The Council of State cancels a decree banning plastic packaging for fresh fruit and vegetables

On Friday, November 8, the Council of State canceled a decree banning plastic packaging for unprocessed fresh fruits and vegetables, highlighting a “substantial defect” susceptible to “create barriers to trade” in violation of European treaties.

Some 29 unprocessed fruits or vegetables, that is to say sold in the raw state or having undergone preparation such as cleaning, trimming, draining or drying, were already exempt by law, as the salad, asparagus, broccoli, new potatoes, new carrots and cherries.

The decree, taken 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”specified the Council of State in a press release.

Strong uncertainty

The unions who made the request for cancellation speak of mixed relief. “We are satisfied with the decision, but there is reason for delay on the part of the administration in drafting its texts”declared to Agence France-Presse (AFP) Gaël Bouquet, general director of the Elipso union, which brings together 130 packaging manufacturers in France. “The general situation creates uncertainty. But manufacturers need a solid base”he added.

The second applicant, the Plastalliance union (The European Plastics Alliance), which brings together 400 manufacturers and fruit and vegetable producers, intends to bring “in the coming weeks” legal action to support some of its members who consider themselves “extremely aggrieved”.

The plastic ban would have cost “several million euros” to union members, including fruit and vegetable producers, penalized by paper packaging “more expensive” and who “do not hold moisture”according to Joseph Tayefeh, secretary general of Plastalliance. “We are going to go to court to compensate the damage suffered through the fault of the State”he said.

For Mr. Bouquet, the time is rather for caution and “ecosystem work”. “We do not want to alienate the public authorities and we are more in a logic of consultation, even if there is certain harm” he notes.