FRENCH REPUBLIC Ministry of Ecological Transition
Order of 13 April 2022 specifying the substances contained in mineral oils prohibited for use in packaging and for printed matter distributed to the public

Order of [date]
NOR: TREP2211425A
ELI: https://www.legifrance.gouv.fr/eli/arrete/2022/4/13/TREP2211425A/jo/texte JORF No 0102 of 3 May 2022
Text No 5

specifying the substances contained in mineral oils prohibited for use on packaging and for printed matter distributed to the public

NOR: TREP2105211A

Target audience: producers (manufacturers, importers, distributors), users, waste management operators, waste management authorities, publishers of press publications, approved eco-organisations for extended responsibility for producers of household packaging and graphic papers

Subject: substances affected by the ban on the use of mineral oils on packaging and printing matter distributed to the public.

Entry into force: the text shall enter into force on 1 January 2023.

Notice: Article 112 of the Law of 10 February 2020 on combating waste and on the circular economy provides for a ban on mineral oils used in packaging and printed matter distributed to the public. Decree No 2020-1725 of 29 December 2020 specified in Articles D. 543-45-1 and D. 543-213 of the Environmental Code that this prohibition applies to mineral oils containing substances that disrupt the recycling of waste or limit the use of recycled materials because of the risks they pose to human health. This Order specifies the substances thus concerned on the basis of the opinion of the ANSES of 8 March 2017 on the migration of mineral oil compounds from recycled paper and cardboard packaging to foodstuffs.

Target audience: producers (manufacturers, importers, distributors), users, waste management operators, waste management authorities, publishers of press publications, approved eco-organisations for extended responsibility for producers of household packaging and graphic papers.
Subject: substances affected by the ban on the use of mineral oils on packaging and printing matter distributed to the public.
Entry into force: the text shall enter into force on 1 January 2023.
Notice: Article 112 of the Law of 10 February 2020 on combating waste and on the circular economy provides for a ban on mineral oils used in packaging and printed matter distributed to the public. Decree No 2020-1725 of 29 December 2020 specified in Articles D. 543-45-1 and D. 543-213 of the Environmental Code that this prohibition applies to mineral oils containing substances that disrupt the recycling of waste or limit the use of recycled materials because of the risks they pose to human health. This Order specifies the substances thus concerned on the basis of the opinion of the ANSES of 8 March 2017 on the migration of mineral oil compounds from recycled paper and cardboard packaging to foodstuffs.
References: This Order is adopted pursuant to Articles D. 543-45-1 and D. 543-213 of the Environmental Code and can be consulted on the Légifrance website (https://www.legifrance.gouv.fr).

The Minister for the Ecological Transition,

The Minister for Ecological Transition,
having regard to the Directive (EU) 2015/1535 of the European Parliament and of the Council of 9 September 2015 establishing a procedure for the provision of information in the field of technical regulations and of rules on Information Society services (codification), and in particular Notification No 2022/4/F;
Having regard to the Environmental Code, in particular Articles D. 543-45-1 and D. 543-213 thereof;
Having regard to Law No 2020-105 of 10 February 2020 on the fight against waste and on the circular economy, in particular Article 112 thereof;

Having regard to the Environmental Code, in particular Articles D. 543-45-1 and D. 543-213 thereof;

Having regard to the observations made during the public consultation carried out between and 2021, pursuant to Article L.123-19-1 of the Environmental Code;

Having regard to the 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 (codification), and in particular Notification No year/XXX/F;

Having regard to the opinion of the French Agency for Food, Environmental and Occupational Health & Safety (ANSES) of 8 March 2017 on the migration of mineral oil compounds from recycled paper and cardboard packaging to foodstuffs;

Having regard to the observations made during the public consultation carried out between 3 January and 25 January 2022, pursuant to Article L.123-19-1 of the Environmental Code;
Having regard to the opinion of the French Agency for Food, Environmental and Occupational Health & Safety (ANSES) of 8 March 2017 on the migration of mineral oil compounds from recycled paper and cardboard packaging to foodstuffs,
Decrees:

Article 1
Article 2

For the purposes of Articles D. 543-45-1 and D. 543-213 of the Environmental Code, the substances concerned by the ban on the use of mineral oils are:
(1) Mineral oil aromatic hydrocarbons (MOAH) consisting of 1 to 7 aromatic cycles;
(2) Mineral oil saturated hydrocarbons (MOSH) consisting of 16 to 35 carbon atoms.
Until 31 December 2024, the prohibition on the use of mineral oils shall apply where the mass concentration in ink of mineral oil aromatic hydrocarbons (MOAH) is greater than 1%.
From 1 January 2025, the ban on the use of mineral oils applies to:

(1) Mineral oil aromatic hydrocarbons (MOAH) consisting of 1 to 7 aromatic cycles;

(2) Mineral oil saturated hydrocarbons (MOSH) consisting of 16 to 35 carbon atoms.

The ban on the use of mineral oils applies to:

mineral oil aromatic hydrocarbons (MOAH), where the mass concentration in ink of the above substances is greater than 0.1 %, and from 1 January 2025, up to a limit of one part per billion (ppb) for compounds of 3 to 7 aromatic cycles;

mineral oil saturated hydrocarbons (MOSH), where the mass concentration in ink of the above substances is greater than 1 %, and from 1 January 2025, where that concentration is greater than 0.1 %.
- mineral oil aromatic hydrocarbons (MOAH), where the mass concentration in ink of those substances is greater than 0.1%, or where the mass concentration in ink for compounds of 3 to 7 aromatic cycles is greater than one part per million (ppm);
- mineral oil saturated hydrocarbons (MOSH), where the mass concentration in ink of those substances is greater than 0.1%.

Article 3

Article 5

Packaging and printed matter of paper manufactured or imported before 1 January 2023 shall be granted a period of not more than 12 months from that date for the disposal of stocks.

Packaging and printed matter of paper manufactured or imported before each of the deadlines referred to in Article 2 and which comply with the provisions authorised before those deadlines shall be granted a period for the disposal of stocks of 12 months from those deadlines.

Article 6

This Order shall enter into force on 1 January 2023.

The Director-General for Risk Prevention shall implement this Order, which shall be published in the Official Journal of the French Republic.
Article 7

Done on
This Order shall be published in the Official Journal of the French Republic.

The Minister for the Ecological Transition,
Done on 13 April 2022.

For and on behalf of the Minister,

For and on behalf of the Minister :
The Director-General for Risk Prevention,

Cédric BOURILLET
C. Bourillet