning of the European internal market for packaging: by harmonizing the environmental specifications of packaging, it is possible to prevent the customs authorities of a member state from blocking packaging at their border on the grounds that it does not comply with their national environmental rules.

The legal system applies to all packaging placed on the market in a Member State and to all packaging waste, whether used or disposed of by industry, commerce, offices, workshops, service providers, households or others, and irrespective of the materials from which it is made.

Packaging ecodesign rules are the same for all member states. However, they are free to set their own targets for the quantitative reprocessing of packaging waste thrown away by households and businesses on their territory. In 1992 and 1994, France chose different systems for managing packaging waste, depending on whether it came from households or businesses. The management of household packaging waste was entrusted to eco-organizations (Eco-Emballages being the first historically), while that of professional packaging waste was placed under the responsibility of companies; this will no longer be the case in 2025.

In legal terms, eco-design means complying with general regulatory requirements: reducing the mass and number of packaging items, developing their reusability wherever possible, and considering end-of-life recovery methods (recycling, composting or energy recovery). Six European standards are available for this purpose. They are not mandatory, but by following their technical specifications, you are legally presumed to be in compliance with regulatory requirements, and thus avoid a fine of up to 450 euros per non-compliant packaging seized by authorized agents.