Company based outside France: what are your EPR obligations in France?
If your company is based outside France and places products or packaging on the French market, it may be subject to Extended Producer Responsibility (EPR) obligations.
Depending on your activity and how your products or packaging are placed on the market in France, you may be considered a producer under French and/or European regulations. As such, you must comply with the obligations applicable to the relevant EPR scheme or schemes.
In some cases, you must also appoint an EPR representative established in France to help ensure compliance with your EPR obligations.
Here are the key rules you need to know to ensure compliance.
Are you subject to EPR in France?
You may be subject to EPR if you place products or packaging covered by an EPR scheme on the French market for the first time.
This may be the case, for example, if you:
- manufacture products or packaging intended for the French market;
- Sell your products directly to customers located in France;
- Sell your products or packaging via a website or marketplace;
- place products on the French market under your own brand..
The fact that your company is established outside France does not exempt you from the obligations laid down by French regulations if you are considered a producer under Extended Producer Responsibility (EPR).
What are your obligations?
When a company established outside France is subject to Extended Producer Responsibility (EPR) in France, it must comply with the obligations applicable to the products or packaging it places on the French market.
Depending on the relevant EPR scheme or schemes, these obligations may include:
- Membership in one or more approved producer responsibility organisations (PROs);
- Obtaining a Unique Identification Number (UIN) for each relevant EPR scheme, confirming the company’s compliance for that scheme;
- Reporting the quantities of products or packaging placed on the market for each relevant EPR scheme;
- Payment of the relevant EPR fees or eco-contributions used to finance the end-of-life management of the products and packaging concerned;
- Compliance with the specific requirements applicable to each EPR scheme.
The applicable requirements may vary depending on the nature of the products or packaging concerned.
What is changing for companies based outside France
Act No. 2026-602 of 8 July 2026 introduced Article L.541-10-9-1 of the French Environmental Code.
This article provides that producers not established in France who are subject to EPR obligations must appoint, under a written mandate, a natural or legal person established in France to ensure compliance with their EPR obligations.
This provision is intended, in particular, to ensure that a contact person established in France is designated to monitor compliance with regulatory obligations.
Do you need to appoint an EPR representative?
If your company is not established in France and is subject to an EPR obligation, you must appoint an EPR representative established in France, in accordance with the applicable regulations.
The EPR representative is responsible, on your behalf, for ensuring compliance with the applicable EPR obligations.
In certain cases provided for by regulation, particularly when these obligations are already fulfilled by a marketplace or an equivalent mechanism, the appointment of a representative may not be necessary.
Steps to comply
To comply with French regulations, it is recommended that you follow these steps:
- Check whether your products or packaging fall under an EPR scheme.
- Identify the obligations that apply to your business.
- Determine whether you need to appoint an EPR representative.
- Join the relevant producer responsibility organisation(s) (PROs) and obtain a Unique Identification Number (UIN), where applicable.
- Submit the required EPR reports and comply with the obligations specific to the relevant EPR scheme or schemes.
Key Takeaways
- A company established outside France may be subject to EPR obligations if it places products or packaging on the French market.
- When it is considered a producer under the regulations, it must comply with the obligations applicable to the relevant EPR scheme or schemes.
- Since Act No. 2026-602 of 8 July 2026, persons not established in France who are subject to EPR obligations must, under a written mandate and in accordance with the conditions set out in the French Environmental Code, appoint an EPR representative established in France.
