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French Environmental Labelling Requirements for Electronic and Electrical Products

Time：

2022-12-13

France issued Decree No. 2022-748, which requires manufacturers, importers, distributors and other relevant marketers to provide consumers with information on the environmental quality and characteristics of products that generate waste.

French Environmental Labelling Act

On April 29, 2022, France issued Decree No. 2022-748, adding articles R.541-220, R.541-221, R.541-222, and R.541-223 to the Environmental Law, requiring manufacturers, importers, dealers, and other relevant marketers to provide consumers with information about the environmental quality and characteristics of products that generate waste.

The environmental labeling requirements will take effect gradually according to the size of the enterprise, and the products and packaging will enjoy the inventory disposal period until January 1, 2023.

Control the products and packaging from the following aspects:

Repairability (electronic and electrical)
Sustainability (E&E)
Presence of precious metals and rare earth metals (electronic, electrical and vehicle)
Hazardous substances (substances, mixtures and articles under REACH definition)
Recyclability (electronics, batteries, textiles, toys, packaging, building materials, chemicals, furniture, sports and leisure products, vehicles, DIY and gardening products)
Proportion of recycled materials used (electronics, batteries, packaging, textiles, chemicals, sports and leisure products, vehicles, DIY and gardening products, etc.)
Reuse possibility (packaging)
Compostability (biological waste packaging)
Use renewable resources (building materials for families or professionals)
Traceability (clothing products, textiles, footwear or household linens)
Presence of plastic microfibers (clothing products, textiles, footwear or household linens)

Relevant regulations for electronic and electrical products

For electronic and electrical products, the maintainability index shall be reflected in the form of durability index from January 1, 2024, which shall be marked on the product or package, and displayed near the price if it is sold online.

When using recycled materials, it is necessary to provide consumers with information about the use of recycled materials. "The product contains at least [%] of recycled materials" or "The package contains at least [%] of recycled materials". If the product does not contain recycled materials, it may not reflect any information, or it may voluntarily identify "the product without recycled materials".

When the five conditions for recycling are met, recyclability information needs to be provided to consumers; When recyclable materials account for more than 50%, "most recyclable products" or "most recyclable packaging" shall be marked; If the recyclable materials account for more than 95%, it can be identified as "fully recycled products"; If more than 50% of the materials are re integrated into the same product, it can be identified as "products can be recycled to products of the same nature" or "packaging can be recycled to packaging of the same nature"

In addition, the following requirements for hazardous substances, precious metals and rare earth metals should be focused:

Project	Directive Requirements	Citation of Statutes
Noble metal	If the product contains more than 1 mg of precious metals, it is required to declare that it contains at least [X mg] of precious metals (gold, silver, platinum, palladium)	Art.L 541-10-1
Rare earth metal	If the product contains more than 1 mg of rare earth metals, it should be declared that it contains at least [X mg] of rare earth metals (scandium, yttrium, lanthanum, cerium, praseodymium, neodymium, promethium, samarium, europium, gadolinium, terbium, dysprosium, holmium, erbium, thulium, ytterbium, lutetium)	Art.L 541-10-1
Hazardous substances	Mainly SVHC candidate substances. If the content is greater than 0.1%, it is necessary to declare "SVHC contained" and the name of each hazardous substance	Art.L 541-9-1 Decree 2021-1285 REACH: EC 1907/2006

After the electronic products are disassembled as required, the content of precious metals, rare earth metals and SVHC in the corresponding materials shall be tested in groups, and the measured out of limit products shall be declared to the public by electronic means.

Phased implementation time of laws and regulations

See the following table for the phased implementation time of Decree 2022-748:

Implementation time	Condition
January 1, 2023	Annual revenue>50 million euros, and at least 25000 units are put into the national market
January 1, 2024	Annual revenue>20 million Euros, and at least 10000 sets in the national market
January 1, 2025	Annual revenue>10 million Euros, and at least 10000 sets in the national market
January 1, 2024	Product: -Building materials -Toys -The annual income of passenger cars, freight cars and motor vehicles (2, 3 or 4 wheels) is more than 20 million euros, and at least 10000 vehicles are put into the national market
January 1, 2025	Product: -Building materials -Toys -The annual income of passenger cars, freight cars and motor vehicles (2, 3 or 4 wheels) is more than 10 million euros, and at least 10000 vehicles are put into the national market

Link to original regulations:

https://www.legifrance.gouv.fr/jorf/id/JORFTEXT000045726094