Since January 1st, several provisions of the law of the 10th of February 2020 n°2020-105 relating to the fight against waste and the circular economy have come into force.
This new regulation concerns the activity of real estate professionals. There are many misinterpretations circulating and this leads to much debate. Let’s take stock!
The French law of February 10th, 2020 modifies several provisions of the environmental code. The penalty for failure to comply with these provisions is a 5th class fine: €1,500 and €3,000 in the event of a repeat offence.
Can we still distribute flyers? Yes but…
Art. L 541-15-15 of the Environment Code : As from January 1st, 2021, the non-respect of an affixed mention mentioning the refusal on behalf of natural persons or legal entities to receive at their residence or at their registered office unaddressed advertisements is punished by the fine provided for the contraventions of the 5th class.
Yes, it is still possible to practise mailboxing (distribution of flyers in the mailbox) provided that there is no mention on the mailbox indicating opposition to receive advertising. A mailbox with a notice of opposition will only be able to receive an addressed advertisement, which means that it must be sealed with the names and addresses of the shipper. It is not mentioned in the regulation of the obligation of postal delivery of an addressed advertisement; it can be posted by a professional directly though.
The flyer on the cars? Forbidden since January 1, 2021
Article L 541-15-16 I of the Environment Code formally prohibits it: “The printed advertising sticker for commercial purposes on vehicles is prohibited. »
It does not seem necessary to further explain this practice, which is not used by professionals.
Business gifts in the mailbox? Forbidden since January 1, 2021
Article L 541-15-16 II of the Environmental Code also formally prohibits it: “Unsolicited gifts posted in mailboxes aiming a commercial promotion to consumers is prohibited. »
We must therefore immediately stop distributing pens, key rings, and other goodies in mailboxes… What about the increasingly calendars? One might think that because of their use they could be considered as gifts. Perhaps we will get some clarification from the State?
Which paper to print on?
Article L 541-15-17 of the Environmental Code sets ecological imperatives as of January 1st, 2023: “Advertising leaflets and brochures aimed at promoting sales to consumers shall be printed on recycled paper or paper from sustainably managed forests. »
This provision will be applied in 2 years, but it may already be responsible for anticipating a good management of flyer stocks, or even already switch to environmentally responsible prospecting.
Ressources (articles 45, 46 et 47 de la loi du 10 février 2020)
Source : “Le point sur la nouvelle réglementation de distribution de flyers”, Quentin Lagallarde – Journal de l’Agence
