Extended Producer
Responsibility (EPR)

How to get
through the maze

Become compliant now:

EPR explained easily

What is EPR – and why does it
concern me as a Marketplace seller?

Extended Producer Responsibility (EPR) is an environmental policy that makes producers responsible for the entire life cycle of the products that they introduce on the market, from their design until end of life (including waste collection and recycling).

Under EPR regulations, liable companies must mitigate the environmental impacts of their products throughout the entire product life cycle.

Starting in 2022, if you sell in France and/or Germany, Marketplaces must confirm that you are complying with Extended Producer Responsibility (EPR) regulations in the country where you are selling.

FAQs about EPR requirements

To find out the recommended steps for you, check the definitions of producer below:

The producer is the party who first places a product subject to EPR requirements (see EPR product categories detailed below) in the respective country (France or Germany).

You are considered a producer:

  • if you manufacture a product subject to EPR requirements within the country, or
  • if you import a product subject to EPR requirements into the country, or
  • if you sell a product subject to EPR requirements in the country even though you are not established in that country

As a Marketplace seller, you always come under the scope of EPR requirements, since you put shipping packaging (e.g. cardboard boxes and filling material) into circulation and are thus considered a “producer” of shipping packaging, which must also be licensed.

Starting in 2022, if you sell in France and/or Germany, operators of Marketplaces must ensure that you are fully complying with your Extended Producer Responsibility obligations (EPR) in these countries, before they will allow you to offer your products on their marketplaces.

The Marketplace will therefore collect and validate your EPR registration number(s).

If you cannot prove your EPR compliance to your Marketplace, you can expect the following actions:

Germany: Marketplace will be obliged to suspend your non-compliant listings under the relevant EPR product categories:

  • Packaging: all listings from July 1, 2022
  • Electrical and Electronic Equipment (EEE): all listings falling under EEE from January 1, 2023
  • Batteries: currently not in scope within German regulations

France: Information from the French regulators has not yet been announced. Once this information is made public, it will be displayed on this page.

If you are a producer of products that come under the scope of EPR requirements, you will be obliged to provide your EPR registration number(s) to your Marketplace. See the categories of products below that come under the scope of EPR requirements for Germany. For these product categories, you will need to provide EPR registration number(s) to your Marketplace.

If you are a producer and do not have an EPR registration number(s), you must register to obtain one. You will have to contact the respective Producer Responsibility Organisation (PRO) for each EPR product category to obtain the EPR registration number(s). Refer to the respective sections below for detailed instructions on how to register.

If you are not a producer, but you sell product(s) subject to EPR requirements, you need to obtain the applicable EPR registration number(s) from your upstream supplier and provide your Marketplace with this EPR registration number(s) for the product as proof of compliance.

If you are not a producer and cannot obtain the applicable EPR registration number(s) from your upstream supplier, you must register and provide your Marketplace with your own EPR registration number(s).

If you are a “distance seller” (all marketplace sellers/online sellers are considered “distance sellers”!) you must register and provide your Marketplace with your own EPR registration number(s) because of the shipping packaging that you use. See also “shipping packaging” under definitions of packaging.

What do I need to do
to be EPR compliant?

Registration – to obtain the EPR registration number(s) needed to prove compliance with EPR requirements – is a one-time process.
Once you receive the EPR registration number(s), you will need to communicate it to your Marketplace as proof of compliance.

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.

You must pay eco-contributions to the relevant PRO(s). The eco-contributions are defined by the PRO depending on the EPR product category and device type (e.g. refrigerators), product attributes (e.g. packaging material) and the number and/or weight of units sold.

How do I fulfil my obligations as a Marketplace seller in Germany?

Packaging

What is the definition of ‘packaging’?

Sales packaging (product packaging) describes packaging used to protect goods and products and ensure their safe handover to the consumer. Sales packaging is considered as a sales unit, consisting of goods and packaging offered to the end user.

Shipping packaging for online sales is used to deliver goods to the end users (e.g. the shipping cartons, filling materials like bubble foil, etc.). Shipping packaging is always subject to registration and membership of a PRO. For shipping packaging, there are always direct obligations for marketplace sellers/online sellers selling to Germany.

Very rarely, sales packaging (product packaging) may already be registered and covered by membership of a scheme, if the manufacturer fulfilled the obligations in Germany. In this case, a proof of registration and scheme membership is required. If there is no proof, the obligations remain with the Marketplace seller/online seller.

