The Council of State validates the missions imposed on the eco-organization Alcome concerning cigarette butts

On November 25, the Council of State rejected the appeal by British American Tobacco and JT International, which contested the objectives imposed by the State on Alcome, the sector's eco-organization in charge of cigarette butts, composed of representatives of the tobacco industry. The court ruled that the Ministry of Ecological Transition was fully authorized to impose waste reduction objectives on Alcome, while respecting the legal framework. In addition, the financing of the costs of cleaning up cigarette butts thrown on the ground was deemed to be in accordance with the law.

These objectives provided for a reduction in cigarette butts thrown into nature of 20 % in 2023, 35 % in 2025 and 40 % in 2026 compared to 2022. The Council of State confirmed that these targets complied with French legislation and European directives, in particular the 2008 Waste Framework Directive.[1].

An appeal brought by manufacturers British American Tobacco and JT International

The contested specifications set out defined objectives for reducing cigarette butts illegally thrown into the environment. These objectives are based on Article L. 541-10 of the Environmental Code, which authorises the State to impose measures on producers aimed at limiting waste from their products.

Tobacco manufacturers, including British American Tobacco (BAT) and JT International (JTI), had filed an appeal, arguing that these targets were excessive and contesting their legal basis. The Council of State rejected these arguments, considering that the timetable was reasonable and that the body had been provided with a precise methodological framework for assessing discarded cigarette butts. The Council of State also considered that these measures were fully compliant with European law. It also specified that responsibilities were shared between the eco-organisation, local authorities and the State, thus ensuring balanced application.

Alcome has already been sanctioned several times for non-compliance with its obligations by the Ministry of Ecological Transition and Cohesion. In 2023 and 2024, fines totaling €1.16 million were imposed on it for delays in implementing collection systems, such as street ashtrays. This measure has been contested since the implementation of Alcome by tobacco producers, like many other obligations, which they consider too costly.[2].

A regulated financial contribution

Another contentious issue was the estimated cost of cleaning up discarded cigarette butts, estimated at €96 million per year. This figure is based on a pollution index based on approximately 4,700 tonnes of cigarette butts found in France. Tobacco producers contested these calculations, but the Council of State rejected their argument, finding the estimates proportionate and transparent.

The system also provides for a reassessment mechanism based on data provided by Alcome. In addition, local authorities receiving funding must justify the actions undertaken and provide concrete evidence of the operations carried out. In addition, according to French law, the eco-organizations concerned are supposed to finance "the costs of collecting and processing abandoned waste". The cross-cutting decree of November 2020 provides that they must finance 80 % of these costs.

Exclude the tobacco industry from the REP sector mechanism

These developments are part of an international context marked by negotiations on a global treaty aimed at combating plastic pollution and developing the implementation of extended producer responsibility (EPR) channels. The National Committee against Tobacco (CNCT) stresses the importance of integrating the issue of tobacco waste, particularly cigarette filters, into these discussions, but also of excluding the tobacco industry from the implementation of an EPR channel for tobacco products. For the CNCT, the appropriate eco-organization should be independent of tobacco manufacturers, with their contribution being limited to financing the system alone, according to the polluter-pays principle. The justification for excluding tobacco manufacturers from the system lies in particular in the particularity of this industry, whose interests are legally recognized in the WHO Framework Convention on Tobacco Control as being opposed and irreconcilable with those of human and environmental health.

In France, Alcome places the responsibility for cigarette butt pollution on the incivility of its consumers, who should be better educated. In doing so, nothing is said about the direct responsibility of tobacco manufacturers and their products in this major environmental pollution. The current system also offers them an opportunity to communicate by presenting an image of respectability and a legitimate player in decision-making. They are in a position to enter into contracts with local authorities, which is contrary to the international commitments of France, which has ratified the WHO Framework Convention on Tobacco Control (FCTC).[3].

©Tobacco Free Generation

AE

[1] REP tobacco: the Council of State validates measures to combat abandoned cigarette butts, published on November 26, 2024, consulted on December 19, 2024

[2] Generation without tobacco, The Alcome eco-organization condemned once again by the State, published June 26, 2024, accessed December 19, 2024

[3] Communicated, The Alcome eco-organization condemned once again by the State, November 2024, accessed December 19, 2024