EPR in France: obligations for e-commerce sellers

Introduction

France is one of the most demanding markets in Europe in terms of Extended Producer Responsibility (EPR) legislation. In France, the system covers many product categories. In addition to the most typical streams, such as packaging or electrical and electronic equipment, the regulations also apply to textiles, furniture or sporting goods, among others. In practice, this means that many products sold online require prior registration with the relevant EPR system and a manufacturer identification number. For online retailers, this means that launching a product on the French market can very quickly trigger environmental obligations. In many cases, a company must not only register with the relevant recycling system, but also obtain a unique producer identification number (UIN), implement specific product labelling and report on the volumes of products introduced. The French EPR system is managed through a network of producer responsibility organisations (PROs), which carry out recycling obligations on behalf of companies. Each waste stream has its own organisation and its own reporting rules, making the correct identification of obligations a key step before sales begin. This guide has been prepared for manufacturers, importers and e-commerce sellers who are planning to sell products in France and want to understand what environmental obligations may apply to their business.

Definition of EPR

Extended Producer Responsibility (EPR) is a principle of environmental law according to which companies that place products on the market are responsible for their environmental impact even after the end of the product's lifecycle. In practice, this means that a company selling products to France must participate in financing collection, processing, and recycling systems for waste generated from these products. This responsibility covers both the products themselves and their packaging. France is notable for its exceptionally wide range of EPR systems. Unlike many European countries, where regulations cover a few basic categories, the French system includes over a dozen different waste streams. In the case of online sales, the following systems are most commonly encountered:

• consumer packaging and paper (printed information materials)
• electrical and electronic equipment (WEEE)
• batteries and accumulators
• Textiles, clothing and footwear
• furniture and interior furnishings
• Sports and leisure articles
• toys
• Gardening supplies and DIY tools

This means that an e-commerce seller offering different types of products may be required to participate in several EPR schemes simultaneously.

Who is subject to the obligations

The core principle of the French EPR system is the responsibility of the entity that first places a product on the French market. In practice, these responsibilities may concern:

• manufacturers based in France
• importers bringing products in from outside the European Unionimporters bringing products in from outside the European Union
• companies acquiring goods from other EU countries and selling them in France
• distributors selling private label products
• online sellers shipping products directly to consumers in France

For cross-border sales, B2C sales are particularly important. If a company dispatches products directly to customers located in France, it may be considered an entity placing products on the French market. This means that Extended Producer Responsibility (EPR) obligations must be met, regardless of whether the company has a physical presence in France.

Legal basis for obligations

The French Extended Producer Responsibility regime is primarily based on the provisions of the French Environmental Code (Code de l'environnement), which sets out the rules for the operation of EPR schemes for specific product categories. Of key importance, in particular, are the provisions contained in Articles L.541-10 et seq. which establish the legal framework for extended producer responsibility schemes and define the basic obligations of companies placing products on the market. The AGEC law (Loi Anti-Gaspillage pour une Économie Circulaire), adopted in 2020, was also an important milestone in the development of the system. This regulation strengthened and further extended the Extended Producer Responsibility regime in France by introducing new product categories covered by the EPR, including toys, sporting goods or building materials. The law also introduced additional information obligations for manufacturers, including requirements to provide consumers with information on the reparability, recyclability and environmental characteristics of products. Detailed rules for the operation of individual EPR schemes are also set out in implementing decrees (décrets) and ministerial decrees (arrêtés) for specific waste streams, such as packaging, electrical and electronic equipment, batteries or textiles. As part of these regulations, a national producer identification system managed by ADEME has also been set up, in which companies placing products on the market are assigned unique UIN identification numbers. This system allows the administration to monitor the fulfilment of EPR obligations by operators on the French market.

Competent authority

The central institution responsible for overseeing the extended producer responsibility (EPR) system in France is ADEME – Agence de la transition écologique. This institution is responsible for coordinating and monitoring the functioning of EPR systems and maintains the national register of producers subject to these obligations. Data concerning producers and their environmental obligations are collected in the national register SYDEREP (Système déclaratif des filières REP). This register allows for the identification of companies placing products on the French market and assigns them unique producer identification numbers (UINs), which are required within the various EPR systems. In practice, these numbers are also often required by sales platforms, such as marketplaces, which may request them before authorising products for sale on the French market.

