Frequently asked questions
FAQ International – Everything you need to know about the EPR regulations in Europe
International
Extended Producer Responsibility (EPR) is an environmental policy, that obligates the party first introducing a product subject to EPR requirements to a market of the respective country, to take responsibility for the entire lifecycle of said product. This includes the disposal and recycling of the product. The goal of EPR is to mitigate the environmental impacts of a product throughout its entire life cycle.
The party who first places a product subject to EPR requirements in a country. A party can be considered to be a Producer if any of the following criteria applies:
– The party who manufactures a product subject to EPR requirements in the country, or/and
– The party who imports a product subject to EPR requirements into the country, or/and
– The party who sells a product subject to EPR requirements in the country and is not established in that country.
All of the points above depend on the respective country’s regulations. This information is not legally binding.
A Producer Responsibility Organisation (PRO) is a professional organization that takes over the responsibilities of an obligated party subject to Extended Producer Responsibility (EPR). The PRO manages the collection and recycling of products subject to EPR requirements on behalf of the obligated producers.
There are different regulations in each country. The following list contains an overview of the main categories of products in the scope of EPR obligations regardless of specific country regulations. New categories can always be added in different countries. Therefore the following list is not complete.
– Packaging
– Non packaging product (plastics, glass, paper, cardboard)
– Electric and Electronic Equipment (EEE)
– Batteries
– Furniture
– Tires
– Paper
– Textile
– Chemicals
– Medical Piercing Equipment for Auto-treatment
– Mattresses
If you are a Producer of products in the scope of EPR requirements, you need to follow these high-level instructions to be EPR compliant. Please bear in mind that there are different regulations in each country.
1. Licence your product and report to PRO In some countries you need to license your product subject to EPR requirements to a Producer Responsibility Organisation (PRO) responsible in the respective country. Therefore you must declare your sales (of products covered by the different EPR categories) to the respective Producer Responsibility Organisation (PRO) for the applicable reporting period.
2. Register at the respective authority In some countries you need to register at the respective authority in the country you are introducing your product to. For example, in Germany, the authority for packaging products would be the „Zentrale Stelle Verpackungsregister (ZSVR)“ and its packaging register „LUCID“. In France, the authority would be „ADEME – The French Agency for Ecological Transition“. You will then obtain the EPR registration number(s) needed to prove compliance with EPR requirements, which you need to communicate to Electronic Marketplaces as proof of compliance in order to continue selling your products on these marketplaces.
3. Pay eco-contributions to your PRO In some countries you need to pay eco-contributions to the PRO you licensed your product with. The PRO will then take responsibility for the collection and recycling of your product.
For more details about the EPR and packaging obligations for European markets, please book a meeting with one of our EPR experts.
In France and Germany starting in 2022, Electronic Marketplaces like Amazon, AliExpress, Ebay, Zalando and others will be legally obliged to confirm that their sellers are EPR compliant in the country they sell. If you sell your products on Electronic Marketplaces in Germany and can not prove your EPR compliance to said Marketplaces, they will be legally obliged to suspend your non-compliant listings under EPR product categories.
There are so-called sources of waste that are treated in the same way as private final consumers. An exemplary list can be found in this document. This packaging is generally subject to participation. The packaging waste that accumulates there is normal household waste that is collected by a disposal company (there are no commercial waste containers available). A good example is the bakery: If it is a small family business, packaging that accumulates there is disposed of as normal household waste. If it is a branch of a large chain, large commercial containers are usually available.
An authorised representative is a natural or legal person who assumes the EPR obligations in Austria for, among others, a company that does not have a registered office in Austria but distributes goods (packaging, disposable plastic products, fishing gear, or vehicles) to private end consumers or goods (WEEE, batteries) to private or commercial end consumers. Please visit our partner Authoriseme for more information.
Several EU countries, such as Spain and Austria, have introduced legislation requiring companies that distribute their products to end-users and do not have their own registered office in the respective country to appoint officially registered agents to fulfill their EPR obligations in the context of packaging. In Germany, companies that are required to register and do not have a registered office in the country must appoint an authorised representative under the Electrical and Electronic Equipment Act to represent them in the country for EPR obligations. Other countries have already fixed similar legislation. The background of these legislations is the idea of Extended Producer Responsibility (EPR), which makes producers responsible for the entire life cycle of their products and packaging. Common tasks performed on behalf of the producer include: submitting reports and data to regulators, contracting and coordinating with producer responsibility organizations, ensuring compliance with EPR obligations, and acting as a point of contact for stakeholders and regulators. In some cases, certain tasks, such as registration in the producer register, can/must be taken over by an authorised representative in the respective country.
The de minimis limit is considered to be exceeded if companies put more than 50 tons of paper, carton or cardboard, 80 tons of glass and 30 tons of lightweight packaging (and other fractions) into circulation. If the de minimis limit is exceeded, an annual declaration of completeness must be submitted.
