"Anti-waste for a circular economy" and "Climate and Resilience" laws: important implementing texts have been published

Since their promulgation, many decrees having a direct impact on the daily life of the French people have been published, including several important ones in recent weeks.

Greater producer responsibility

Reduction, reuse and recycling of single-use plastic packaging

Decree No. 2022-549 of April 14, 2022 enacts the national strategy for the reduction, reuse, reuse and recycling of single-use plastic packaging, known as the "3R Strategy", which aims to:

• define the actions to be implemented by companies, local authorities, eco-organizations and the State to achieve the objectives defined by the 3R decree by 2025: 20% reduction, at least half of which will be achieved by recourse reuse, aiming for 100% recycling and therefore an objective that all single-use plastic packaging be recyclable by 2025, and aiming for the total elimination of unnecessary packaging. In particular, the strategy provides for the development by each major sector of 3R sectoral roadmaps, which may benefit from specific funding within the framework of the recovery plan;
• draw up the perspectives and issues by 2040 concerning the objective of ending the marketing of single-use plastic packaging.

Development of reused packaging placed on the market

Decree No. 2022-507 of April 8, 2022 defines the minimum trajectory of reused packaging to be put on the market annually in France for the period 2023-2027 in order to achieve the objectives set by the AGEC law and thus aim for 10% packaging reused in 2027. It also specifies how producers will participate in this objective, in particular by relying on the eco-organizations of the extended producer responsibility (EPR) sectors and by mobilizing a fund for the development of reuse and reuse solutions packaging of nearly €50 million/year.

Greening of vehicles used in connection by delivery platforms

Decree No. 2022-474 of April 4, 2022 provides for the obligation for delivery platforms with more than 50 workers to respect a minimum share, increasing over time, of very low-emission vehicles with two or three wheels, bicycles and electrically assisted bicycles.

The objective is to reach 100% of very low-emission vehicles by 2030. For the linking, from July 2023 and until the end of 2024, the share of bicycles, electrically assisted bicycles, and vehicles two- or three-wheeled very low-emission motor vehicles will have to achieve at least 20%. This transition continues over the following years: 50% from 2025, 80% from 2027 and 100% from 2030.

Launch of the "Oui Pub" experiment on May 1, 2022

In order to move towards less suffered advertising and reduce waste, article 21 of the Climate and Resilience law provides for the possibility of experimenting with the "Oui Pub" system, aimed at restricting the distribution of printed advertising not addressed to only households having explicitly indicated in a visible manner on the mailbox their desire to receive them.

Thirteen local authorities or groups of local authorities will take part in this experiment between 2022 and 2025 (see decree no. 2022-764). The restriction on the distribution of unaddressed advertising materials (IPSA) will be effective from September 1, 2022, after a period ensuring that the inhabitants of the communities concerned are properly informed and the distribution of "Oui Pub" stickers, in close consultation with economic players. local. The list of the thirteen territories concerned is fixed in the decree n°2022-765.

Two other territories, Troyes Champagne Métropole and the Urban Community of Dunkerque Grand Littoral, will join the experiment once their local household waste prevention program has been voted, for the start of the information phase on 1 December 2022 and the distribution restriction on February 1, 2023.

A steering committee bringing together all the local authorities and companies concerned will soon be set up under the chairmanship of Ademe. An evaluation committee will also be set up to assess the impact of the experiment on the production and treatment of paper waste, its consequences on employment, on the sectors of activity concerned, on consumer behavior, but also on the possible difficulties of generalizing such a measure.

Obligation to offset greenhouse gas (GHG) emissions from domestic flights

The Climate and Resilience law introduced the obligation of progressive offsetting of greenhouse gas emissions from domestic flights for aircraft operators subject to the EU Emissions Trading System (ETS- EU) under penalty of sanction. At present, flights between mainland France and the overseas departments and regions are not subject to the EU ETS. For the year 2022, operators must offset 50% of their emissions, this will be 70% in 2023 and all of their emissions from 2024.

Decree No. 2022-667 of April 26, 2022 sets the obligation for operators of aircraft generating more than 1 tonnes of CO000 per year on national territory to send the Ministry for Ecological Transition a declaration relating to emissions from previous year as well as an offset report justifying the reductions and sequestrations of these declared emissions. The minimum percentage of emissions reduced or sequestered by projects located in the European Union is set at 2% for 20 emissions, 2022% for 35 emissions, 2023% for 50 emissions. A review clause is scheduled for 2024 to fix the evolution of the trajectory from 2024.

