Extended Producer Responsibility (EPR) is a policy approach aimed at reducing the environmental impact of products throughout their entire lifecycle.

Under EPR, producers are held responsible not just for the production of goods the entire lifecycle of their products, including the disposal and recycling of their products at end-of-life.

EPR regulations have been mandated throughout the European Union (EU) by way of various directives, which require Member States to implement their own national regulations in line with EU rules. 

France is one of the leading adopters of EPR regulations, having mandated the most EPR regulations in the EU so far.   Today, we’ll cover the basics of EPR in France, and what sort of products are covered by current regulations. 

What is Extended Producer Responsibility?

EPR shifts the responsibility of waste management from consumers and local governments to the producers themselves. 

This means that producers must take into account the full environmental impact of their products—from design and production to disposal and recycling.  In practical terms, the responsibility is shifted by making the producers financially liable for the volume of waste produced by their products.  These are known as ‘contribution fee’ payments. 

EPR regulations therefore incentivise producers to minimise waste, design products with longer life cycles, and promote the use of recycled materials by passing the costs of waste management back to them.

How is a ‘producer’ defined?

In France, a ‘producer’ can be defined as any business entity which introduces regulated products into the French market – this also includes resellers and importers. 

For example, if you are selling inventory into France as an e-commerce distance seller, you will be liable to register for EPR and pay the relevant contribution fees.  This applies even if you have no physical entity in France, or even the EU!

French EPR Categories

There are three common categories which most businesses will need to consider before they start selling to French consumers:

1. Packaging:

This is one of the most common categories. 

Packaging covers both primary (product) and secondary (e.g. protective and/shipping) packaging. 

Due to how packaging is defined, if you are running an ecommerce business and intend to sell to French customers, it is very likely that you will be covered under the Packaging regulations due to the nature of shipping physical products. 

Following reforms implemented at the start of January 2024 (Decree No. 2023-305), the existing Paper category has also been merged with Packaging.

2. Waste Electrical and Electronic Equipment (WEEE):

Devices and equipment such as computers, household appliances, and smartphones are considered e-waste and therefore fall under the WEEE category.

3. Batteries

Devices containing batteries fall under the Batteries category – this is separate from WEEE.   For electrical/electronic equipment containing batteries, both registrations may be required. 

There are also several additional categories that are applicable in France:

• Chemicals
• Furniture
• Sports
• Textiles (including clothing)
• Toys
• Tyres

Frech EPR Registration

If you fall under one or more of the EPR categories, you will need to register for each category before you can start selling your products in France.

Once registered, you’ll need to comply with all ongoing obligations, including submitting a regular EPR declaration and paying any relevant contribution fees.

If your business is not registered in France, some EPR categories may require you to appoint a local representative to apply on your behalf.

Failure to register before selling can lead to financial penalties as well as the suspension of your business activities in France.

Frech EPR Ongoing obligations

You will need to fulfil ongoing reporting requirements for each individual EPR category that you are registered for.  The reporting frequency will vary depending on the specific category.  However, most categories will only require a single annual filing.

As previously outlined, you will also need to pay a contribution fee proportional to the amount of usage you have declared.  This is how the responsibility for end-of-life is shifted back to the producer – the producer incurs a financial cost proportional to the amount of waste materials placed on the market.

For some categories such as Packaging, there will also be a minimum contribution fee imposed regardless of your actual usage.  In these cases, you will need to pay at least the minimum contribution fee for each year that you are registered. 

Frech EPR Compliance on online marketplaces

Under French EPR regulations, online marketplaces such as Amazon are required to verify that businesses have the correct EPR registrations. 

This means that individual product listings will be checked by the platform and will need to be validated against the correct EPR category and registration number.

Product listings that do not have a valid registration attached will be suspended and/or subject to additional fees, depending on the platform. 

Easy EPR compliance solutions with TBA Global

At TBA Global we have extensive experience in providing trusted EPR compliance solutions for businesses in France and many other EU markets.  We can help ensure that your business is ready to trade in the EU!  

Did you know that the UK has also introduced its own EPR regulations?  If you’re selling in the UK, make sure you’re also aware of your obligations there. 

For more information, get in touch with us at info@tbaglobal.com for a free one-to-one consultation.