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Energy using Products in France

Published June 4, 2008

Design for Environment

France has not adopted any new legislation to implement the EU Directive on energy-using products (EuPs) by adopting a specific text. The French government takes the position that France already has sufficient legal provisions in place with art. L 214-1 et 215-18 of the “Code de la Consommation” ( Consumption Law Code), art. L224-1 of the “Code du Droit de l’ Environment” (Environmental law Code) and the Criminal Code. These laws jointly constitute France’s transposition of the EuP Directive.

As the EuP Directive, the Consumption Code and Environmental Code establishes a framework for the setting of eco-design requirements for such products. The framework will be further implemented through implementing measures. Energy-using products are not to be subject to eco-design or energy efficiency requirements until implementing measures have been issued. The Consumption Code and Environmental Code do not create legal obligations for manufacturers. Under further implementing measures, however, manufacturers will be required to perform an assessment of the environmental aspects of their products throughout their life cycle. They will have to use this assessment to evaluate alternative design solutions, with the aim of improving the environmental performance of their products.

Implementing measures will be adopted and enforced by the Ministry of Economy and Finance, more precisely, the Competition and Consumption Direction. The procedure for the adoption of implementing measures does not involve the consultation of stakeholders. If a product subject to an implementing measure does not comply with the standards imposed by such a measure, the product is banned from the French territory as provided by EC law.


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