Do I Need a French EPR Representative if My Distributor Imports the Goods?

Usually not for those goods. When a France-established distributor buys and imports your products, it is the producer under French EPR and registers in its own name. You need your own registration, through a France-established representative (Article L. 541-10-9-1, since 10 July 2026), for every channel where you sell into France yourself.

Most B2B suppliers run more than one channel. This article shows how to tell which case you are in, because getting it wrong means either an unmet obligation or paying twice for the same goods.

Who places the product on the market first?#

The legal entity that first makes the product available on the French market, and that entity is the producer. Under Article L. 541-10 of the Code de l'environnement, reinforced by the AGEC law of 10 February 2020, the producer is whoever first makes the product available on the French market. It is not the factory, not the brand owner by default, and not the final retailer. It is the legal entity responsible for the first placing on the French market.

That single test resolves the distributor question:

• If a France-established distributor buys the goods from you and imports them, that distributor performs the first placing on the French market. The distributor is the producer, registers with the relevant eco-organisms, obtains its IDU, and declares the tonnage. You are upstream of the trigger.
• If you place the product on the French market yourself, you are the producer, regardless of who physically handles logistics. Shipping through a third-party warehouse or a customs broker does not move the producer status to them, and a customs or VAT representative is not an EPR representative (see EPR representative vs EU authorised representative).

Electrical equipment and batteries: sales to end users only#

For electrical and electronic equipment (WEEE) and for batteries, the test is narrower. A seller with no establishment in France is the producer only for what it sells directly to end users in France: consumers, or businesses that use the goods rather than resell them. That holds even when the goods ship from stock in a French 3PL or under DDP. What it sells to a French retailer, wholesaler or distributor that resells is declared by that reseller, not by the seller (Article R. 543-174 of the Code de l'environnement; Regulation (EU) 2023/1542, Article 3, point 47). Stock or a VAT number in France does not make the seller established in France.

When is the obligation genuinely the distributor's?#

When a single French distributor imports your full range and resells it onward (to retailers, to professionals, or to consumers), the obligation sits with that distributor. You do not need a French representative for those specific goods, because you are not the entity placing them on the market.

What you should still do: get evidence. Ask the distributor for its IDU per applicable stream and a short written statement that it declares the products it purchases from you. This protects you if ADEME or a marketplace ever asks, and it closes the gap where each party assumes the other is registered.

When do you remain the producer (and need a representative)?#

Most non-French suppliers do not sell exclusively through one importing distributor. The common patterns where you are the producer:

• Direct-to-consumer sales into France (your own webstore, a marketplace account in your name).
• Sales to French customers who are not importers, for example a retailer that buys ex-works and where you remain the entity placing the goods on the French market. For electrical equipment and batteries, a retailer that resells declares those units itself: only your sales to end users count.
• Marketplace sales where your company is the seller of record. Under Article L. 541-10-9, the marketplace must verify your registration and will deactivate listings without a valid IDU.
• Free samples, showroom stock and promotional goods you send into France yourself.

In any of these, if your company is not established in France you appoint a France-established authorized representative (mandataire) to register, obtain the IDU, and file the annual declaration on your behalf. The legal basis: a written mandate under Article L. 541-10-9-1 of the French Environmental Code, created by Law No. 2026-602 of 8 July 2026. Since 10 July 2026, any producer not established in France and subject to EPR must appoint a representative established in France, for every stream. For packaging, Article 45 of Regulation (EU) 2025/40 (PPWR) adds the same requirement at EU level. You remain the producer. Under the written mandate required by Article L. 541-10-9-1 of the French Environmental Code, we take charge of and answer for your registration, your identifier, your declarations, the exchanges with the eco-organisation and audits, and the archiving of your files. Your eco-contributions stay invoiced to you and paid by you directly to the eco-organisation.

If you are unsure which streams apply, our eco-contribution simulator maps your product types to streams in about a minute, and you can start a registration once you know the scope.

