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Sustainability Services | Regulatory Update | January 2024

Sustainability, circular economy and environment

The table below summarises the most recent publications regarding the environment, circular economy, and sustainability (non-exhaustive):

Entity Date Publication
European  Commission 28/11/2023 EU forests – new EU Framework for Forest Monitoring and Strategic Plans

The aim is to develop an EU-wide forest observation framework to provide to detailed, accurate, regular, and timely information on the condition and management of EU forests, and on the many products and ecosystem services that forests provide.

This adopted act is open for feedback until 7 February 2024. All feedback received will be summarised by the European Commission and presented to the European Parliament and Council with the aim of feeding into the legislative debate.

European Commission 01/12/2023 New product priorities for Ecodesign for Sustainable Products

The aim is to make products sold in the EU subject to the Ecodesign  requirement (performance and information-related) to ensure greater sustainability.

Commission adoption is planned for first quarter 2024.

European Council 7/12/2023 Net-Zero Industry Act: Council adopts position to boost technologies for the green transition

The Council has adopted its position supports the main objectives of the Net-Zero Industry Act, but introduces several improvements, such as enlarging the scope of application, and clarifying the rules for permit-granting procedures, access to market and public procurement and promoting skills, and research and innovation.

European Council 09/12/2023 Artificial intelligence act: Council and Parliament strike a deal on the first rules for AI in the world

The Council presidency and the European Parliament’s negotiators have reached a provisional agreement on the proposal on harmonised rules on artificial intelligence (AI). The AI act has the main idea is to regulate AI based on the latter’s capacity to cause harm to society following a ‘risk-based’ approach: the higher the risk, the stricter the rules.

French Ministry of Ecological Transition 10/12/2023 Order of December 7, 2023 laying down specifications for eco-organizations and individual systems in the extended responsibility sector for producers of household packaging, printed paper and graphic papers

This decree defines the obligations of eco-organisations to contribute to or provide for the collection, recycling and reuse of waste from household packaging, printed paper and paper for graphic use. It also defines the specifications for individual systems put in place, where applicable, by producers to individually fulfill their extended responsibility obligations.

European Council 14/12/2023 Corporate sustainability due diligence: Council and Parliament strike deal to protect environment and human rights

The due diligence directive will set obligations for large companies regarding actual and potential adverse impacts on human rights and the environment, with respect to their own operations, those of their subsidiaries, and those carried out by their business partners.

European Council 18/12/2023 Packaging and packaging waste: Council adopts its negotiating position on new rules for more sustainable packaging in the EU

The Council has reached an agreement on a proposal for a regulation on packaging and packaging waste. The aim is to minimise packaging waste generated in the EU.

The proposal will serve as a mandate for negotiations with the European Parliament on the final shape of the legislation.

Main changes agreed by the Council are:

  • Reducing and preventing the generation of packaging waste
  • Sustainability requirements and recyclable packaging
  • Packaging waste reduction targets
  • Reusable packaging and re-use targets
  • Deposit return schemes (DRS)
  • Restrictions on certain packaging formats
  • Labelling of packaging (information about the material composition of packaging and its proper disposal when it becomes waste)
  • Strengthening the obligations of logistical service providers to ensure producers using such services do not avoid their extended producer responsibility (EPR) obligations.
  • Maintaining most of the obligations for operators, manufacturers, importers and distributors as set out by the Commission’s proposal.
  • ·Extending the date of application of the regulation to 18 months after its entry into force.

The proposal will serve as the Council’s mandate for negotiations with the European Parliament on the final shape of the legislation. The outcome of the negotiations will have to be formally adopted by the Council and the Parliament.

For more information, consult the European Council website here.

European Council 22/12/2023 Products fit for the green transition: Council and Parliament conclude a provisional agreement on the Ecodesign regulation

The Council and the Parliament have reached a provisional political agreement on the proposed regulation establishing a framework for setting ecodesign requirements for sustainable products.

The ecodesign regulation would be applicable to almost all categories of products (i.e. dishwashers, televisions, windows, car chargers, etc). It establishes a harmonised framework for setting of requirements for specific product groups to make them not only energy and resource-efficient (as it was the case in the existing 2009 directive) but also more durable, reliable, reusable, upgradable, reparable, recyclable and easier to maintain. The Commission will be able to propose new requirements by delegated acts when new kinds of products or technologies call for it.

European Council 22/12/2023 Council and Parliament strike provisional deal on design protection package

The Council and the European Parliament have reached a provisional deal on the revision of the two legislative proposals of the designs package: the directive for the legal protection of designs and the regulation on Community designs. The new texts update the 20-year-old design legislation, aiming to facilitate the protection of industrial designs and adapt EU law in this area to the challenges of a digital and 3D-printing world.

