In a major setback for the zero-waste movement, France’s Conseil d’État, the highest administrative court in the country, has overturned a ban on plastic packaging for fresh fruit and vegetables due to a “significant procedural flaw” that has rendered the landmark decision void.

The decree, which effectively banned the use of plastic packaging for a variety of fresh and unprocessed fruit and vegetables, came into force in July 2023 as part of France’s Anti-Waste and Circular Economy Law (AGEC).

The ban specifically prohibited the use of plastic wrapping for fresh produce weighing under 1.5kg. There were some exceptions to the new rules—berries, sprouted seeds and fruit labelled mûrs à point, for example—but it largely applied to a vast quantity of fruits and vegetables sold in French supermarkets and grocers across the country.

However, the decree has now been declared null and void by the Conseil d’État in a ruling made on 8th November, which flagged a “significant procedural flaw.”

A statement published on the French government’s public service platform notes: “As a result, the decree has been annulled, allowing retailers to once again sell all fresh, unprocessed fruits and vegetables in plastic packaging.”

The Conseil d’État’s ruling goes further, stating that the French government published the decree without fully adhering to procedural requirements and acted prematurely, despite being asked to delay the decree by the European Commission.

“A barrier within the single market”

The EC is currently working on a set of regulations similar to France’s AGEC laws, aiming to standardise packaging standards across all member states. By moving ahead prematurely, the French decree established “a barrier within the single market since it demands stricter conditions for the sale of fruit and vegetables than those required by EU law and implemented in other EU countries.”

In recent years, France has proven itself to be one of the EU’s most ambitious states in reducing plastic. However, environmental advocates fear this latest development could result in a resurgence of plastic use, hampering efforts to curb pollution and encouraging wasteful packaging practices. The EC’s regulations on single-use plastic packaging may not come into force until 2030.

On a broader scale, the Conseil d’État’s decision highlights a larger issue: balancing national environmental ambitions with European regulatory alignment.

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