Quick reference: who registers?#

Does EU or non-EU change the test?#

A frequent misconception, especially among EU suppliers, is that EPR representation is a "non-EU only" rule. It is not. The trigger is establishment in France, not nationality. A Danish furniture maker or a Spanish homeware brand that is not established in France and places products on the French market is a producer in the same way a Turkish or US company is. Since 10 July 2026, Article L. 541-10-9-1 of the French Environmental Code requires every producer not established in France, EU or not, to appoint a representative established in France, for every stream. For packaging, PPWR adds the same requirement at EU level: since 12 August 2026, Article 45 of Regulation (EU) 2025/40 requires a producer that makes packaging available in a member state where it is not established, including from another EU country, to appoint an authorised representative for extended producer responsibility in that member state. We cover this in detail in our guide on whether EU companies need French EPR.

What should you confirm with your distributor before you decide?#

To avoid both a compliance gap and double payment:

1. Who is the importer of record for each product line. This is the single most decisive fact.
2. Does the distributor hold an IDU for the streams your products fall under (packaging, furniture, WEEE, batteries, and so on).
3. Which channels you keep yourself. Any channel you retain (D2C, marketplaces, direct retailer sales) is your obligation.
4. Packaging double-counting. If the distributor declares the sales packaging and you also declare it, you both pay. We walk through how to prevent this in avoiding double-declaration of packaging.

Frequently asked questions#

If my French distributor is the importer of record, do I still need to register for EPR?#

Not for the goods that distributor imports and resells in its own name: as the first to place them on the French market, it is the producer and registers itself. You still need your own registration, through a France-established representative if you have no French establishment, for every channel where you sell into France yourself, such as a webstore or a marketplace account.

We sell to several French retailers. Are they each the producer?#

The producer is whoever first places the product on the French market. If you ship from outside France to French retailers and you are the entity importing or making the goods available, you are the producer, not each retailer. If instead one France-established distributor imports your full range and resells to those retailers, that distributor is the producer. Electrical equipment and batteries follow a narrower test: a seller with no establishment in France is the producer only for its direct sales to end users in France, so the units it sells to French retailers are declared by each retailer. Map each commercial flow separately; mixed setups are common.

How do I prove my distributor is handling the EPR registration?#

Ask for the distributor IDU (Identifiant Unique) issued by ADEME for each relevant stream, and a written confirmation that they declare the products they buy from you. Keep this on file. If they cannot provide an IDU, the obligation has not been met and the exposure can fall back on you or on the marketplace selling the goods.

Does it matter that we are an EU company, not a non-EU one?#

No. The test is establishment in France, not EU membership. An EU company not established in France that places products on the French market is a producer and, since 10 July 2026 under Article L. 541-10-9-1 of the French Environmental Code, must designate a France-established authorized representative for every stream, exactly like a non-EU company. For packaging, PPWR Article 45 adds the same rule at EU level since 12 August 2026.

When do you not need us?#

When a France-established distributor imports everything you sell into France and you keep no channel of your own. The answer is conditional, and the value is in mapping your actual channels. We are a France-established mandataire that registers and declares the French streams only; we will tell you plainly when your distributor already covers the obligation and you do not need us, and exactly where you still do.

Want a second opinion on your setup? Request a written quote and we will tell you in writing which flows are yours and which are your distributor's.

Sources#

• Article L. 541-10 du Code de l'environnement (Légifrance)
• Article L. 541-10-9 (marketplace liability), Légifrance
• Loi n° 2020-105 du 10 février 2020 (AGEC), Légifrance
• Loi n° 2026-602 du 8 juillet 2026, article 5 créant l’article L. 541-10-9-1 du Code de l’environnement (mandataire obligatoire), Légifrance
• Regulation (EU) 2025/40 (PPWR), EUR-Lex
• Article R. 543-174 du Code de l'environnement (producteur d'équipements électriques et électroniques), Légifrance
• Regulation (EU) 2023/1542 on batteries, Article 3, point 47 (producer), EUR-Lex