AGEC Law: the new measures
Circular Economy 
Mineral oils on packaging and printing for the public
Publication on 3 May 2022 of the Order of 13 April 2022 specifying the substances contained in mineral oils whose use is prohibited on packaging and in printing for the public. The substances concerned are :
- Until 31 December 2024 :
- Mineral oil aromatic hydrocarbons (MOAH) comprising 1 to 7 aromatic rings;Mineral oil saturated hydrocarbons (MOSH) with 16 to 35 carbon atoms.
- When their concentration by mass in the ink is greater than 1%, they can be used in the following ways
- From 1 January 2025 :
- MOAHs with a mass concentration in the ink of more than 0.1%, or with a mass concentration of compounds with 3 to 7 aromatic rings of more than 1 ppm;
- MOSH with a mass concentration in the ink greater than 0.1%.
Printed packaging and paper manufactured or imported before 1 January 2023 will be allowed to sell off stocks for no more than 12 months from that date.
Consumer information on the environmental qualities and characteristics of waste products
Publication on 30 April 2022 of Decree No. 2022-748 of 29 April 2022 on consumer information on the environmental qualities and characteristics of waste generating products. For the furniture sector, the information to be provided concerns :
- For furniture :
- Rate of incorporation of recycled material: “product with at least [%] recycled material” to be indicated
- Recyclability: the statement to be given depends on the ability of the product to be recycled
- Presence of dangerous substances: “contains a dangerous substance” (substances identified by the decree, issued after the opinion of the ANSES) must be indicated if it is present in a concentration of more than 0.1% by mass, or “contains a substance of very high concern” if the dangerous substance present is contained in the list of SVHCs of the REACh Regulation
The information is completed with the name of each hazardous substance present.
- For packaging used to market products consumed or used by households, including those consumed away from home:
- Rate of incorporation of recycled material: “packaging with at least [%] recycled material” to be indicated
- Recyclability
- Presence of hazardous substances
- Reusability: “reusable packaging” or “refillable packaging” to be indicated
This information shall be supplemented by information on the premiums and penalties mentioned in Article L. 541-10-3 and paid by the producer according to environmental performance criteria.
This information shall be made available in a dematerialised format, accessible free of charge at the time of purchase and reusable in such a way as to allow aggregation, on a dedicated website or web page containing a sheet entitled “product sheet on environmental qualities and characteristics”.
This obligation concerns any marketer of new EPR products intended for consumers, according to the following schedule:
- From 01/01/2023: for companies declaring an annual product turnover of more than €50m and placing at least 25,000 units of products on the market
- From 01/01/2024: for companies declaring an annual product turnover of more than €20m and placing at least 10,000 units of products on the market
- From 01/01/2025: for companies declaring an annual product turnover of more than €10m and placing at least 10,000 units of products on the market
The products or packaging concerned will be allowed to run out of stock until 1 January 2023, provided that they were manufactured or imported before 30 April 2022.
Mention of “Refurbished product”.
Pursuant to Article L. 122-21-1 of the Consumer Code, created by Art. 37 of the AGEC Law, Decree No. 2022-190 of 17 February 2022, defines that a second-hand product or spare part may be qualified as a “reconditioned product” or be accompanied by the term “reconditioned”, provided that the following conditions are met
- The product or spare part has been tested for all its functionalities in order to establish that it meets the legal safety requirements and the use to which the consumer may legitimately aspire;
- If applicable, the product or spare part has undergone one or more interventions to restore its functionality. This includes the deletion of all data recorded or retained in connection with a previous use or a previous user, before the product or part changes ownership.
For all your questions
Anne Sacalais
Health and Regulatory Watch Consultant
Living Space Planning Unit
contact Anne
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