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French law to impose €3,000 fine for failure to report transport emissions

In France, an obligation to inform customers about greenhouse gas emissions during transport came into force several years ago. Until now, there have been no penalties for non-compliance, but this will soon change with a four-figure fine in euros.

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Since 2013, all companies providing or organising freight or passenger transport services have been obliged to inform their customers of the greenhouse gas emissions resulting from their services (Article L. 1431-3 of the Transport Code). Initially, this obligation was limited to carbon dioxide (CO2) only, but since 1 June 2017, it has been extended to include all greenhouse gases. The legislation aims to make companies more aware of their transport choices and encourage them to adopt more environmentally friendly solutions.

The method of communication is flexible, but the information must be accurate, clear, and unambiguous. The calculation method, based on the European standard NF EN 16258 (currently under revision), is described in Articles D1431-6 to D1431-19 of the French Transport Code.

It takes into account the quantities of greenhouse gases emitted during the operation of the means of transport and those emitted during the so-called upstream phase, i.e. the production of energy sources (refining, transport, distribution, etc.). This approach ensures fair treatment of transport using fuels and transport using electricity. Information on the amount of greenhouse gases emitted by a transport service is calculated for each stage of the journey using the same means of transport.

The International Road Transport Union (IRU) recommends using the EVE platform to calculate emissions. Unfortunately, it is only available in French.

Who is affected by the obligation?

The obligation under French legislation applies to transport services whose origin or destination is outside the national territory. “Foreign carriers must therefore comply with this obligation and inform their customers,” explains the French Ministry of Environmental Transformation and Territorial Cohesion. This requirement does not, therefore, extend to transit.

The obligation applies to all modes of transport: rail (TER, TGV, etc.), road (trucks, buses, etc.), air, river, and sea (ferries, cargo ships, etc.).

According to the amended wording of Article L. 1431-3 of the French Transport Code, which will enter into force on 1 January 2025, failure to comply with this obligation may be punished by an administrative fine. Its maximum amount is €3,000.

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