France

Status of the current legislative process

No draft implementation has been published yet. There are currently no further information available with regards to the timeline.

Link to the draft (if available) 

N/A

Does the implementation go beyond EmpCo requirements? 

Yes, French existing legal framework before 2025  partially goes beyond what will be prohibited by EmpCo: 

• Law n°2020-105 of 10 February 2020 for the fight against waste and for a circular economy ( “AGEC law”) prohibiting the use green claims such as "biodegradable" and "environmentally friendly" or any other equivalent term on product and packaging. 
• Law n° 2021-1104 of 22 August 2021 on combating climate change and strengthening resilience to its effects (the “Climate and Resilience Law”)  
  
  • prohibiting as a principle  the “advertising for the marketing or promotion of fossil fuels, 
  • regulating the use of carbon neutral claims requiring that advertisers, that use wording indicating that the product or service is carbon-neutral or has no negative impact on the climate in advertising, provide specific evidence of carbon neutrality. Are there any comments from relevant authorities on the interpretation or enforcement of the national implementation?   

Are there any comments from relevant authorities on the interpretation or enforcement of the national implementation?  

No

Will the national implementation be applied in a Business-To-Business (B2B) context? 

N/A

Is there a green claims guide/guidance in your country? 

Yes

Green Claims Guidelines has been adopted in France, by the National Consumer Council (CNC) and the French economic regulation and consumer protection authority (DGCCRF - General Directorate for Competition, Consumer Affairs and Fraud Control) on 20 March 2023. The guidelines are available here (in French only): https://www.economie.gouv.fr/files/2023-05/Guide_allegat_environ_fr_2012.pdf?v=1685025927 

The first part covers the definition of environmental claims, environmental information and labels, and the legal framework for claims whereas the second part covers details and clarifications concerning the various existing environmental claims and claims relating to companies.  

These guidelines also contain two appendices, summarizing (i) the mandatory dematerialized system to provide information on the environmental qualities and characteristics of products and packaging and (ii) methods to establish a fair environmental claim. 

What are the sanctions and penalties?  

N/A

Does the national implementation answer the following questions:  

(1) whether sustainability labels can take the form of text; 
(2) whether generic environmental claims can be used or are they banned unless you have recognised excellent environmental performance; 
(3) whether GHG impact claims based on GHG offsets are banned only if offsets are the sole basis, or even if offsets and GHG reductions are combined.

N/A