Identify the producer
Map the selling entity, establishment, contract, marketplace and importer for each sales flow.
French duty in force · EU regulation applies alongside it
The EU regulation sits on top of the French duties. It does not replace them.
France applies its own rules: since 10 July 2026 a person not established in France that is subject to extended producer responsibility designates a representative established in France by written mandate, registration produces one unique identifier per scheme through ADEME, and the marking duties apply whatever the volume. Regulation (EU) 2025/40 adds packaging requirements on its own timetable rather than replacing that procedure.
Rules in force · indicative scope only · no authority or marketplace outcome guaranteed
Four controls, not one number
Keep mandate, registration, declarations and marking distinct.
Document the written mandate
The mandate names the schemes it covers. It is not fiscal representation and does not make the service provider an eco-organisation.
Register and declare
Membership, the unique identifier, the annual declaration window and the eco-organisation invoice need their own evidence trail.
Check pack and terms
Sorting signage on the pack and the unique identifier in the sales terms and on the website are assessed separately from registration.
Route matrix
“B2B” is not enough information.
A French importer or reseller and a direct French business end user do not lead to the same answer. Confirm who first places the products on the French market, whether the recipient resells them as supplied, and what each platform actually undertakes in writing.
Marketplace sale into France
French law can treat the appointment duty as satisfied for products whose obligations a marketplace established in France ensures. That is a written-evidence question, product by product, and it never covers other channels.
Own webshop — direct sale
No platform relief applies. The seller carries the producer duty, the representative duty, the registration and the display duties in full.
Direct French business end user
Do not label this automatically as a reseller sale. A professional buyer that uses the product rather than reselling it does not move the producer duty away from you.
French importer or reseller
Where the French buyer places the goods on the market itself, the producer duty normally follows that buyer; contracts and the flow of goods must confirm the allocation.
Establishment in France
The entity registers directly and has no duty to appoint a representative established in France.
Mixed channels
Separate every flow. A reseller share can move responsibility to French buyers while direct and marketplace shares follow different routes.
What to prepare now
Build one evidence chain per selling entity and route.
- 01
Confirm the seller
Legal entity, establishment, contracts and importer of record.
- 02
Map each route
Marketplace, own webshop, end-user and reseller flows kept separate.
- 03
Classify packaging
Annual consumer sales units, product family and the packaging added at fulfilment.
- 04
Choose the organisation
Compare the published scales, caps, minimums and thresholds before joining.
- 05
Keep evidence current
Mandate, identifiers, declarations, invoices and marking review reconciled.
Indicative packaging service references
Amazon Starter €399 first year / €299 renewal · Standard €474/year + €150 setup
Eco-contributions, VAT and third-party costs remain separate. Starter eligibility and every service scope require a written human review.
EU and non-EU sellers
The French duty does not distinguish EU from non-EU sellers.
The trigger written in article L. 541-10-9-1 is establishment in France, so a company established elsewhere in the EU is covered on the same wording as one established outside it. The EU regulation separately leaves a representative requirement for third-country producers to a Member State choice; that EU-level question is assessed on its own text and is not merged with the French national duty.
Questions about the EU regulation and French EPR
Does the EU regulation replace the French procedure?
No. France keeps its own register, its own identifiers, its own declaration window and its own representative duty.
Does the EU regulation replace registration or declarations?
No. Membership, the identifier, the annual declaration and the marking duties continue to be assessed on the French rules.
Is an own-webshop seller covered?
Yes. Selling directly to French consumers places the producer duty on the seller, and no marketplace relief applies to that channel.
Does the French duty apply to non-EU sellers?
The article turns on establishment in France, so it covers companies established outside the EU on the same wording as EU companies without a French establishment.
Is every B2B sale a French importer route?
No. A purchase for resale must be distinguished from a sale to a business end user that uses the product. The contract and the flow of goods determine the allocation.
Does a low eco-contribution remove every obligation?
No. A published cap or minimum changes the invoice, not the duty. Registration, the annual declaration, the representative question and the marking rules still apply.
Can you guarantee a marketplace result?
No. We can prepare evidence for an agreed scope; Amazon and other marketplaces apply their own current fields, review and account decisions.
Primary sources · reviewed August 2026
- Regulation (EU) 2025/40 — EUR-Lex
- Code de l’environnement — article L. 541-10-9-1
- ADEME — the unique identification number
- ADEME — approved eco-organisations by scheme
- Decree no. 2021-835 on consumer sorting information
General information only, not legal advice or an authority decision. Product, contract, marketplace and procedural facts require individual review.
Map the French route before presenting evidence to a marketplace.
One scope first; any work, price and timeline confirmed separately in writing.