compliance teamThe French representative duty: what article L. 541-10-9-1 actually says
Step 1
Confirm establishment
Step 2
Define the perimeter
Step 3
Sign a written mandate
Step 4
Record changes and termination
| Control | Evidence to retain |
|---|---|
| Scope | Entity, product, channel, scheme and source |
| External action | Version, date, authorised filer and issued receipt |
| Maintenance | Source data, approval, invoice and next deadline |
The duty is written in the statute, and its trigger is establishment
Article L. 541-10-9-1, created by article 5 of law no. 2026-602 of 8 July 2026, provides that when a person not established in France is subject to extended producer responsibility, it designates by written mandate a natural or legal person established in France as its representative, and that this representative is subrogated in all obligations arising from extended producer responsibility whose mandate it accepts.
The trigger is establishment in France, not nationality and not EU membership. A German or Italian company without a French establishment is covered on exactly the same wording as a company in the United Kingdom, the United States or China.
Why the 2026 date matters
A representative with subrogation previously existed only in a decree, article R. 541-174. The Conseil d’État annulled that provision by decision no. 449213 of 10 November 2023 because no statute provided for such a substitution. Between then and July 2026 the arrangement had no statutory basis.
Much of the guidance published online still describes the earlier position. When you read a page about French representatives, check whether it was written before or after 10 July 2026, because the legal effect changed.
The mandate perimeter is the whole negotiation
Subrogation follows what the representative accepts. A mandate that names the schemes, the start date, the duration and the termination route is protective for both parties; a mandate that says “EPR obligations” without a perimeter is not.
Three limits belong in writing: the mandate covers the schemes it names, it operates prospectively rather than absorbing undeclared past years, and the accuracy of declared volumes remains the producer’s responsibility.
Conclusion
Scope comes before a form. Connect the legal entity, product, sales channel and EPR stream to the rule that actually applies.
Evidence must remain traceable. Keep source data, versions, approvals, filings, receipts and every record issued by an external body.
Third-party decisions are never guaranteed. Eco-organisations, the public register and marketplaces control their own procedures, timing and decisions.