Does Extended Producer Responsibility (EPR) apply to my company?
You may be subject to Extended Producer Responsibility (EPR) if you place products or packaging on the French market that fall under an EPR scheme.
The term “producer” does not refer solely to the manufacturer.
Under EPR, the term refers more broadly to the first entity to place a product on the market: a manufacturer, importer, distributor, own-brand seller, distance seller or foreign company selling in France.
EPR applies to you if you place a product on the French market
You may be considered a producer for EPR purposes when you place a relevant product or packaging on the French market for the first time.
This may be the case if you:
- Manufacture products in France and sell them in France;
- Import products from abroad to sell them in France;
- Resell products under your own brand;
- Sell online to customers located in France;
- Distribute products covered by an EPR scheme.
The key point, therefore, is to identify who first places the product on the French market.
Which products or packaging are covered?
Extended Producer Responsibility (EPR) applies to certain product categories, known as EPR schemes.
Examples include:
- Batteries;
- Electrical and electronic equipment;
- Photovoltaic panels;
- Sports and leisure goods;
- Thermal-powered DIY and gardening equipment;
- Professional packaging;
- Textiles;
- Furniture;
- Toys;
- And other categories defined by regulation.
Under EPR, a single product may fall under several EPR schemes. For example, an electrical device containing a battery and supplied in packaging may need to be assessed against several schemes.
What should you do if EPR applies to you?
If you place products covered by an EPR scheme on the French market, you must check your obligations.
If EPR applies to your company, you will generally need to:
- Identify the relevant EPR scheme or schemes;
- Join an approved producer responsibility organisation (PRO) or, where permitted, set up an individual compliance scheme;
- Obtain a Unique Identification Number (UIN) for each relevant EPR scheme;
- Report the quantities of products placed on the market;
- Pay the required EPR fees;
- Update your information when your business activities change.
Article L.541-10-13 of the French Environmental Code provides that producers subject to Extended Producer Responsibility (EPR) must be registered with the relevant administrative authority and obtain a Unique Identification Number (UIN).
Foreign companies
If you are not established in France but place products or packaging on the French market, Extended Producer Responsibility (EPR) may also apply to you.
In some cases, you may need to appoint an EPR representative. The representative acts on your behalf in France to carry out certain procedures, depending on the scope of the mandate and the relevant EPR schemes.
Key Takeaways
To determine whether EPR applies to you, ask yourself three questions:
- Do you sell or distribute products or packaging in France?
- Do these products fall under one or more EPR schemes?
- Are you the first entity to place them on the French market?
If the answer is yes, you probably have EPR obligations to check.
