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Decree No. 2021-1285 of 1 October 2021 on the identification of hazardous substances in waste-generating products

FRENCH REPUBLIC Ministry of the Ecological Transition
NOR: TREP2031343D

Decree No of
ELI: https://www.legifrance.gouv.fr/eli/decret/2021/10/1/TREP2031343D/jo/texte

on the identification of hazardous substances in waste-generating products
Alias: https://www.legifrance.gouv.fr/eli/decret/2021/10/1/2021-1285/jo/texte

NOR: TREP
JORF No 0231 of 3 October 2021

Text No 1

Groups concerned: Anyone who places on the market products understood as articles, mixtures or substances within the meaning of Article 3 of Regulation (EC) No 1907/2006.

Subject: Article 1 of this Decree identifies dangerous substances as defined in Article L541-9-1 of the Environmental Code which must be notified to consumers if present in waste-generating products.

Entry into force: Upon publication of the Decree in the Official Journal.
Entry into force: The day after the publication of the Decree in the Official Journal.

Notice: Article 33 of Regulation (EC) No 1907/2006 provides that any consumer can ask the supplier of an article to inform them of the presence of substances of very high concern above a concentration of 0.1% weight by weight. The list of substances of very high concern shall be updated every six months; as of 25 June 2020, 209 substances were listed. These 209 substances are considered to be priorities for substitution at European level both in terms of their use and their incorporation into articles. Regulation (EU) No 1272/2008 contains obligations relating to the classification, labelling and packaging of chemical substances and mixtures, labelling being the main vehicle for providing information to consumers. These regulations aim to ensure a high level of protection for human health and the environment for the benefit of consumers, in particular by informing them about the presence of substances of very high concern in articles and the dangers presented by mixtures and substances. Law No 2020-105 of 10 February 2020 against waste and for the circular economy provides for the possibility of extending and strengthening these information obligations.
Notice: Article 33 of Regulation (EC) No 1907/2006 provides that any consumer can ask the supplier of an article to inform them of the presence of substances of very high concern above a concentration of 0.1% weight by weight. The list of substances of very high concern shall be updated every six months; as of 8 July 2021, it listed 219 substances. These 219 substances are considered to be priorities for substitution at European level both in terms of their use and their incorporation into articles. Regulation (EU) No 1272/2008 contains obligations relating to the classification, labelling and packaging of chemical substances and mixtures, labelling being the main vehicle for providing information to consumers. These regulations aim to ensure a high level of protection for human health and the environment for the benefit of consumers, in particular by informing them about the presence of substances of very high concern in articles and the dangers presented by mixtures and substances. Law No 2020-105 of 10 February 2020 against waste and for the circular economy provides for the possibility of extending and strengthening these information obligations, in particular in a dematerialised format.

References: the Decree can be found on the website Légifrance (https://www.legifrance.gouv.fr).

The Prime Minister,

On the basis of the report by the Minister for the Ecological Transition;
On the basis of the report by the Minister for the Ecological Transition,

Having regard to Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and
Having regard to Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency, amending Directive 1999/45/EC

Restriction of Chemicals (REACH), establishing a European Chemicals Agency, amending Directive 1999/45/EC and repealing Council Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC;
and repealing Council Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC;

Having regard to Regulation (EU) No 1272/2008 of the European Parliament and of the Council of 16 December 2008 on classification, labelling and packaging of substances and mixtures (CLP), amending and repealing Directives 67/548/EEC and 1999/45/EC, and amending Regulation (EC) No 1907/2006;

Having regard to Directive (EU) 2015/1535 of the European Parliament and of the Council of 9 September 2015 laying down a procedure for the provision of information in the field of technical regulations and of rules on Information Society services;
Having regard to Directive (EU) 2015/1535 of the European Parliament and of the Council of 9 September 2015 laying down a procedure for the provision of information in the field of technical regulations and of rules on Information Society services and in particular, notification no. 2020/833/F;

Having regard to Directive (EU) 2018/851 of the European Parliament and of the Council of 30 May 2018 amending Directive 2008/98/EC on waste;

Having regard to the Environmental Code, in particular Article L541-9-1 in the version resulting from Article 13 of Law No 2020-105 of 10 February 2020 against waste and for the circular economy;
Having regard to the Environmental Code, in particular Article L541-9-1 in the version resulting from Article 13 of Law No. 2020-105 of 10 February 2020 against waste and for the circular economy;

Having regard to Law No 2020-105 of 10 February 2020 against waste and for the circular economy, in particular Article 13-I thereof;
Having regard to Law No. 2020-105 of 10 February 2020 against waste and for the circular economy, in particular Article 13-I thereof;

Having regard to the opinions of the French Agency for Food, Environmental and Occupational Health & Safety (ANSES) issued on 5 October 2020 and XX December 2020;

Having regard to Directive (EU) 2015/1535 of the European Parliament and of the Council of 9 September 2015 laying down a procedure for the provision of information in the field of technical regulations and of rules on Information Society services, and in particular Notification No ……………….,;
Having regard to the opinions of the French National Agency for Food, Environmental and Occupational Health & Safety (ANSES) issued on 5 October 2020

Hereby decrees as follows:


The Minister for the Ecological Transition shall be responsible for the implementation of this Decree, which shall be published in the Official Journal of the French Republic.

Done on
Done on 1 October 2021.

Jean Castex

By the Prime Minister:

The Minister for the Ecological Transition,

Barbara POMPILI
Barbara Pompili