SG 128/23
France annuls Order of November 30, 2020 relating to the penalty for using signs and markings that could lead to confusion when sorting products within the household packaging EPR scheme.
Order of November 2020 covers graphic elements for recycling, represented by two or more arrows rolled up and inscribed in a circle. It indirectly but unequivocally targeted the ‘green dot’ signage that is commonly used in many European countries.
In February 2021, several French federations filed a request with the Council of State to suspend execution of Decree of December 25, 2020, until a decision was made over its legality. A decision was made in March 2021 and the Council of State suspended application of penalties from January 2021.
On July 6, 2023, the French Supreme Administrative Court, Conseil d’État, made a decision over its legality and officially canceled Order of November 2020 relating to signs and markings that could lead to confusion over the sorting rule. Indeed, they determined the penalty on the ‘green dot’ was not legal between January 2021 and January 2022.
They also canceled the provisions of 4°- II of the annex to Decree of December 25, 2020, that amended the specifications for eco-organizations of household packaging EPR schemes that provided for the application of a doubling of the eco-contribution (penalties) on household packaging where there are signs or markings that could lead to confusion about the sorting rule. This provision, imposed for reasons of environmental protection, should have been notified to the European Commission since it is likely to significantly influence the marketing of the products concerned.
For the time being therefore, the green dot is not penalized in France. However, despite the decree’s cancellation, use of the green dot is still not recommended. Moreover, it is prohibited in Spain according to Decree 1055/2022.
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