French ban on plastic packaging for fruit and vegetables is illegal

France has faced backlash, including potential legal action, for prematurely passing a decree to ban the retail sale of fresh produce in plastic, a move contradicting a European regulation in the works. The French Council of State has identified the decree as having a 'substantial defect,' highlighting the conflict with the upcoming European regulation and the potential for disunity in standardizing packaging restrictions. The decree has sparked concerns and additional costs for the plastic packaging industry and certain fruit producers, with estimates of up to 12 million euros for peach and apricot producers. The situation underscores the challenges countries face in navigating the complex interplay between environmental regulations, economic impacts, and European union harmonization efforts.

Although France sent its draft decree to the European Commission in December 2022, the European Commission had asked France to wait a year before adopting it. A new European regulation providing for specific restrictions on the use of certain types of unnecessary packaging was being negotiated - this was finally adopted in spring 2024. Despite this request for a mandatory postponement, the French government adopted the decree on 20 June 2023. According to the French Council of State, the premature adoption constitutes a 'substantial defect', as it prevents the European Commission and the Member States from proposing common or harmonised standards for the subject matter covered by the planned measure. If the government wishes to issue a new implementing decree, it must first inform the European Commission of its intention and respect the deadlines imposed by the legislation before adopting the decree. In addition to the two unions of plastic packaging manufacturers, three major ...