Prohibition of heated terraces

The ban on heated terraces, set for April 1, 2022 by the Climate and Resilience Law, aims to put an end to the waste of energy consisting in heating the outdoor air. The result of close and constructive consultation with the federations of professionals and communities, the decree of March 30, 2022 makes it possible to create supervised exemptions, in particular for hermetically closed terraces (closed, airtight and with rigid side walls ). The decree also creates a financial penalty in the event of an infringement, aimed at providing a graduated response for offenders.

An acceleration of the energy transition

Reduction of particulate emissions from domestic wood heating

Although wood logs or wood pellets are a source of renewable energy, their use in poor conditions and their combustion can generate a significant share of fine particle pollution. These have a strong impact on human health, since they are responsible for 40.000 premature deaths per year according to estimates by Public Health France.

Decree No. 2022-446 of March 30, 2022, published in application of the Climate and Resilience law, guarantees better consumer information. The quality of the fuel used, in particular its moisture content, and its use have a strong influence on the quantity of particles emitted and the energy efficiency of combustion. However, users' knowledge of these issues remains low.

The decree sets the terms for general information on the appropriate conditions of storage and use that distributors must provide when selling to non-professional users. Information must therefore be provided at the point of sale and on the invoice, concerning the nature of the fuel used and its humidity level. In addition, recommendations on storage as well as general information on the impact of poor quality fuel on air quality and energy consumption must be provided by the distributor.

Evolution of classification rules for heating and cooling networks

In application of the Climate and Resilience Law, Decree No. 2022-666 of April 26, 2022 changes the classification rules for heating and cooling networks. These networks are called upon to develop massively to face the major challenges of global warming and to achieve carbon neutrality by 2050. This decree facilitates the classification to promote their development in priority areas, and thus encourage local authorities to pursue the development of renewable energies and the fight against greenhouse gas emissions. This classification makes it possible to impose, except exemption, the connection to the network of heating or cold of the new buildings or replacing a installation of heating or cooling of a power higher than 30 kilowatts, located in the perimeter of priority development of the network. In addition, an order listing the networks concerned from September 1, 2022 has been published.

Certificates of biogas production by suppliers

Natural gas suppliers will now have the obligation to contribute to the production of biogas. Natural gas suppliers will be able to fulfill this obligation either by directly producing biogas injected into a natural gas network, or by acquiring certificates from biogas producers. This system, specified in decree no. 2022-640, thus allows biogas producers to have income associated with the marketing of biogas production certificates, in addition to the income from the physical sale of biogas.

Better consumer information

Consumer information on the environmental qualities and characteristics of waste-generating products

Decree No. 2022-748 of April 29, 2022 implementing article 13 I of the AGEC law now regulates the environmental claims of marketers and makes consumer information mandatory on certain environmental characteristics of the products purchased. This information will be given in the form of a product sheet of environmental qualities and characteristics, in dematerialized form, accessible at the time of the act of purchase.

This dematerialized display device will allow consumers from 2023 to know, according to the categories of products and for each model, their proportion of recycled material, their recyclability, the presence of dangerous substances, precious metals or rare earths, or their compostability or their reusability. For textiles, two additional pieces of information will be mandatory: the geographical traceability of the 3 major manufacturing steps (weaving, dyeing, assembly/finishing) as well as a warning for mainly synthetic textiles that release microplastic fibers during washing.

In addition, the text repeats and clarifies the ban already provided for by law on the use, for any product or packaging, of the claim "biodegradable", "environmentally friendly" or any other similar claim.

Extension of the repairability index to 4 new product categories

The repairability index, a mandatory score out of 10, will be visible, within six months, on 4 new product categories, namely "top" washing machines (top loading), dishwashers, vacuum cleaners and high-pressure cleaners. They are thus added to mobile phones, laptops, televisions, porthole washing machines and lawnmowers which have already been affected by the repairability index since 2021. Tablets are not included in this list, as they will soon be the subject of a European repairability index.

Framework for carbon neutrality claims

From January 1, 2023, advertisers will be prohibited from claiming in an advertisement that a product or service is "carbon neutral" without presenting a balance sheet of greenhouse gas emissions over the entire life cycle. of the product or service, the planned emissions reduction trajectory, as well as the methods of offsetting residual emissions. These elements must be easily accessible to the public and updated every year.

This system, provided for in Article 12 of the Climate and Resilience Law, aims to guarantee complete information for the public on "carbon neutral" claims and will gradually strengthen advertisers' commitments while fighting against "eco- money laundering” (see decrees no. 2022-538 and 2022-539).

