France – Publishes Decree on SVHC in Waste-Generating Products

On October 4, 2021, France published Decree No. 2021-1285 on Identification of Substances of Very High Concern (SVHC) in Waste-generating Products. The decree is another implementing regulation associated with the French Anti-Waste Promotion of Circular Economy, Law 2020-105.

The decree specifies which hazardous substances in products placed on the French market that need to be notified to purchasers and to an online database (e,g, SCIP).  The decree specifies SVHCs as identified under REACH and other substances of comparable concern as described below:

substances presenting a level of concern comparable to substances of very high concern which are not on the list referred to in Article 59 (1) of Regulation (EC) No 1907/2006. The list of these substances and their updating are set by order of the Minister responsible for the environment after notice of the National Agency for Food, Environmental and Occupational Health Safety.  (Source: unofficial online translation of excerpt from Decree)

The official Decree is available on the French government website[1]. This legislation could lead to a France specific version of an online database (similar to SCIP) as proposed by France earlier this year.

[1] France Decree No 2021-1285, https://www.legifrance.gouv.fr/download/pdf?id=qRpFOTNcN_R1TAogK7qOOostvrbVw7vibSIX3L_C8eE=