Changes on EPR for France, 2022
1. What is EPR and who is considered a producer?
Extended Producer Responsibility (“EPR”) is a policy approach under which producers accept significant responsibility – financial and/or physical – for the treatment or disposal of post-consumer products. Assigning such responsibility could provide incentives to prevent wastes at the source, promote product design for the environment and support the achievement of elevated public recycling and material management goals.
Producers manufacture, sell and or import goods. Specifically in France, you are considered a producer in France if you meet at least one of the following conditions:
- Generate waste in France
- Manufacture a product and sell it domestically
- Import a product into France
- Sell products under your own brand/name
A producer takes responsibility for financing collection, recycling and end-of-life disposal of various EPR categories that include packaging, WEEE, and batteries.
2. How will EPR for France change?
Since 2022, 01 January, it has become a legal requirement for Amazon to check if all 3rd party sellers in France are compliant with their EPR obligations. It has become mandatory for producers to obtain one valid UIN for each category of products they sell.
Valid UINs are obtained by registering with at least one eco-organizations, also known as PROs. PROs must receive reports and be paid eco-fees regularly, for example, quarterly or bi-yearly. Both are based on the number and type of products sold. Alternatively, an Individual Waste Management system could be set up, however, this solution is often more complex and subject to disapproval by the French regulators. If neither is done, Amazon will pay eco-contributions on your behalf but will recover the fees from you later.
3. Relevant EPR categories when selling to France
In Amazon.fr, as of 2022, there are 14 product categories subject to EPR compliance, with new categories being introduced in the upcoming years. Amazon is legally obliged to check that all UINs submitted by you satisfy these.
4. Take-back requirements
Take-back requirements are EPR requirements for sellers to provide customers the possibility to return their old similar products for recycling, at the customers’ doorstep, free of charge.
There are two types of take-back obligations if you sell EEE, furniture and/or chemicals products:
1:1 obligation: taking back used products from a customer on the condition that the customer has purchased a new product only for the selected category.
1:0 obligation: taking back used products even if the customer has not purchased a new product.
5. How can TBA Global help sellers to become compliant?
It is recommended that you hire a specialist, such as TBA Global, to do a legal assessment on clarifying what you are legally obligated to do regarding this policy.
TBA Globalassists sellers with EPR registration and reporting obligations, thus acts as the point of contact for all questions on EPR compliance. TBA Global also offers local VAT regulation checks to ensure that the process goes smoothly no matter the location of the international client; Preventing local rules from interfering with international rules. For more information, get in touch with TBA Global.