Publication of the first “climate contracts” from July 15, 2022

In application of article 7 of the Climate and Resilience law, the Ministry of Ecological Transition launched, on April 25, a digital platform on which companies subject to environmental labeling obligations must declare themselves. All voluntary companies can also subscribe to a “commercial communications and ecological transition climate contract”. These contracts aim to reduce commercial communications relating to products or services that have a negative impact on the environment, but also to promote transparency in advertising and the commitment of advertisers, media, platforms, agencies and management for the transition. ecological.

The list of actors who have signed a "climate contract" will be published on July 15 of each year and their contents will be made public. In addition, the platform will reveal the list of companies subject to a declaration but not having made one, as well as the list of companies having declared themselves but not having subscribed to a climate contract (cf. decree n°2022-616 ).

A zero-rate loan to finance the acquisition of clean vehicles tested from 2023 to 2025 in certain low-emission mobility zones (ZFE-m)

Decree No. 2022-615 of April 22, 2022 defines the terms of the experiment, starting on January 1, 2023, of a zero-rate loan for the acquisition of new or used vehicles, electric or rechargeable hybrids, in , or near, low mobility emission zones (ZFE-m) that regularly exceed air quality standards. Individuals as well as micro-enterprises will be eligible for this means-tested loan.

The amount of the loan may not exceed the acquisition cost of the vehicle, public aid deducted, and will be capped at €30.000 in the case of a purchase and €10.000 in the case of a rental. It can be combined with aid for the acquisition of low-polluting vehicles (ecological bonus and conversion bonus). Pending local data on air quality in 2022, the ZFE-ms of Paris and the Metropolises of Greater Paris, Lyon, Aix-Marseille and Rouen are eligible for the scheme.

Protection and preservation of threatened areas

Reduction of soil artificialization

As part of the objectives of achieving “zero net artificialisation of soils”, decree no. 2022-763 of April 29, 2022 specifies the criteria for surfaces considered as artificialised or not artificialised. These surfaces are assessed taking into account the occupation of the land observed, which results both from their coverage but also from their use. This assessment is carried out according to reference thresholds, which will be defined by an order of the Minister in charge of urban planning and revised as necessary according to the evolution of the standards of the National Council for Geographic Information.

Decree No. 2022-762 of April 29, 2022 makes it possible to specify the content of the objectives and rules of the SRADDET (regional plans for development, sustainable development and equality of territories) in terms of economical management of space and the fight against the artificialization of soils. In particular, it makes it possible to set the terms and conditions for the infra-regional implementation of the objectives of achieving “zero net artificialisation of soils”.

Consideration of the risk of imported deforestation in State purchases

Article 272 of the Climate and Resilience Law sets the objective for State purchasers - those of central services as well as those of decentralized services - to no longer buy goods that have directly contributed to deforestation, forest degradation or the degradation of natural ecosystems outside the national territory.

Decree No. 2022-641 of April 25 details in particular the list of purchasing segments affected by this measure and the terms of implementation.

Establishment of a list of coastal municipalities concerned by the retreat of the coastline

Decree No. 2022-750 of April 29, 2022 establishes the list of municipalities whose action in terms of town planning and development policy must be adapted to the phenomena of coastal erosion. The list includes 126 municipalities that have deliberated in favor of their inclusion and will be gradually completed according to the expressions of will of municipalities wishing to integrate it, and at least revised once every 9 years.

The communes appearing on the list will be accompanied by the State and its operators. They will have to integrate before 2026 at the latest, a cartography of exposure to the retreat of the coastline at the horizons 0-30 years and 30-100 years in their urban planning document, except those which have a Risk Prevention Plan Littorals (PPRL) and choose to maintain it. Within the exhibition areas, local authorities will be able to use the new tools created by the Climate and Resilience law (right of pre-emption along the coastline, real lease for adaptation to climate change, possibilities of derogating from certain provisions of the coastal law, etc.).

Definition of the concept of strong protection and methods of implementation

Faced with the erosion of biodiversity, the National Strategy for Protected Areas 2030 aims to cover 30% of the national territory in protected areas, including 10% in strong protection.

Decree No. 2022-527 of April 12, 2022 clarifies the definition of the notion of strong protection as well as the conditions for recognizing strong protection zones for land and sea areas. This labeling is automatic for a certain number of tools. In other cases, recognition takes place after a case-by-case examination with regard to criteria, through a regionalized procedure and on the decision of the competent ministers.

Establishment of the “industrial risk accident investigation” office

Following the Lubrizol and Normandie Logistique accident, the Government decided to set up an “industrial risk accident investigation office”, like the accident investigation offices that already exist for air transport and land transport. This office has been in prefiguration since 2021.

The Climate and Resilience Law, and Decree No. 2022-427 of March 25, 2022, now provide it with a legal basis, guarantee its independence and the quality of its recruitments, as well as access to the documents and experts necessary to his investigations.