Extended Producer Responsibility (EPR) in France

Selling to buyers in France? You need to know about Extended Producer Responsibility (EPR)

 

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, including extending use, reducing waste and improving recycling. As a Depop seller, the EPR rules will apply to you in the following circumstances:

  • As a seller of vintage or second-hand products, if you package your items in new (not reused) packaging; and
  • If you sell your original creations on your Depop shop and they fall under certain categories of products (see below, this includes new clothing and shoes).

 

The aim of the EPR rules is to reduce the environmental impact of products. Please note: these rules will not apply to you if you if you answer YES to all of the below:

  1. You sell only second-hand or vintage products on your Depop shop;
  2. You do not use or purchase any new packaging (including where made from recycled materials) when shipping products to your buyers in France; and
  3. You only package products in reused packaging already in your possession

 

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 and internationally) must comply with French EPR regulations, which apply to certain categories of products, which include packaging, furniture and textiles (including new clothes and shoes but as mentioned, excludes second-hand and vintage products and reused packaging) The full list of relevant products can be found here.

 

Registration of an EPR Unique Identification Number

You will be required to register 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, you will be required to adhere to a relevant Producer Responsibility Organization (PRO) or to set up an equivalent individual system.

 

Once you’ve registered and received your EPR unique identification number, you must provide it to Depop in your shop settings () and display it to your buyers in your shop profile and shop policies(Selling Hub > Shop policies). Depop will collect 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

If you exceed a certain annual turnover monetary threshold from selling products in certain categories of products such as furniture, toys, sports and leisure goods, and DIY and gardening goods, you are required to provide buyers with a way to return used products for recycling.. 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 your shop and items and how to comply, you 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. Depop Limited 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 lawyer in your area for legal assistance.

 

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