In France, a law to contain the so -called “Ultra Fast Fashion” was recently adopted. Agathe Zajdela, lawyer for intellectual property in the fashion industry and expert at the French fashion association Fédération Française du Prêt à Porter Féminin, emphasizes an important point of the recently adopted legislative proposal: Companies are now obliged to appoint in France that are responsible for tax and court. This enables the company to be subject to a conviction.
Specifically, the legislative proposal states that a person who is not based in France is subject to the principle of expanded manufacturer responsibility in accordance with Article L. 541 10. This article obliges manufacturers, importers and retailers, the consumer: to transmit certain essential information on the inside, in particular about the type, treatment or the elimination of waste from the products placed on the market.
The scope of this legislative proposal is limited to Ultra-Fast-Fashion and the industrial and commercial practices of manufacturing companies that lead to a reduction in the service life or lifespan of new products. The reasons for this are the introduction of a high number of references or the low incentive to repair these products.
Necessity of contact persons in France to comply with the law
If the law is passed, companies that fall within this framework must name a natural or legal person based in France as an authorized representative who is responsible for compliance with their obligations as part of the extended responsibility for manufacturers.
“This would enable the impunity of such actors to fight outside the European Union, against which any judgments are difficult to enforce in practice,” said the lawyer.
It should be pointed out that the government and the rapporteur have announced their intention to notify the text of the European Commission’s legislative proposal to the joint parity commission, which is to meet next autumn to decide on it.
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