Producer Responsibility Organisations (PROs)

One of the key elements of the French EPR system is the functioning of producer responsibility organisations, referred to as PROs (Producer Responsibility Organisations). PROs are specialised organisations that carry out recycling obligations on behalf of companies that place products on the market. Instead of organising the waste collection and treatment system themselves, the producer signs a contract with a selected PRO organisation, which takes over the obligation to ensure the required recycling levels and to carry out the relevant operational activities. In France, this system is particularly extensive. Individual PRO organisations specialise in specific waste streams, such as packaging, electrical and electronic equipment, batteries, textiles or furniture. In some streams, there is more than one organisation, which means that producers can choose between different operators. However, it is worth bearing in mind that different organisations may have different fee structures, reporting models and administrative requirements. Therefore, choosing the right PRO organisation is important both from a cost perspective and for the subsequent management of EPR obligations. In practice, joining the right PRO organisation is the primary way for companies selling products on the French market to meet their environmental obligations.

Key responsibilities of EPR in France

Registration

The implementation of EPR obligations in France begins with determining which waste streams may be associated with the company's activities. In the case of e-commerce sales, this analysis covers both the products sold and their packaging. Once the relevant categories have been identified, the company should proceed with the proper organisation of producer responsibility (PRO), which manages the recycling system for the given waste stream. As part of this process, an agreement is concluded, outlining the rules for participation in the system, including how data should be reported and fees calculated. As the French EPR system covers many different product categories, a company may be required to register with more than one system if the products sold fall into different waste streams.

Authorised representative in France

In many cases, companies not based in France are required to appoint an authorised representative (mandataire) to fulfil their Extended Producer Responsibility (EPR) obligations. Such a representative must be based in France and acts on behalf of the producer in fulfilling environmental obligations. The authorised representative may be responsible for, among other things:

• registration of the producer in the relevant EPR systems
• communication with producer responsibility organisations (PROs)
• Reporting of data regarding products launched onto the market
• Ensuring compliance with administrative obligations

In some EPR systems, companies not based in France may be required to appoint an authorised representative to fulfil their obligations under national regulations. However, it is worth noting that in certain cases, an EPR organisation may also act as a representative or work with an entity fulfilling such a role. Selecting the appropriate EPR organisation can therefore help to reduce the number of entities involved and lower the administrative costs associated with managing EPR obligations. For this reason, choosing the right EPR organisation and, where applicable, an authorised representative is a crucial element in organising compliance with the French EPR system.

UIN identification number

Upon joining the relevant PRO organisation, a company is assigned a Unique Identification Number (UIN). This number is allocated in the national register managed by ADEME and is used to identify producers within the EPR system. In practice, each waste stream has its own identification number, meaning a company selling different product categories may hold several UINs. This number is often required by sales platforms operating in the French market as proof of compliance with environmental obligations. In many cases, sellers must provide the relevant UIN for a specific product type or packaging.

Reporting and recording

Companies covered by the EPR scheme in France are obliged to keep records of the products and packaging placed on the market. The data collected forms the basis for reports submitted to the relevant producer responsibility organisation (PRO). These reports make it possible to determine the volume of products covered by the EPR scheme and to establish the amount of fees payable. Depending on the waste stream in question and the rules of the relevant PRO organisation, different ways of reporting data may be used. In some cases, reporting is based on the weight of products or materials, while in other systems data may be reported in units (pieces). The frequency of reporting may also vary. Depending on the system and the scale of the company's operations, reports may be submitted on a quarterly or annual basis. It is therefore important to implement an appropriate data collection system to correctly report on the quantities of products entering the French market.

Charges

Companies placing products covered by the EPR scheme on the French market are obliged to finance systems for the collection and treatment of waste arising from these products. This financing is done through fees paid to the producer responsibility organisations (PROs), which manage the recycling systems for each waste stream. Fees are usually calculated based on data reported on products or packaging placed on the market. The amount of fees may depend on factors such as the volume of products, their type or the materials used. Many schemes also use mechanisms for so-called eco-modulation of charges, which vary the charges according to the environmental characteristics of the product. Solutions that are easier to recycle or more environmentally friendly may be subject to lower rates, while products that are more difficult to recycle may incur higher charges. In addition to the variable fees related to the volume of products, companies may also incur additional administrative costs, related, for example, to joining the PRO system or to operating an authorised representative (mandataire).

Product and packaging labelling requirements

The French EPR system also includes specific obligations regarding the marking of products and packaging. One of the most distinctive elements of French regulations is the mandatory use of the Triman symbol, which informs the consumer that the product or its packaging is subject to separate collection and recycling rules. In many cases, the Triman symbol must be used together with additional waste sorting instructions, referred to as Info-tri. These markings are intended to make it easier for consumers to correctly sort waste and to increase the efficiency of recycling systems. Detailed marking requirements may vary depending on the waste stream and the type of product. In practice, these markings can be placed directly on the product, on the packaging, or in information materials accompanying the product.