PLEASE REMEMBER: In Germany, you must fulfil the obligations for all packaging put on the German market. Therefore, the obligations are valid for all sales channels and are not limited to the goods sold via your Marketplace.

How to fulfil your obligations in Germany

To comply with your obligations, Marketplace sellers have 3 main duties:

1. Join a PRO
The packaging placed on the market must be licensed with a PRO. Conclude the contract here.

2. Register with the Central Agency Packaging Register (https://www.verpackungsregister.org) before selling any packaged goods on the German market.

3. Report the packaging quantities placed on the German market:

  • to the Central Agency (LUCID Platform) and at the same time
  • to the PRO

Reporting must be submitted in kg per material types.

What is the proof of compliance in Germany?

In Germany, besides joining a PRO, the EPR registration number(s) demonstrates proof of compliance. To obtain this number(s), you must register with the relevant EPR registry. Once you receive the EPR registration number(s), you will need to communicate it to your Marketplace as proof of compliance.

The following registration numbers are valid as your proof of compliance:

Packaging: ZSVR registration number. Get registered here!

WEEE = Waste of Electrical and Electronic Equipment

What is the definition of ‘WEEE’?

Devices which are exposed to an alternating voltage of maximally 1,000 V or a direct current voltage of maximally 1,500 V during operations and:

  1. which are dependent on electric currents or electromagnetic fields for proper operation, or
  2. which serve for the generation, conduction and measurement of electric currents and electromagnetic fields.

If you offer an EEE product containing a battery, you must register for both EEE and Batteries.

How to fulfil your obligations in Germany

To comply with your obligations, Marketplace sellers have 5 duties:

1. Register your electrical devices with the registry (per category and per brand):
Register here.

2. Appoint an Authorized Representative (AR) in Germany: for electrical and electronic equipment manufacturers/dealers without a subsidiary in Germany

3. Join a PRO to ensure collection and recycling of electrical and electronic equipment. Conclude the contract here.

4. Report to the Registry

5. Fulfil other obligations like Labelling or 1:1 Take Back

What is the proof of compliance in Germany?

In Germany, the EPR registration number(s) demonstrates proof of compliance. To obtain this number(s), you need to register with the relevant EPR registry. Once you receive the EPR registration number(s), you must communicate it to your Marketplace as proof of compliance.

The following registration numbers are valid as your proof of compliance:

EEE: WEEE-Reg.-Nr. (WEEE number consists of prefix DE for Germany + 8 digits; i.e. DE12345678)

Batteries

What is the definition of ‘Batteries’?

The battery law differentiates between three battery types

  • “portable batteries” are batteries, which are sealed and can be hand-carried. Industrial and automotive batteries are not portable batteries
  • “industrial batteries” are all batteries for exclusively industrial, commercial or agricultural purposes. An industrial battery can also be used in electric vehicles such as e-bikes or hybrid cars.
  • “automotive battery” means any battery used for automotive starter, lighting or ignition power.

The manufacturer of all battery types has to register these batteries with the correct brand and battery type at the authority (Stiftung ear) before placing them on the market.

Manufacturers of portable batteries are obligated, to take back waste portable batteries at no charge and nationwide, which were collected at distributors or local collection points. In order to fulfil this take-back obligation, the producer has to participate in a take-back scheme approved by §7 of the battery law. The take-back scheme implements take-back and recycling of waste batteries, and reaches the legally demanded collection rate of at least 50 % from reporting year 2021 onwards.

Manufacturers of industrial batteries and automotive batteries are obligated to take back waste batteries. They have to offer a take-back solution at no cost and reasonably convenient, and recycle these according §14.

How to fulfil your obligations in Germany

To comply with your obligations, Marketplace sellers have 4 duties:

1. Register your batteries with the registry (per category and per brand): Register here.

2. Manufacturers/dealers without a subsidiary can designate an authorized representative in Germany! (optional)

3. Join a battery takeback scheme
Conclude the contract here. (membership must be approved by the scheme during the registration process)

4. Report the quantities of batteries placed on the German market

What is the proof of compliance in Germany?

In Germany, the EPR registration number(s) demonstrates proof of compliance. To obtain this number(s), you must register with the relevant EPR registry. Once you receive the EPR registration number(s), you will need to communicate it to your Marketplace as proof of compliance.

  • Battery: Batt-Reg.-Nr. (Battery-Registration-Number consists of prefix DE for Germany + 8 digits; i.e. DE12345678)

*Battery obligation: In Germany, if you offer an EEE product containing a battery, you must register for both EEE and Batteries.

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