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Sustainability Services | Regulatory Update | December 2022

Contents by Eurofins SL&TH Regulatory Services Team


Mandatory environmental information in consumer products

A product’s environmental qualities and characteristics are very relevant to consumers. It will therefore be mandatory for all consumer products placed in the French market in 2023.

According to Decree 2022-748 of 29 April 2022 relating to consumer information on the environmental qualities and characteristics of waste-generating products, these obligations will come into force gradually.

Below is a summary table with the main dates and turnover of the companies:

Environmental characteristics of waste-generating products
Date For producers, importers and any other marketers
Annual turnover Responsible annually
From 1 January 2023 >50 million euros >25,000 units of the products
They are not applicable to products for which the last unit is placed on the market between January 1 and March 31, 2023.
From 1 January 2024 > 20 million euros >10,000 units of the products
From 1 January 2025 >10 million euros >10,000 units of the products


This information shall be available in a dematerialised format, accessible free of charge at the time of purchase and reusable so as to allow aggregation.

The producer or importer shall make available the information provided on a dedicated website or internet page comprising a sheet entitled “product sheet relating to the qualities and environmental characteristics” so as to allow direct research and queries on the internet as well as the extraction of data for possible automated processing of the information presented.

For more information, consult the Ministry of Energy Transition’s website here.


News on plastic tax

From 1st January 2023, the new environmental tax that applies to non-reusable plastic containers will come into force. Through Law 7/2022, of April 8, on waste and contaminated soils, the new special tax on non-reusable plastic containers has been established, which is related to the Law on packaging and packaging waste. The main changes are related to the incorporation of the special tax on non-reusable plastic containers. The following bullet points summarise the most important changes:

  • The tax will aim to promote the prevention of the generation of non-reusable plastic packaging waste, as well as promote the recycling of plastic waste, contributing to the circularity of this material.
  • The definition of hazardous waste of sanitary origin has been incorporated, which is exempt from the tax.
  • The time in which the exemption from the tax on containers within the scope of application that have been imported or acquired intra-community, and which weigh 5kg or less, has been limited to one month.
  • Recycled plastic certified by the UNE-EN 15343-2008 standard is accepted, as well as that from duly certified chemical recycling.
  • Date of entry into force: 1st January 2023.

If you need information or have questions about the procedures related to the new tax, consult the new documents published on the Tax Agency website, here.


Updates related to waste packaging

The latest publications in relation to waste packaging and Producer Responsibility Obligations are summarised in the table below:

Date Code Publication
27/10/2022 S.I. 2022 No.286 The Producer Responsibility Obligations (Packaging Waste) (Amendment) Regulations (Northern Ireland) 2022

These Regulations set an overall recycling target and material-specific recycling targets for 2023 for obligated producers in Northern Ireland in relation to glass, plastic, aluminium, steel, paper/board and wood.

27/10/2022 S.I. 2022 No. 288 The Waste Management Licensing (Amendment) Regulations (Northern Ireland) 2022

These regulations amend the Waste Management Licensing Regulations (Northern Ireland) 2003 (the 2003 Regulations) and prescribe the accepted technical competencies for the purpose of determining if a person can be deemed a fit and proper person to hold a waste management licence.

27/10/2022 S.I. 2022 No. 289 (C.26) The Waste and Contaminated Land (Amendment) (2011 Act) (Commencement No.3) Order (Northern Ireland) 2022

This order brings into operation sections 4 and 5 of the Waste and Contaminated Land (Amendment) Act (Northern Ireland) 2011 on 2nd January 2023.

09/11/2022 S.I. 2022 No. 330 The Producer Responsibility Obligations (Packaging Waste) Amendment (Scotland) Regulations 2022

These Regulations set an overall recycling target and material-specific recycling targets for 2023 for obligated producers in Scotland in relation to glass, plastic, aluminium, steel, paper/board and wood.



Recent Prop 65 60-Day Notices – PFOA/PFOS

California Proposition 65 is the ‘Safe Drinking Water and Toxic Enforcement Act of 1986’, which has been effective for almost 30 years. Recently, there have been many new 60-day notices concerning Perfluorooctane Sulfonate (PFOS) and Perfluorooctanoic Acid (PFOA). Please see below Table 1 for the recent 60-day notices.

Table 1:

Date Chemical Product AG Number
September 30, 2022 PFOA Microfiber tablecloth 2022-02322
October 10, 2022 PFOS Jackets 2022-02404
October 10, 2022 PFOA Crib mattress pads 2022-02405
October 12, 2022 PFOA Fabric shower liners 2022-02441
October 12, 2022 PFOA Golf umbrellas 2022-02442
October 12, 2022 PFOS Comfort bath pillows 2022-02443
October 17, 2022 PFOS Bibs 2022-02498
October 17, 2022 PFOS Superbibs 2022-02499
October 24, 2022 PFOS, PFOA Waterproof rain jackets 2022-02565
November 8, 2022 PFOA Duffle bags 2022-02711
November 8, 2022 PFOA Jackets 2022-02712
November 8, 2022 PFOA Jackets 2022-02713
November 18, 2022 PFOA, PFOS Jackets 2022-02788


Zero waste claim certified

The new Zero Waste to Landfill Certification Service from Eurofins Assurance helps businesses to substantiate their waste reduction commitments and achieve UN Sustainable Development Goal 12 cost-effectively.

The beauty industry has been making great efforts in introducing more environmental-friendly ingredients, materials and processes in recent years to minimise their impacts on the fragile environment. Looking into measuring and reducing solid waste disposal in the production stages is very important as landfill creates much adverse effects.

Designed for different industries including cosmetic and personal care companies, the Certification takes a laser-focused approach to assess and verify the level of effort taken to minimise waste disposal to landfills by the businesses. Upon completion of the whole audit process, the businesses will be awarded Zero Waste to Landfill Certificates, which will be valid for 12 months.

You can leverage findings from reports to identify gaps and drive improvement, as well as to improve the transparency of your company’s achievement to the public by disclosing fact-based results and certificates, which has become more critical as there are more regulations pressing for corporate due diligence.

More information on the Zero Waste to Landfill Certification Service can be found here.

Allergens testing

Recently, the European Commission published a highly anticipated draft, showing planned amendments to Annex III to Regulation (EC) No. 1223/20093, with a list of a further 46 allergens.

Eurofins has developed a cost-efficient modular testing system to support the demands of our customers. The analysis will be carried out depending on the type of product and its individual analytical requirements, achieved by offering a routine analysis that can also support extended requests within an appropriate time frame.

As a key member of the CEN workshop, our team of experts has installed a state-of-the-art GC-MSD method in the laboratory, according to the latest edition of the norm DIN ISO EN 16274 (Methods for analysis of allergens – Quantification of suspected fragrance allergens in consumer products – GC analysis of ready-to-inject sample). Using the CEN method, compliant with the legislation and tailored to the client’s needs, the laboratory analyses 57 fragrance substances in addition to the ‘classical’ 26 allergens, thereby covering the upcoming expected candidates of the amended Annex III.

There remains a gap between allergens included in the SCCS/1459/11 Opinion and those covered by the CEN scope. As a result, the laboratory has launched an additional testing package, consisting of a further 26 allergens.

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