Information obligations for purchasers

Businesses placing products on the French market are obliged to provide consumers with information regarding the proper disposal of products at the end of their use. Information obligations may include, among other things, providing details on waste sorting rules, the meaning of environmental labels, and the possibilities for returning used products to collection systems. This information can be conveyed in various forms, for example:

• in the product manual or documentation supplied with the product,
• on the product packaging,
• on the product page or in the product description in the online shop,
• in electronic communication related to the purchase.

In e-commerce sales, environmental information is often conveyed in product descriptions or in post-purchase customer communications.

Waste streams and exemptions

The French EPR system covers a very wide range of product categories. In addition to core streams such as packaging, electrical and electronic equipment, and batteries, the system also includes other product categories, including textiles, furniture, toys, and sports equipment, among others. In most cases, French regulations do not provide for general exemption thresholds based solely on small quantities of products placed on the market. This means that EPR obligations can arise from the moment the first products falling under a given system are introduced. Therefore, analysing your product range and identifying the relevant waste streams is one of the most important steps in preparing for sales in the French market.

Consequences of non-compliance

Failure to comply with EPR obligations in France can lead to administrative sanctions and significant operational risks for companies operating in the French market. Companies that fail to complete the required registration, fail to report the quantities of products placed on the market or fail to participate in the relevant recycling scheme may be subject to administrative penalties under French environmental law. For online sales, consequences may also arise at the level of marketplace platforms. Marketplace platforms operating in the French market increasingly require sellers to provide UINs confirming registration in the EPR system for the relevant waste stream. Failure to provide such a number may lead to reduced visibility of listings, blocked sales or additional verification procedures. Therefore, ensuring EPR compliance is not only a regulatory obligation, but also an important element in ensuring the continuity of sales in the French market.

Summary

Extended Producer Responsibility (EPR) is a significant regulatory element for businesses introducing products to the French market. Companies selling to France – including through cross-border e-commerce – should analyse whether their products or packaging are subject to one of the EPR schemes and organise the fulfilment of their obligations accordingly. This means identifying the relevant waste streams, joining the appropriate Producer Responsibility Organisation (PRO), obtaining Unique Identification Numbers (UIN), and keeping records and reporting on the quantities of products placed on the market. As the French EPR system covers many different product categories and separate organisational schemes for individual waste streams, proper planning of the compliance structure from the outset can significantly simplify further administrative duties and reduce the risk of regulatory issues.

Support in fulfilling EPR obligations

Rulity Consulting supports companies selling into France in the practical organisation of EPR compliance in a structured and operationally efficient manner. The process starts with an analysis of the product portfolio and sales model to determine which waste streams are triggered by the company's activities in compliance with French regulations. In the case of e-commerce sales, this analysis often includes not only packaging, but also other product categories such as electronics, batteries, textiles, furniture or toys. On the basis of this analysis, the appropriate path for implementing the obligations is determined. This includes the identification of the required registrations, the selection of appropriate producer responsibility organisations (PROs), the organisation for obtaining UINs and the implementation of reporting procedures tailored to the waste stream. Where necessary, support is also provided in organising the appointment of an authorised representative (mandataire) and in preparing product labelling documentation, including Triman symbol obligations and Info-tri instructions.

FAQ

Is EPR applicable if I only sell to France occasionally?

Yes. EPR obligations arise at the moment a regulated product or packaging is placed on the French market as part of commercial activity. In practice, this means that even small-scale cross-border sales can trigger registration and reporting obligations.

Do shipping packaging also fall under EPR? Do shipping packagings also fall under EPR?

Yes. Packaging used for shipping products to customers in France — such as cardboard boxes, films, or filling materials — may be subject to the EPR system for packaging.

Do EPR obligations also apply to importers and distributors?

Yes. French regulations focus on the entity that first places a product on the market in the course of business. This may be the producer, importer, distributor selling products under their own brand, or an online seller shipping products directly to consumers in France.

What documents are worth having in the event of an inspection or verification by a sales platform?

In practice, a company should be able to present documents confirming EPR compliance, in particular:

• producer identification number (UIN)
• confirmation of participation in the relevant PRO organization
• documents regarding the appointment of an authorised representative (if required)
• records of the quantities of products or packaging placed on the market

Does selling through a marketplace or fulfillment centers change EPR obligations?

No. The method of fulfilling orders does not eliminate EPR obligations. If products are placed on the French market in the course of business, these obligations may still apply to the seller.

Do you need support with registration in the French market? Rulity Consulting can help you through the verification process and ensure accurate reporting.