Putting an end to Single Market disruptions… on the list of the new year’s resolutions?

Safeguarding the integrity of the Single Market is fundamental to ensuring the free movement of goods in the EU, strengthening the implementation of waste targets in all Member States, and encouraging the development of fully integrated markets for waste and secondary raw materials. Achieving this requires rigorous implementation and enforcement of its principles from both the European Commission and responsible national bodies. The recent developments regarding France’s “Triman Decree” and Decree 2023-478, and Spain’s Royal Packaging Decree detailed below, mark a step forward. Nevertheless, this positive development should not overshadow new distortions that continue to arise.

Quel avenir pour Triman ? EUROPEN’s continuous fight in defence of the Single Market preservation is not done in vain, as showed by the EU Commission’s November infringements package, which announced a reasoned opinion was sent to France as part of the infringement procedure on the Triman Decree. The Commission urged France to ensure its labelling requirement for waste sorting (Triman logo) complies with the principle of free movement of goods. France has now two months to respond and take the necessary measures, otherwise, the Commission may refer the case to the Court of Justice of the European Union. Amongst other news, the French State Council annulled Decree 2023-478, which banned the use of plastic packaging for the sale of fresh fruit and vegetables, declaring it void due to its infringement of EU rules.

Spanish sorting instructions are a market barrier: It took long enough but what we don’t lack at EUROPEN is hope and perseverance. After two years of waiting, the European Commission has closed this year’s infringements with the opening of a procedure against the Spanish Royal Decree on Packaging and Packaging Waste, which mandates the application of a waste sorting label on packaging from 1st January 2025 – a requirement similar to the Triman symbol. In motivating its decision, the Commission has underlined how “national labelling requirements pose a significant barrier to the Single Market” and contested that Spain has not conducted “a sufficient analysis of the proportionality of the measure” as other suitable options, less restrictive of trade between Member States, are possible. Spain has now two months to address the Commission’s concerns.

Other market barriers: Italy’s measure on “shrinkflation”, included in the Italian law for the market and competitiveness. The measure introduces an obligation to producers and distributors operating in Italy who offer for sale a consumer product to affix a specific label on the sales packaging for six months to inform consumers about a reduction in quantity and the increase in the price of a product in percentage terms. Whilst the measure was notified to the Commission, Italy has adopted it without waiting for the end of the three-month standstill period imposed by the TRIS procedure. The Commission has in the meantime issued a detailed opinion to the Italian government. To be continued…

Any wishes for 2025? During his confirmation hearing, Stéphane Séjourné, Executive Vice-President and Commissioner for Prosperity and Industrial Strategy, announced he would focus his mandate on three key areas for the Single Market, namely: i) pre-empt barriers by strengthening the TRIS notification process; ii) increase cooperation to avoid barriers through better dialogue among and with Member States; iii) enforce, by effective and faster infringements’ sanctioning. On the lines of this objective, he will oversee the design and development of a Horizontal Strategy to Deepen the Single Market, expected to be published in June 2025, which will aim to promote the cross-border provision of services and movement of goods, ensure the proper implementation of current rules, and remove existing barriers via the Single Market Barriers Prevention Act.

Much to wish for in 2025!