Authorised representative for packaging: what France requires

A company that sells packaged goods from Germany to customers in France is responsible for the disposal of that packaging in France. That is nothing new. What is new is that a company without an establishment in France can no longer meet these obligations itself from abroad. It has to appoint a person established in France as its authorised representative. Since 12 August 2026, the EU Packaging and Packaging Waste Regulation (PPWR) has required such a representative for direct sales into other Member States. France introduced its own, broader rule as early as July 2026. This article explains who needs an authorised representative, what requirements apply to them and what they take on in France.

French legal basis

Article L541-10-9-1 Code de l’environnement

In force since

10 July 2026 (Loi n° 2026-602)

EU legal basis

Article 45(3) PPWR, applicable since 12 August 2026

Who must appoint

any EPR-obligated producer not established in France

Form

written mandate (mandat écrit)

Representative’s seat

in France

Liability

takes over all EPR obligations accepted

Maximum fine

up to €7,500 per unit or tonne, plus up to €30,000

Two levels of law: the PPWR and French law

The PPWR does not regulate extended producer responsibility exhaustively. It sets a framework within which Member States continue to run their take-back schemes. In France, this scheme is called “responsabilité élargie du producteur” (REP). A distance seller is therefore subject to two sets of rules at once: the Regulation and the French Environmental Code, the Code de l’environnement.

The PPWR knows two kinds of authorised representative, and they are easily confused. The authorised representative under Article 3(1)(19) handles tasks related to product requirements and must be established in the Union. That is not the subject here. What matters is the “authorised representative for extended producer responsibility” under Article 3(1)(20). They must be established in the Member State where the producer first makes its packaging available, and they fulfil the producer’s obligations under Chapter VIII of the Regulation there: registration, reporting and financing of waste management.

What the PPWR requires

Under Article 45(3) PPWR, a producer that supplies packaging or packaged products directly to end users in another Member State must appoint an authorised representative there by written mandate. This applies to producers under Article 3(1)(15)(c) and (d), typically online retailers shipping from Germany to consumers in France. No representative is needed in the producer’s own Member State. Member States may also require producers from third countries to appoint one.

Article 44 PPWR sets out what the representative takes on in the register of producers. If they represent several producers, they must report each one separately (paragraph 6). Volumes for the previous year must be reported by 1 June (paragraph 7), and changes without undue delay (paragraph 12). Under Article 44(4), a producer may not make packaging available as long as neither it nor its authorised representative is registered.

What France requires: Article L541-10-9-1

With Law No. 2026-602 of 8 July 2026, France added a new article to the Code de l’environnement. It has applied since 10 July 2026, before the PPWR. Its core reads, in our own translation:

Where a person not established in France is subject to extended producer responsibility, that person shall appoint, by written mandate, a natural or legal person established in France as authorised representative responsible for ensuring compliance with its obligations under the extended producer responsibility scheme. This authorised representative is subrogated to all obligations arising from extended producer responsibility for which it accepts the mandate.

This gives rise to four requirements. The representative must be established in France. They may be a natural or a legal person. The mandate must be in writing. And the representative does not merely handle the obligations administratively but legally steps into the producer’s place (“subrogé”). They are therefore liable themselves for the obligations they have accepted.

The French rule goes further than the PPWR. It applies to all product areas covered by producer responsibility, so to textiles, electrical equipment or furniture as well as packaging. It does not distinguish between EU and third-country companies. And it does not depend on direct supply to end users, only on whether someone without an establishment in France is subject to producer responsibility.

Why the rule is now in statute

France has had an authorised representative before. From 1 January 2021, Article R541-174 Code de l’environnement allowed producers in France and abroad to appoint a representative established in France on a voluntary basis. The Conseil d’État annulled this provision on 10 November 2023 (No. 449213). Its reasoning: having the representative step into the producer’s obligations required a basis in statute. A government decree was not enough.

From November 2023 to July 2026 there was therefore no legal basis for an authorised representative. The legislator has now reintroduced the rule at statutory level and turned an option into an obligation. As of October 2026, no implementing decree has been published setting out, for example, the minimum content of the mandate or how it is notified to the authority.

