What is Extended Producer Responsibility (EPR)?
Extended Producer Responsibility (EPR) is an environmental policy that holds the producer of a product responsible for the product’s entire life cycle, from start to finish (including waste collection and treatment) to encourage mitigation of the environmental impacts of their products.
What is required under EPR for selling to France?
As of January 2022, under the Anti-Wastage & Circular Economy Law, sellers offering products to France (either domestically or internationally) must comply with French EPR regulations, which apply to certain categories of products. These categories include packaging, electronic equipment, batteries, furniture, and textiles. The full list of relevant products can be found here.
Registration of an EPR Unique Identification Number
The regulatory requirements include registering for an EPR unique identification number for each relevant product category through the French Environment and Energy Management Agency (ADEME). The registration takes place on the SYDEREP platform (v1 or v2 depending on product categories). When registering, sellers will be required to adhere to a relevant Producer Responsibility Organisation (PRO) or to set up an equivalent individual system.
Once a seller obtains their EPR unique identification number, they must provide it to Etsy in their shop settings (Shop Manager > Finances > Legal and tax information) and display it to consumers in their terms and conditions (or, if they don’t have a specific terms and conditions document, in either their Etsy shop policies or Message to Buyers). Etsy collects EPR numbers from applicable sellers and will also compile a list of volume sales of each seller subject to the EPR rules by product category.
Accepting Recycling of Certain Products
For certain categories of products, such as electrical and electronic equipment (EEE) and certain chemical products, sellers must also provide buyers with a way to return used products for recycling. Some of these categories, such as furniture, toys, sports and leisure goods, and DIY and gardening goods are subject to recycling returns only if a seller exceeds a certain annual turnover monetary threshold from selling relevant products. The terms of these returns for recycling must be displayed by the seller to the buyer in a visible and easily accessible manner prior to a sale.
To better understand if these important requirements relate to their shop and items and how to comply, sellers may consider speaking to a legal expert.
Disclaimer: This information provides an overview for educational purposes only and is not legal advice. It is not intended to create, and receipt of it does not constitute, a lawyer-client relationship. The authors, Etsy, Inc. and Etsy Ireland UC disclaim all responsibility for any and all losses, damages, or causes of action that may arise or be connected with the use of or reliance on these materials. Please consult a licensed attorney in your area for legal assistance.