According to the compliance requirements of the European Union Extended Producer Responsibility (EPR) and the guiding framework of environmental protection system, different EU countries/regions have gradually developed their EPR system to determine producer responsibility. In this regard, this Compliance Guide to the French EPR Policy (the "Guide") is developed to provide compliance advice to Sellers and to enable them to ensure that the goods they sell to France are in compliance with the French EPR requirements.
What is EPR?
EPR stands for Extended Producer Responsibility. Extended Producer Responsibility (EPR) is a European Union environmental policy requirement. Based on the "polluter pays" principle, producers are required to reduce the environmental impacts of their products throughout their life cycle, and to take responsibility for the entire life cycle of the products they put on the market (i.e. from the production and design of the products to the management and disposal of waste). Overall, EPR aims to improve the quality of the environment by preventing and reducing the environmental impacts of goods such as packaging and packaging waste, electronic goods, and batteries.
What types of products are covered by EPR in France?
Sellers need to know which EPR product categories they need to register for after understanding their product categories. Each classification requires registration and reporting to a different Producer Responsibility Organization ("PRO").
- Electrical and Electronic Equipment (EEE): Household goods, lamps, fire extinguishers, light bulbs, solar cells and professional electronics
- Batteries: Portable, automotive and industrial batteries
- Packaging: cartons and product packaging (e.g. toy boxes), transportation boxes, transportation labels, tapes, etc.
- Furniture: domestic and commercial
- Textiles: clothing, home furnishings and shoes
- Tires: civilian car, tractor and heavy-duty tyres
- Chemicals: Klebstoff, Farben, Autolack, Acetone, Vaseline, Mastixharz
- Medical puncture devices: puncture devices used for self-medication, such as needles and lancets with retractable tips
- Tobacco and Accessories: Tobacco and Tobacco Accessories
- Mineral or synthetic lubricants or industrial oils: Lubricants or industrial oils (mineral or synthetic)
- Sports and leisure goods: sports and leisure products, excluding products belonging to different EPR categories
- Hardware stores: paint, DIY and gardening products with internal combustion engines and DIY and gardening products without internal combustion engines, excluding products in another EPR category
- Building products and materials: building products for commercial or private households
- Toys: toys, excluding toys belonging to another EPR category (e.g. EEE)
- Non-biodegradable synthetic chewing gum: Non-biodegradable synthetic chewing gum
- Hygiene disposables (non-reusable): disposable hygiene products, including disposable wipes for hygiene or cleaning purposes
- Professional Packaging: Professional Use Packaging
- Fishing gear containing plastic: Fishing gear containing plastic
How can I tell if a seller is a producer?
Under Article L541-10 of the French Environmental Code, you are considered a producer if you generate waste in France and meet at least one of the following conditions:
- You manufacture goods in France that are subject to the extended producer responsibility requirements in France and sell them in France.
- You import goods into France that are subject to the extended producer responsibility requirements.
- You sell goods under your own brand or name.
If you are unsure whether you are a producer as defined by the French EPR requirements, please refer to the definitions in Articles L.541-10, R.543-54, R543-125 and R543-174 of the French Environmental Code.(Link: https://www.legifrance.gouv.fr/codes/article_lc/LEGIARTI000041599099/)
How are sellers to comply with EPR requirements?
Step 1: Determine whether the goods in question involve EPR.
Packaging laws apply to almost all goods, and sellers need to determine whether other EPR categories are involved based on the type of goods being sold.
Step 2: Statistics on the types of goods that require EPR registration and reporting
Statistics and confirmation of the types of EPR involved in each good. Regardless of whether the seller is a manufacturer or not, as long as the seller sells the applicable merchandise into France, the seller must report the types and quantities of EPR merchandise sold by the seller to the appropriate Producer Responsibility Organization (PRO) within the required reporting period.
Step 3: Complete the registration process and obtain an EPR registration number.
If the Seller is a Producer as defined by the French EPR requirements, the Seller must immediately apply to the French administrative authorities or through the relevant Producer Responsibility Organizations (PROs) for an EPR registration number for each applicable category in order to comply with the French EPR requirements. Sellers need to apply on the website of the corresponding PRO in the relevant country, or they can commission an external organization to assist them in the registration process in France and obtain an EPR registration number.
EPR registration will generally require the following information, for reference only, the specific information required to the actual application requirements shall prevail: scanned copies of business licenses, store information, merchandise information, the number of goods sold, VAT tax number, and so on. The application for the relevant registration number will take a few weeks depending on the specific circumstances, French Packaging Law: 1-4 weeks, French Electrical and Electronic Equipment Law and Battery Law: 1-6 weeks, etc., for reference only.
After registering for the EPR, relevant information will be printed on merchandise and packaging, including but not limited to the printing of a trash can logo on the electrical and electronic appliances merchandise and packaging sold, the printing of the recycling registration number on the invoices sold, the French Packaging Recycling Company logo on the packaging carton, and the need for French sellers of electrical and electronic appliances to list the environmental payment on the invoices, among other things.
Step 4: Payment of Recycling Fees to Producer Responsible Organizations (PROs)
Sellers must pay a recycling fee to the appropriate Producer Responsibility Organization (PRO) during the applicable cycle. Regardless of whether the Seller is a manufacturer or not, as long as the Seller sends the applicable Goods for sale in France, the Seller must pay an environmental contribution to the relevant Producer Responsibility Organization (PRO), which will be determined by the Producer Responsibility Organization (PRO) on the basis of the EPR Goods' product category, material/attributes, weight/size, quantity, eco-design, etc.
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