Who needs an authorised representative

• Online retailers and brands without an establishment in France that sell packaged goods to consumers in France, through their own shop or as sellers on a marketplace.
• Producers without an establishment in France that are themselves considered to place packaging on the market, for example because they supply French business customers and the packaging stays with the end user there. This group will grow when the EPR scheme for commercial packaging starts on 1 January 2027.
• Companies from third countries selling into France. The French obligation applies to them without restriction.

A company that is not a producer under the EPR scheme does not need to appoint anyone itself. If a German company supplies a French retailer that resells or imports the goods under its own name, the EPR obligations generally lie with that retailer. Who has which role must be checked for each sales channel. More on this in the article “Producer or manufacturer? The PPWR roles”.

What the authorised representative takes on in France

The representative fulfils the packaging obligations under French law on behalf of the producer. Exactly which ones is set out in the mandate. For household packaging, they usually include:

• Joining an approved producer responsibility organisation (éco-organisme). For household packaging, Citeo, Adelphe and Léko are approved until 31 December 2029.
• Registering with the environment agency ADEME and obtaining the unique identification number IDU (identifiant unique) under Article L541-10-13. Registration in the SYDEREP register is usually handled by the éco-organisme.
• Annual reporting of packaging placed on the market by material and weight, separated into household and commercial packaging.
• Paying the eco-contributions (éco-contribution). The éco-organismes’ fee schedules reward recyclable packaging and add surcharges for packaging that is hard to recycle.
• Acting as contact for ADEME and the Ministry of the Environment during inspections.

Some obligations stay with the producer because they concern the product and sales. These include stating the IDU in the general terms and conditions or another contractual document and in the legal notice of the website (Article R541-173). The same goes for the Triman logo with the Info-tri sorting instructions on household packaging under Article L541-9-3. A bill to align French law with EU law would abolish Triman and Info-tri for packaging. As of October 2026 it has not been adopted, so the labelling obligation still applies.

The role of marketplaces

France has held marketplaces responsible since 1 January 2022. Under Article L541-10-9, a platform is itself liable for waste management if it cannot show that the seller meets its EPR obligations. The IDU counts as proof. The platform must keep its sellers’ details in a register available to the authority (Article R541-167). Since August 2026, the PPWR has required the same EU-wide: under Article 45(4), online platforms must obtain a seller’s registration number for the customer’s Member State before allowing them to sell.

In practice, this means marketplaces block listings for France without a valid French IDU. A company without an establishment in France can now only obtain the IDU through its authorised representative.

Penalties

The law does not provide a separate fine for failing to appoint an authorised representative. The risk lies elsewhere: without a representative, a company with no establishment in France cannot properly meet its EPR obligations there. The penalties for those obligations then apply.

What the mandate should cover

Because the representative is liable for the obligations they accept, they will draft the contract carefully. It is worth a close look from the producer’s side too. The mandate should cover these points:

• Scope: which EPR sectors the mandate covers, for example household packaging and, from 2027, commercial packaging, and which obligations the representative takes on.
• Data supply: which volume and material data the producer delivers by when, and who is responsible for its accuracy.
• Costs: how eco-contributions are passed on, whether advance payments or securities are required, and how the representative is paid.
• Liability: indemnity and recourse if a fine is based on incorrect information from the producer.
• Term and termination: notice periods and the duty to inform the éco-organisme and ADEME of a change, so that no gap arises.
• Labelling: who passes the IDU on to customers and marketplaces, and who is responsible for Triman and Info-tri on the packaging.

Commercial packaging from 2027

France is introducing a separate EPR scheme for commercial and industrial packaging. It was due to start on 1 July 2026. On 28 July 2026, the Ministry of the Environment postponed it to 1 January 2027. Citeo Pro, Leko Pro and Twiice are approved. For producers without an establishment in France, this means that transport and secondary packaging ending up with French business customers may then also have to be reported through an authorised representative. Anyone signing a mandate now should include this area from the start.

Key dates

What companies should do now

• Map sales channels into France: own shop, marketplaces, supplies to retailers and business customers.
• Clarify the role for each channel: where is your company the producer under the EPR scheme, and where is the French buyer?
• Choose an authorised representative established in France and sign a written mandate with clear rules on data, costs and liability.
• Review existing contracts: if you are currently registered directly with an éco-organisme, clarify how the contract transfers to the representative.
• Display the IDU in your terms and conditions, legal notice and marketplace profiles.
• Check Triman and Info-tri on household packaging while the obligation applies.
• Plan for commercial packaging in 2027 and include it in the mandate.