Ensuring Compliance
Profiles of the producers concerned
Profiles of the producers concerned in the professional packaging sector (REP EPro)
As part of the implementation of Extended Producer Responsibility (EPR) for commercial packaging, various economic operators—depending on their role—are subject to different obligations, including reporting requirements and the obligation to pay the eco-contribution. The obligations related to the EPR system for commercial packaging will take effect on January 1, 2027.
Manufacturer of packaged products
Companies that package or fill their products in professional packaging before marketing them (retail and bulk packaging).
Packaging Manufacturer
A company located in France and a distributor in France that manufactures and sells complete empty packaging intended for professional use (transport packaging, primary production packaging, etc.). For manufacturers of transport packaging, it is necessary to identify the manufacturer of the empty transport packaging that has reached its final form (without any other components or accessories being added to it). For example, flat cardboard, pallets, adhesive tape, and rolls of packaging film each constitute empty transport packaging in their final form.
Client
A company that has the packaged product or the packaging manufactured (applies its brand, and defines the design and manufacturing specifications for the packaging). Among them are private-label distributors.
Importer
A French company that imports packaged products or empty packaging from abroad (within or outside the European Union) to place them on the French market.
Supplier to Micro-Businesses
A company located in France that supplies packaging or a packaged product to a microenterprise when the microenterprise is the contracting party
Distance Sellers
A company located outside of France that ships a packaged product directly to an end user, who may be a consumer or a business located in France that uses the product as part of its production process.
Logistics Specialist and Unpacker
In some cases, the logistics provider may be involved, particularly when it performs handling operations (unpacking, repackaging into smaller quantities) without being the end user of the product.
The Concept of a Producer: Who Files a Report and Pays Taxes?
The regulations on commercial packaging apply to any producer that places packaging intended for commercial use on the French market. The term “producer” is defined precisely based on the company’s role in the distribution chain and the type of packaging.
CASE 1:
The Online Seller
I am not based in France (EU/non-EU) and I ship the packaged product directly to an end user based in France
I am a producer, acting as a a distance seller
I am not based in France (EU/non-EU) and I ship the packaged product directly to an end user based in France
I am a producer, acting as a a distance seller
Plan to: appoint a representative located in France (to be confirmed)
The end user may be:
– a consumer
– a professional when using the packaged product as part of their industrial or professional activities (≠importer/unpacker).
CASE 2:
The importer and the unpacker
I am based in France and import packaging or a packaged product into France (from within or outside the EU)
I am a “producer” in my capacity as an importer
I am based in France and import packaging or a packaged product into France (from within or outside the EU)
I am a “producer” in my capacity as an importer
I am based in France and unpack goods that were packaged in France (shipped from within or outside the EU) without being the end user
I am a “producer,” in the role of unpacker
I am based in France and I am unpacking the packaging/the packaged product without being the end user in France
I am a “producer,” in my role as unpacker
CASE 3:
The Principal
I am in France and am placing a package or packaged product on the market for thefirst time
I'm having this packaging designed for my brand/according to my specifications
I become a “manufacturer” as a contractor (without being the actual manufacturer) and therefore a “producer”
I'm having this packaging designed for my brand/according to my specifications
I become a “manufacturer” as a contractor (without being the actual manufacturer) and therefore a “producer”
- The “manufacturer” may be the actual manufacturer of the packaging or the packaged product, or the client
- Essential criteria:
- Marking at the time of product manufacture (# post-production labeling, traceability or operational marking, price tag)
- Defining design and manufacturing specifications (technical specifications)
- Marking => presumption of “manufacturer” status, which is rebutted if the decision-making authority regarding design specifications is not exercised by the trademark owner
I am not considered a “manufacturer.”
My packaging supplier/packaging material supplier becomes the “manufacturer” and therefore the “producer” if it is located in France.
I am not considered a “manufacturer.”
My packaging supplier/packaging material supplier becomes the “manufacturer” and therefore the “producer” if it is located in France.
And if none of these cases apply to me, I am a physical manufacturer in France, and therefore, it is the type of packaging that defines the producer.
CASE 4:
Physical manufacturer in France
What kind of packaging is this?
French EPR PRO Decree: January 1, 2026
Transport, service, or primary production packaging
Retail or bulk packaging
Is the empty packaging complete? (It does not need to be combined with other components to serve its packaging function.)
I am the manufacturer of the packaged product
I am
a “producer”
The “producer” is the manufacturer (assembler) of the complete empty packaging
I am
a “producer”
The “producer” is the manufacturer of the packaged product
The manufacturer of the packaged product: the filler (the company that performs the final processing steps on the packaging and fills it with its product), often the owner of the product’s brand.
None of these situations?
CASE 4:
manufacturer based in France
What kind of packaging is this?
French EPR PRO Decree: 01/01/202
Transport, service, or primary production packaging
Is the empty packaging complete? (It does not need to be combined with other components to serve its packaging function.)
I am
a “producer”The “producer” is the manufacturer of the packaged product
Retail or bulk packaging
I am the manufacturer of the packaged product
I am
a “producer”The “producer” is the manufacturer (assembler) of the complete empty packaging
The manufacturer of the packaged product: the filler (the company that performs the final processing steps on the packaging and fills it with its product), often the owner of the product’s brand.
And if none of these cases apply to me, I am a physical manufacturer in France, and therefore, it is the type of packaging that defines the producer.