France has now formally adopted its new textile EPR malus targeting certain industrial and commercial practices associated with ultra-fast fashion. The implementing order has been published in the Official Journal and will apply from 1 September 2026.

The measure is aimed at business models characterised by a very broad product range combined with a low incentive for repair. In practice, affected products may face a malus of up to 50% of the product price, subject to product-specific caps. The maximum penalty reaches €12 per product in 2026 and will progressively increase to €19.50 by 2030.

The assessment is based primarily on two factors:

• the breadth of the product range placed on the market; and
• the extent to which the company incentivises and facilitates repair.

The malus varies by product category. By way of example, the 2026 amounts range from €0.50 for certain underwear and socks, to €2 for T-shirts and polo shirts, €7 for trousers, €9 for jeans, and up to €12 for coats and jackets. These amounts increase progressively towards 2030.

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For companies assessing whether they may be concerned, the calculation is based on two main criteria: the breadth of the product range placed on the market and the level of repair incentive offered to consumers. The methodology looks in particular at the number of product references/SKUs within the relevant market segment, the cost of repair compared with the price of a new product, and whether the company offers a certified repair service. These elements are combined into an overall score, with the malus applying where the threshold set by the methodology is met. According to test results retailers like Decathlon, H&M, Zara etc are outside the scope which apparently covers Shein, Temu and Aliexpress.

While FESI is not directly working on these national files, the French federation UESC is actively following the implementation at national level.

From an EU perspective, we consider this development worth monitoring as it represents a significant attempt to use EPR fee modulation to influence business models and commercial practices, beyond the environmental characteristics of the product itself. It may therefore also be relevant in the context of broader discussions on textile EPR and circular economy policy across Europe.

As a separate reminder, France’s voluntary textile environmental cost (“Eco-score”) scheme will also enter an important new phase from 1 October 2026. Until that date, third parties may calculate and communicate a product’s environmental cost only where the manufacturer, importer or other market operator has agreed to this or has already published the score on the official portal. From 1 October 2026, this restriction falls away, meaning that third parties may calculate and communicate an environmental cost for textile products using available or estimated data even where the company itself has not published a score. If the company subsequently calculates and publishes its own environmental cost, that company-generated score must then be used by third parties.