A postponement seems likely on the ban on plastic packaging
France
Tuesday 29 November 2022
FJ
Since January 1, 2022 the ban had come into force but a request for cancellation of the implementing decree was requested from the Council of State (Photo: ecommercemag.fr).
In France, the law concerning the phasing out of plastic packaging for fruit and vegetables has entered into force. But a cancellation request is now in progress.
As part of the Agec law (Anti-waste and circular economy), the decree implementing the law of October 8, 2021 indicated the entry into force of the ban on plastic packaging for fruit and vegetables staggered between 2022 and 2026 according to products. But the text of the law specified 'list' of fruits and vegetables and not 'calendar'. This irregularity is deemed sufficient to invalidate the decree.
A request for cancellation of the implementing decree has been requested from the Council of State, the highest administrative court in France, which should render its decision soon.
Since January 1, 2022, the ban has come into force and the implementing decree has been the subject of numerous appeals by plastics professionals and fruit and vegetable professionals. Invoking in particular the obstacle to the free movement of goods, the distortion of competition, the endangerment of the plastic and fruit/vegetable sectors, and finally the procedural defect which now has a chance of succeeding.
source : lemonde.fr, reporterre.net