AGEC law: which requirements in 2023?

Mar 21, 2023
Sébastien Bouley

The law on the fight against waste and the circular economy (AGEC) of 2020 lays down provisions which will be phased in over time. We discuss the ones that will have an impact on the agri-food sector in 2023.

 We have already discussed the French AGEC law* in the past, outlining its purpose and the provisions that would come into effect in 2022. These included the Triman logo on recyclable products, such as household packaging (including food packaging).

In 2023, new provisions on consumer information come into force, namely concerning the environmental qualities and characteristics (QCE) of waste-generating products. These measures are provided for in Article 13 of the AGEC law and are covered by the decree décret n° 2022-748 du 29 avril 2022*.

For household packaging, the information to be indicated includes: compostability (in specific cases), incorporation of recycled material, reusability, recyclability, and the possible presence of hazardous substances. It will also be necessary to indicate the positioning of the manufacturer in relation to the system of premiums and penalties for the environmental performance of its products. Since it would be unthinkable to include this whole information on the packaging itself, it will have to be available in dematerialized form, freely accessible on the internet. The information must be presented in a format that allows for automated extraction. The heading of the information will be “fiche produit relative aux qualités et caractéristiques environnementales“ (product sheet on environmental qualities and characteristics).

Since January 1, 2023, the product sheet is mandatory for companies with a turnover of more than 50 million euros that place at least 25,000 units of products on the national market. Later, in 2024 and 2025, it will be the turn of companies with a lower turnover and a lower number of products placed on the market. For the time being, companies with a turnover of less than 10 million euros or that launch less than 10,000 units of products on the market will not be affected by the provision.

The decree also prohibits terms that are potentially misleading to consumers, such as “biodegradable” and “environmentally friendly”. The latter term may only be used by holders of the European Ecolabel certification, in compliance with the relevant conditions of use.

The website of the French Ministry of Ecological Transition and Territorial Cohesion and of the Ministry of Energy Transition dedicates several pages to the AGEC law and to the points outlined in this article (an overview on the AGEC law*, the acts implementing the AGEC law*, and the management of environmental claims and consumer information). A frequently asked question section is also available.

Other provisions from the AGEC law came into effect on January 1, 2023. For example, food service establishments must now provide washable and reusable dishes for on-site eating. In addition, the collection of recyclable plastic packaging will be extended nationwide. All of this with the aim of reducing waste and avoiding disposable plastic.

The work is still going on, and it is not over! The law provides for further measures to be taken in 2024.


* link in French.


Orchidali helps you to adapt to the new regulations.