On Friday, November 8, the State Council annulled a decree banning plastic packaging for fresh, unprocessed fruits and vegetables, highlighting a “substantial defect” probably “create barriers to trade” in violation of European treaties.
Some 29 unprocessed fruits and vegetables, that is, sold raw or subjected to preparations such as cleaning, trimming, draining or drying, were already exempt by law, such as salad, asparagus, broccoli, new potatoes, new carrots and cherries.
The decree, adopted in June 2023 by Matignon, went against European law, since the European Commission had asked France to wait until December 2023, the time to develop a common regulation of the Twenty-seven.
“Seized by two professional unions, the Council of State judges today that the government could not issue the decree in June 2023”the Council of State specified in a press release.
Strong uncertainty
The unions that submitted the cancellation request speak of mixed relief. “We are satisfied with the decision, but there are reasons for the administration to delay in drafting its texts”Gaël Bouquet, general director of the Elipso union, which brings together 130 packaging manufacturers in France, told Agence France-Presse (AFP). “The general situation generates uncertainty. But manufacturers need a solid foundation”he added.
The second applicant, the union Plastalliance (The European Plastics Alliance), which brings together 400 fruit and vegetable manufacturers and producers, aims to bring together “in the coming weeks” legal actions to support some of its members who are considered “extremely aggrieved”.
The plastic ban would have cost “several million euros” union members, including fruit and vegetable producers, punished with paper packaging “more expensive” and who “does not retain moisture”according to Joseph Tayefeh, general secretary of Plastalliance. “We are going to go to court to compensate for the damage suffered through the fault of the State”said.
For Mr. Bouquet, it is rather the time for prudence and “ecosystem work”. “We do not want to alienate public powers and we are more in a consultative logic, although there is some damage” he points out.
