Four years after its adoption, the French anti-waste law for a circular economy (AGEC) has failed to achieve its main objective of reducing household waste by 15% by 2030 compared with 2010. On the contrary, this waste has continued to increase, rising to 611 kg per capita in 2021 according to ADEME, a far cry from the target of 502 kg. A resounding failure for this pioneering text, which was gutted by intense lobbying from industry.
Flagship measures bypassed or ignored
Many of the law’s key provisions have been weakened, circumvented or even totally ignored by economic players. The ban on the sale of fruit and vegetables in plastic packaging has been supplemented by 29 exemptions, such as for mushrooms, endives, carrots and early potatoes, with no proven justification for the risk of spoilage.
The funds earmarked to finance repair bonuses, intended to encourage the French to have their appliances repaired rather than buy new ones, have also been reduced under pressure from the electronics and household electrical appliance industries.
« There’s a real discrepancy between the law’s announcements and the reality on the ground, » deplores Axèle Gibert of France Nature Environnement, citing the persistent presence of many single-use plastic products that have been banned in shops, restaurants and online sales.
Lack of controls and dissuasive sanctions
Blatant non-compliance with certain obligations, such as the provision of reusable crockery in the catering sector or the installation of water points in establishments open to the public (ERP), is also singled out by the associations.
« In the absence of effective controls and sanctions, associations are seeing a recurring failure to comply with the law, calling into question major objectives such as the 50% reduction in plastic bottles by 2030, » says Muriel Papin of No Plastic In My Sea.
Bénédicte Kjaer Kahlatfrom Zero Waste France for its part, denounced the « real step backwards » madeby the government on repair funds, a decree having considerably reduced the bonuses supposed to encourage repair rather than the purchase of new products, a decision challenged before the Conseil d’Etat.
Failure to drive model change
Aside from its misdirected provisions, the AGEC Act has not succeeded in bringing about a genuine paradigm shift towards a more resource- and waste-efficient society. The goal of widespread reuse of packaging has not been achieved, with single-use packaging still largely the norm despite the declared ban.
Similarly, the ban on destroying unsold food that can be consumed, despite being enshrined in law, has not been put into practice due to a lack of implementing decrees. Tons of perfectly edible produce continue to go to waste every year.
Lastly, the law has failed to ensure real transparency for consumers on the environmental impact of products, as labelling remains very limited and does not help to steer purchases towards more sustainable goods.
Call for binding « demitarization » trajectories
In view of these shortcomings, the associations are now calling for the urgent adoption of binding trajectories for the reduction of goods placed on the market, sector by sector, in line with the Paris Agreement’s objective of limiting global warming to +1.5°C.
« Better production today means, above all, producing less. We are calling for tools to penalize overproduction practices such as over-packaging and fast-fashion », insists Pierre Condamine of Friends of the Earth. The aim is to force a real « demitarization » of industrial production, i.e. a drastic reduction in the quantities of goods put on the market, the only way, according to the associations, to significantly reduce waste at source.
Strengthen the law with real means of control
To achieve this, the associations are asking the government to supplement the AGEC law with ambitious new provisions, this time accompanied by real means of control and dissuasive sanctions in the event of non-compliance by manufacturers.
« Companies have been given free rein to circumvent the law in the absence of the political will to enforce it, » laments Charlotte Soulary of Zero Waste France. « Yet we don’t have the luxury of wasting any more time in the face of environmental urgency. »
The associations are therefore calling on the public authorities to step up a gear and truly control and reduce waste production, rather than confine themselves to improving end-of-pipe management.
Bénédicte Kjaer Kahlat concludes: « After the failure of the AGEC law to drive the promised changes, it is imperative to accelerate the transition to a truly circular and sober economy, or risk suffering the full consequences of climate disruption and resource depletion. »
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