Since July 10, 2026, French rules on Extended Producer Responsibility have changed.
A producer subject to EPR obligations in France that is not established in France must now appoint a representative established in France.
This obligation applies to companies established in another European Union country.
It also applies to companies established outside the European Union.
The country where the company is registered is therefore no longer the only factor to consider.
The key criterion is whether the company is established in France.
Which Producers Must Appoint an EPR Representative in France?
Article L. 541-10-9-1 of the French Environmental Code now requires a representative to be appointed when a person that is not established in France is subject to Extended Producer Responsibility.
This rule has applied since July 10, 2026.
The representative must be a natural or legal person established in France.
The appointment must be formalized through a written mandate.
The representative then ensures compliance with the EPR obligations covered by the mandate.
This obligation therefore does not apply only to companies located outside the European Union.
A German, Belgian, Italian, Spanish or Dutch company may be concerned if it qualifies as a producer under French EPR rules and is not established in France.
The same applies to Swiss, British, American, Canadian or Asian companies.
The Obligation Applies to All French EPR Schemes
The new French rule is not limited to packaging.
It applies to persons not established in France that are subject to Extended Producer Responsibility.
It may therefore concern several EPR schemes.
For example:
Household packaging and paper.
Professional packaging.
Electrical and electronic equipment.
Batteries.
Textiles.
Sports and leisure equipment.
DIY and gardening products.
Toys.
Furniture.
And more generally, other EPR schemes provided for by the French Environmental Code when the company qualifies as a producer.
A foreign company selling several categories of products may therefore be subject to several EPR schemes at the same time.
Each situation must be assessed separately.
What Does “Not Established in France” Mean?
A company can sell significant volumes of products in France without being legally established there.
Simply having French customers does not necessarily mean that the company is established in France.
Likewise, storing goods in a French warehouse or using a logistics provider in France does not automatically mean that the producer is established in France.
A distinction must therefore be made between commercial presence and the legal establishment of the company.
A foreign company selling directly to French customers may still be considered not established in France.
In that case, if it qualifies as a producer under one or more EPR schemes, the requirement to appoint a French representative must be assessed.
The EPR Representative Takes Responsibility for the Obligations Covered by the Mandate
The French Environmental Code provides that the representative is subrogated to the EPR obligations covered by the mandate it accepts.
Appointing a representative is therefore not merely an administrative formality.
It is a genuine regulatory compliance mandate.
Its scope must be defined precisely.
It may include membership with Producer Responsibility Organizations, regulatory procedures, declarations, compliance monitoring and the exchanges required to maintain EPR compliance.
The mandate must be in writing.
The relevant EPR schemes must be correctly identified.
Do You Need to Appoint a Representative for Each EPR Scheme?
A company may be subject to several EPR schemes in France.
It must ensure that its obligations are properly covered for each of them.
Being compliant with packaging EPR is not sufficient if the company also places electrical equipment, batteries or other products subject to a separate EPR scheme on the French market.
The assessment should therefore begin with a mapping of the products placed on the French market.
The applicable EPR schemes must then be identified.
Registration, membership, declaration and representation obligations should then be reviewed for each scheme.
Being Registered With a Producer Responsibility Organization May Not Be Enough
A foreign company may already be registered with a French Producer Responsibility Organization.
It may already have a Unique Identification Number, known in France as an IDU.
This does not necessarily mean that all obligations relating to the appointment of a representative have been fulfilled.
Since July 10, 2026, producers not established in France must integrate this new requirement into their EPR compliance framework.
An existing registration may therefore need to be updated.
The mandate may also need to be communicated to the relevant Producer Responsibility Organization.
The situation must be reviewed scheme by scheme.
Foreign Companies and Marketplaces: Pay Attention to EPR Compliance
Sellers using online marketplaces are particularly concerned.
Platforms already have obligations to verify the EPR compliance of certain sellers.
Failure to register or provide a required IDU can have significant commercial consequences.
EPR compliance should therefore not be addressed only when the annual declaration becomes due.
It should be checked before products are placed on the market.
A company selling through Amazon, Cdiscount, ManoMano or another marketplace should ensure that all applicable EPR schemes have been correctly identified.
It should also verify its memberships, IDUs and, when it is not established in France, its obligation to appoint a representative.
What Changes Under the EU PPWR From August 12, 2026?
Regulation (EU) 2025/40 on packaging and packaging waste, known as the PPWR, generally applies from August 12, 2026.
It progressively strengthens and harmonizes packaging rules across the European Union.
The PPWR also contains specific provisions relating to Extended Producer Responsibility.
Where a producer covered by the Regulation makes packaging or packaged products available for the first time in another Member State under the conditions set out in the Regulation, Article 45 provides for the appointment, through a written mandate, of an authorized representative for EPR in the relevant Member State.
The PPWR therefore adds a European dimension to the issue of EPR representation.
However, in France, companies should not wait until August 12, 2026 to assess this obligation.
French law has already required, since July 10, 2026, persons not established in France that are subject to French EPR obligations to appoint a representative.
The French Rule Is Broader Than Packaging EPR Alone
It is important not to confuse the PPWR with the French obligation that entered into force on July 10, 2026.
The PPWR concerns packaging and packaging waste.
The French provision applies more broadly to persons not established in France that are subject to Extended Producer Responsibility.
A foreign company may therefore be required to appoint a representative in France for an EPR scheme unrelated to packaging.
August 12, 2026 is therefore not the general starting date for the French representative requirement.
In France, this obligation has already applied since July 10, 2026.
Does a French Company Need to Appoint an EPR Representative?
A company established in France is not subject to the obligation that applies specifically to producers not established in France.
However, it remains subject to its own EPR obligations.
It must identify the applicable EPR schemes.
It must register where required.
