Are there any updates to the French AGEC Law, Article 13?

The latest decree implementing Article 13 of the AGEC Law, released in the JORF (Official Journal of the French Republic) on April 30, 2022, now mandates clothing and textile companies to provide consumers with comprehensive details regarding:

• Traceability: Unveiling the product's journey throughout its manufacturing process.
• Risks of Microfiber Release: Associated with the utilization of synthetic materials.
• Presence of Hazardous Substances: A critical disclosure for consumer safety.
• Recycled Materials and Recyclability: Showcasing the brand's commitment to sustainability.

What are the updates in 2024?

What can be the expected updates from the AGEC in 2024?  

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AGEC Law: Who's Affected?

The AGEC Law, designed to combat waste and foster a circular economy, aligns with Article L. 541-10-1 of the Environmental Code. It encompasses various goods, including textiles, shoes, household linens, and textiles intended for habitat use, in the general textile space.

Textile and clothing are not the only industries concerned by the AGEC, but they have specific requirements, discussed in this context.

This law applies universally to entities engaged in commercial activities in France, spanning producers, importers, distributors, and other entities marketing waste-generating products to consumers.

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Who is affected by AGEC in 2024?

A key aspect of the evolution of the law is the extension to more companies in the clothing textile space from 2023 onwards, based on annual turnover and the number of units sold.

As of January 1st 2024, more companies are required to comply: now businesses who place more than 10k units in the French market and have an annual turnover over €20M are obliged to comply.

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What are the requirements of the AGEC?

1. Prohibited Mentions: terms like "biodegradable" or "environmentally friendly" on products or packaging are not allowed.
2. Indicating Recycled Material Content: companies are mandated to disclose the percentage of recycled materials in the product, excluding leather products.
3. Declaration Regarding Microplastic Presence: products exceeding 50% synthetic fibers must now disclose the release of plastic microfibers during washing.
4. Traceability mentioning Manufacturing Country: brands must now reveal the primary country for various manufacturing operations, such as fabric weaving, dyeing, or sewing.
   There is a difference between footwear and apparel. View here more detailed information.
5. Disclosure of Hazardous Substances: substances with a mass percentage exceeding 0.1% must be transparently disclosed on products, ensuring consumer safety. You can request a full list and ask more questions during our office hours here.

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Important note on Recyclability Declaration:

Refashion* considers that no information about recyclability should be shown in the sheet entitled “product information sheet on environmental properties and characteristics” concerning clothing, household linen and footwear.

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It also recommended by Refashion to remove any recyclability scores to avoid penalties.

* What is Refashion? Refashion is the eco-organization accredited by French authorities to cover the textile industry's legal obligation to manage waste sustainably under the EPR scheme.

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For more information you can request the full AGEC report here and monitor how other companies are complying here.

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What are the penalties for non-compliance?

The potential penalty will then amount up to 15,000€ for legal entities for each non-compliance instance.

However, to encourage and reward the virtuous steps of eco-design, Refashion has implemented eco-modulations and bonuses. These eco-modulations are the bonuses and penalties mentioned in the article L.541-10-3 of the code of the environment, reach out here for more information.

What are other consequences for non-compliance to AGEC? It's important to also mention, that apart from financial penalties, companies can also risk incurring into: 

1. Administrative Sanctions
2. Legal Proceedings
3. Reputational Damage
4. Revocation of Licenses or Permits
5. Products recollection

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How will these updates change in 2024?

There are additional elements that are connected to the AGEC and for which we expect to know more in 2024:

• Further information on Durability requirements
• EcoScore - ADEME: similarly to the food ABCDE Nutri-Score

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What tools are needed for compliance?

Technical tools like Renoon are helpful to comply or prepare for the AGEC and other upcoming regulations, in order to: 

• Streamline data collection
• Calculate and apply frameworks
• Effectively publish the data
• Keep up to date with updates to the regulation

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Implementing compliance internally is also possible, however, companies that implement technical tools and are followed by the right expert in the field experience benefits in resource deployment and market advantages.

You can request to download the AGEC Monitor and gain insights on how other companies are complying here.

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At Renoon we understand the complexities involved in AGEC compliance, so we always try to understand companies needs and suggest better ways forward, which might not involve using our solution.

Talk to our team by Booking a Demo