International Organization for Standardization (ISO) In 2023 In 2023, the International Organization for Standardization (ISO) introduced several standards related to microplastics from textile sources.

These standards describe methods and qualitative-quantitative analytical evaluation of microplastics.

The standards are:

  • ISO 4484-1:2023 Microplastics from textile sources. Part 1: Determination of material loss from fabrics during washing.
  • ISO 4484-2:2023 Microplastics from textile sources. Part 2: Qualitative and quantitative analysis of microplastics.
  • ISO 4484-3:2023 Microplastics from textile sources. Part 3: Measurement of collected material mass released from textile end products by domestic washing method.

 

Provisional agreement for ecodesign requirements and sustainable products

On 5th  December 2023, the European Council and the Parliament reached a provisional political agreement on the proposed regulation establishing a framework for setting ecodesign requirements for sustainable products.

Priority will be given to highly impactful products, including textiles (especially garments and footwear), furniture (including mattresses), iron and steel, aluminium, tyres, paints, lubricants and chemicals, as well as energy related products, ICT products and other electronics.

The new ecodesign requirements relate to:

  • Product durability, reusability, upgradability, and repairability
  • Presence of chemical substances that inhibit reuse and recycling of materials
  • Energy and resource efficiency
  • Recycled content
  • Carbon and environmental footprints
  • Available product information, in particular a Digital Product Passport.

On other hand, the co-legislators introduced a direct ban on the destruction of unsold textiles and footwear products.

The new regulation will replace the current Ecodesign Directive 2009/125/EC, which established energy efficiency requirements covering 31 product groups.

For more information, consult the European Commission publication here.

European rules on recycled plastic content in single-use plastic beverage bottles

On the 1st of December 2023, the European Commission published the Commission Implementing Decision (EU) 2023/2683 of 30 November 2023 laying down rules for the application of Directive (EU) 2019/904 of the European Parliament and of the Council as regards the calculation, verification and reporting of data on recycled plastic content in single-use plastic beverage bottles.

Member States are to report to the Commission information on recycled plastic content in PET bottles and in all beverage bottles to demonstrate the attainment of the targets of recycled plastic content according to sets by Directive (EU) 2019/904.

Member States shall calculate:

  • The weight of the plastic parts of beverage bottles placed on the market.
  • The weight of recycled plastic in beverage bottles placed on the market.
  • The resulting proportion of recycled plastic content in beverage bottles placed on the market.

Member States report the data and shall submit the quality check report in the format laid down in Annex II and III of this Decision every year.

For more information, please consult the official publication on the European Commission website here.

France | Relevant publication related to ERP and AGEC Law

The latest publications in relation to Extended Producer Responsibility (ERP) and AGEC Law by French Ministry of Ecological Transition are summarised in the table below:

Date Publication
10/11/2023 Order of November 10, 2023 laying down various provisions relating to funds dedicated to financing the repair, reuse and reuse of products falling under the principle of extended producer responsibility

 

This decree modifies the specifications of the sectors with extended responsibility of the producer of electrical and electronic equipment, sporting and leisure articles and DIY and garden articles concerning the funds dedicated to financing repair and reuse and reuse.

26/11/2023 Order of November 23, 2023 amending the amended order of October 27, 2021 relating to specifications for eco-organizations and individual systems in the extended responsibility sector of the producer of DIY and garden articles

 

This decree supplements the decree establishing specifications for eco-organisations and individual systems of the extended responsibility sector of the producer of DIY and garden items to take into account the provisions of article L. 541-10-4 and R. 541-107 et seq. of the Environmental Code. It thus introduces provisions relating to coordination in the event of approval of several eco-organisations for the same family of DIY and garden items and provides in particular for the creation of an Annex III containing specifications for approval of coordinating bodies.

10/12/2023 Order of December 7, 2023 laying down specifications for eco-organizations and individual systems in the extended responsibility sector for producers of household packaging, printed paper and graphic papers

 

This decree defines the specifications of eco-organisations which must contribute to or provide for the collection, recycling, and reuse of waste from household packaging, printed paper and paper for graphic use. It also defines the specifications for individual systems put in place, where applicable, by producers to individually fulfill their extended responsibility obligations.

14/12/2023 The practical guide to environmental claims was published by the Agence de la transition ecologique (ADEME) with the aim to provide advices to help understand the claims used in consumer products and this way professionals communicate precisely, reliably and deliver information that is relevant to consumers.

 

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