It must join a Producer Responsibility Organization or implement the appropriate regulatory solution.
It must submit its declarations.
It must pay the corresponding eco-contributions.
Appointing a representative does not replace EPR obligations.
It organizes how those obligations are fulfilled for a producer that is not established in France.
EPR Representative and Authorized Representative: What Is the Difference?
The terminology may vary depending on the legislation, EPR scheme and organization involved.
Terms such as “EPR Representative” and “Authorized Representative” may be used.
In all cases, it is essential to carefully review the exact scope of the mandate.
Some companies want to outsource their entire EPR compliance management.
Others already manage their memberships, volumes, declarations and eco-contributions internally.
They only need a French entity able to perform the regulatory role of Authorized Representative.
These two requirements should not be confused.
Ekovio Can Act Solely as Your Authorized Representative
You do not have to outsource your entire EPR management to your Authorized Representative.
Ekovio can act solely as your Authorized Representative.
This solution is particularly suitable for foreign producers that already have their own EPR compliance processes in place.
You can continue managing your data, volumes and internal organization.
Ekovio then specifically provides the agreed regulatory representation in France.
The exact scope of the service is defined contractually.
This approach allows you to retain operational control of your EPR compliance while meeting your representation requirements in France.
Ekovio can also provide more comprehensive support when a company wishes to outsource a larger part of its French EPR compliance management.
How Can a Foreign Producer Become EPR Compliant in France?
The first step is to determine whether the company qualifies as a producer in France.
The next step is to verify whether the company is legally established in France.
If it is not, its obligation to appoint a representative must be assessed.
The applicable EPR schemes must then be identified.
Existing memberships should be reviewed.
IDUs should also be verified.
Finally, where the obligation applies, a written mandate must be concluded with a representative established in France.
A company that was already registered before July 2026 should also verify whether its existing compliance arrangements need to be updated.
EU Producer: You May Also Be Concerned
One of the main sources of confusion concerns companies established within the European Union.
Being established in the European Union does not mean being established in France.
A German company selling directly in France may therefore be concerned.
The same applies to a Belgian, Spanish, Italian, Dutch or other EU company.
Compliance must be considered country by country.
EPR compliance obtained in another Member State does not automatically replace French obligations.
Registrations, Producer Responsibility Organizations and EPR mechanisms remain largely organized at national level.
Non-EU Producer: The Obligation Should Be Anticipated
Companies established outside the European Union should also pay particular attention to these requirements.
A Swiss, British, American or Chinese company placing products on the French market may qualify as a producer under French EPR schemes.
It may therefore be required to appoint a representative established in France.
It must also verify its registration, declaration and identification obligations for each relevant scheme.
The application of the PPWR also introduces additional packaging requirements at European level.
What Should You Do If You Already Sell in France?
A company that already places products on the French market should not wait until its next annual declaration.
It is recommended to immediately verify:
Its producer status.
Whether or not it is established in France.
The applicable EPR schemes.
Its memberships with Producer Responsibility Organizations.
Its Unique Identification Numbers.
Its previous declarations.
And any obligation to appoint a representative established in France.
Companies that were already compliant before July 2026 may need to adapt their compliance framework to meet this new requirement.
Ekovio Supports Foreign Producers With EPR Compliance in France
Ekovio supports foreign companies with their Extended Producer Responsibility compliance in France.
The service can be adapted according to the level of delegation required.
Ekovio can act solely as your Authorized Representative.
In this case, the company retains operational management of its EPR obligations where this matches its existing organization.
Ekovio can also take responsibility for more comprehensive management of French EPR obligations.
Each EPR scheme and each company situation requires an individual assessment.
You can contact Ekovio to verify the obligations applicable to your company.
Frequently Asked Questions About EPR Representatives in France
Does a German Producer Need a Representative in France?
Potentially, yes.
A German company is not considered established in France simply because it is established within the European Union.
If it is subject to French EPR obligations and is not established in France, the representative requirement under the French Environmental Code must be taken into account.
Does a Swiss Producer Need to Appoint a Representative in France?
Yes, if it is subject to French EPR obligations and is not established in France.
The French rule applies to foreign producers established both inside and outside the European Union.
Is an EPR Representative Mandatory Only for Packaging?
No.
The French provision applicable since July 10, 2026 applies more broadly to persons not established in France that are subject to Extended Producer Responsibility.
Does the PPWR Apply From August 12, 2026?
Yes.
Regulation (EU) 2025/40 generally applies from August 12, 2026.
However, certain obligations under the Regulation have their own specific application dates.
Can I Continue Managing My Own EPR Declarations?
Yes, depending on the chosen organization and the scope of the mandate.
A company may wish to retain control over its data and operational EPR obligations while appointing Ekovio solely as its Authorized Representative.
Can Ekovio Act Solely as My Authorized Representative?
Yes.
Ekovio can provide the Authorized Representative service only, without requiring you to outsource your entire EPR management.
The scope of the assignment is defined contractually.
Does a Company Registered Before July 2026 Need to Review Its Situation?
Yes.
Having an existing membership or IDU is not, by itself, sufficient to establish that the new representative requirement has been fulfilled.
The producer’s situation and each applicable EPR scheme must be reviewed.
Check Your French EPR Compliance Now
The rules applicable to foreign producers in France have changed.
Since July 10, 2026, a producer that is not established in France and is subject to EPR obligations must take into account the representative requirement provided for by the French Environmental Code.
The PPWR also strengthens the European framework applicable to packaging from August 12, 2026.
A company active on the French market should therefore review its producer status, applicable EPR schemes, memberships, IDUs and representation arrangements.
Ekovio can support you with the complete management of your French EPR compliance or act solely as your Authorized Representative.
Contact Ekovio to assess your situation.
