Blog in Bike Europe: The French Triman logo: Is the bicycle industry prepared?

By Rutger Oldenhuis

In France, a law on product labelling recently entered into force, which is causing quite a stir. The law may have major consequences for companies selling consumer products in France, including bicycles. An informal ‘round the table’ with various sources suggests, however, that this new French law is not known yet to everyone in the bicycle industry. So, what is it about?

Triman logo + Sorting Information

As of 1 January 2022, a law has entered into force in France that requires companies to place the so-called Triman logo on products or packaging that are subject to ‘Extended Producer Responsibility’ (EPR). The Triman logo has been mandatory in France since 2015, but the number of products involved was limited and the logo was also allowed to ‘only’ be placed on the website. However, the new law goes a lot further.

The Triman logo has been mandatory in France since 2015.

Firstly, the list of products that fall under the EPR has been substantially extended. For example, sports equipment, including bicycles, as well as textile clothing, shoes, batteries, and accumulators, are now also included. And since all packaging – including non-recyclable – now also falls under the French EPR scheme, most companies selling in France will be affected by the new legislation.

Secondly, in addition to the Triman logo, so-called ‘Sorting Information’ must be depicted. That means that symbols indicate how consumers should separate the waste from the product and where to dispose of it. If different elements, parts or waste of the product are subject to different disposal procedures, they should be specified element by element.

The requirements of the new French labelling legislation are no sinecure and should not be underestimated. Companies that sell products throughout Europe must adjust their labelling specifically for France. That entails an enormous burden and increase in costs. Large multinationals may – reluctantly – absorb this, but for SMEs, that may not be so easy. Moreover, extra labelling creates more waste, whereas companies – encouraged by the EU Commission – need to reduce their carbon footprint.

Violation of the EU Treaty

But how about the European Union’s Holy Grail: the single market? Doesn’t this new French law create an obstacle to the free movement of goods? Can France impose these additional labelling requirements, just like that? Good questions. It is true that, under certain circumstances, an EU Member State may not simply introduce national legislation if it creates an obstacle to the free movement of goods unless there would be a justification. The key question is therefore whether France has a justification for imposing these draconian labelling requirements. The French legislators think they do, invoking the protection of the environment. The European Commission, on the other hand – spurred on by a large number of business associations – does not, but to date, it has not gone so far as to start infringement proceedings against France.

To comply or not to comply

Although many sources claim the new labelling requirements to be mandatory, the French law actually allows for different labelling than the Triman logo. More importantly, it is likely violating the EU Treaty. That triggers the question for businesses of whether or not to comply with it. Although the French legislator has chosen a relatively mild sanction regime, you can never be sure if your products would ultimately be banned from the market. On the other hand, would France really be confident enough to let it come to legal proceedings now that the labelling requirements are likely to violate the EU Treaty? Tough call! On the bright side, France has made an important exception: wine is excluded from the new labelling requirements. However, I am afraid it will not make the headache any less.

Blog in Bike Europe: The French Triman logo: Is the bicycle industry prepared?

By Rutger Oldenhuis LLM

In France, a law on product labelling recently entered into force, which is causing quite a stir. The law may have major consequences for companies selling consumer products in France, including bicycles. An informal ‘round the table’ with various sources suggests, however, that this new French law is not known yet to everyone in the bicycle industry. So, what is it about?

Triman logo + Sorting Information

As of 1 January 2022, a law has entered into force in France that requires companies to place the so-called Triman logo on products or packaging that are subject to ‘Extended Producer Responsibility’ (EPR). The Triman logo has been mandatory in France since 2015, but the number of products involved was limited and the logo was also allowed to ‘only’ be placed on the website. However, the new law goes a lot further.

The Triman logo has been mandatory in France since 2015.

Firstly, the list of products that fall under the EPR has been substantially extended. For example, sports equipment, including bicycles, as well as textile clothing, shoes, batteries, and accumulators, are now also included. And since all packaging – including non-recyclable – now also falls under the French EPR scheme, most companies selling in France will be affected by the new legislation.

Secondly, in addition to the Triman logo, so-called ‘Sorting Information’ must be depicted. That means that symbols indicate how consumers should separate the waste from the product and where to dispose of it. If different elements, parts or waste of the product are subject to different disposal procedures, they should be specified element by element.

The requirements of the new French labelling legislation are no sinecure and should not be underestimated. Companies that sell products throughout Europe must adjust their labelling specifically for France. That entails an enormous burden and increase in costs. Large multinationals may – reluctantly – absorb this, but for SMEs, that may not be so easy. Moreover, extra labelling creates more waste, whereas companies – encouraged by the EU Commission – need to reduce their carbon footprint.

Violation of the EU Treaty

But how about the European Union’s Holy Grail: the single market? Doesn’t this new French law create an obstacle to the free movement of goods? Can France impose these additional labelling requirements, just like that? Good questions. It is true that, under certain circumstances, an EU Member State may not simply introduce national legislation if it creates an obstacle to the free movement of goods unless there would be a justification. The key question is therefore whether France has a justification for imposing these draconian labelling requirements. The French legislators think they do, invoking the protection of the environment. The European Commission, on the other hand – spurred on by a large number of business associations – does not, but to date, it has not gone so far as to start infringement proceedings against France.

To comply or not to comply

Although many sources claim the new labelling requirements to be mandatory, the French law actually allows for different labelling than the Triman logo. More importantly, it is likely violating the EU Treaty. That triggers the question for businesses of whether or not to comply with it. Although the French legislator has chosen a relatively mild sanction regime, you can never be sure if your products would ultimately be banned from the market. On the other hand, would France really be confident enough to let it come to legal proceedings now that the labelling requirements are likely to violate the EU Treaty? Tough call! On the bright side, France has made an important exception: wine is excluded from the new labelling requirements. However, I am afraid it will not make the headache any less.