In recent years, Extended Producer Responsibility (EPR) has become a hot topic in e-commerce. It has also become increasingly important for sellers on online plattforms like Amazon. Without EPR compliance, market access is no longer possible in the EU and many third countries. In this article, we explain how online retailers can meet these new requirements.
Contents:
- What is Extended Producer Responsibility (EPR)?
- Who is Considered a Producer
- Goals of Extended Producer Responsibility
- EPR in Europe
- Impact on E-Commerce
- EPR for Online Marketplaces
- Practical Implementation – Step by Step with ecosistant
- Benefits
- Challenges
- Conclusion: Fulfill Your EPR Obligations Across Europe Now
What is Extended Producer Responsibility (EPR)?
Extended Producer Responsibility (EPR) is an environmental policy concept that obliges producers to take responsibility for the entire lifecycle of their products. Particularly for their disposal and recycling. This system aims to reduce the environmental impact of waste and promote the sustainable use of resources.
For online retailers in Europe, Extended Producer Responsibility means ensuring that their products are properly recycled or disposed of at the end of their lifecycle. This applies to various product categories such as electrical devices (WEEE), batteries (Battery EPR), and packaging (Packaging EPR). EPR-systems are also being introduced for textiles across Europe; in some countries, extended producer responsibility includes furniture, mattresses, tires, and other products. For example, France has even implemented EPR for toys.
An EPR-scheme requires producers to register, pay fees, and submit reports on the quantity and type of products placed on the market. EPR-recycling contributes to the circular economy and helps minimize the environmental impact of your products.
The Definition of "Producer": Who is Considered a Producer under EPR?
Who qualifies as a producer under extended producer responsibility? The term “producer” can be misleading, as under EPR legislation, it refers to the company that introduces (packaged) products into a national market. This means that it is not the packaging manufacturer who is subject to extended producer responsibility, but rather the company that packages products, has them packaged, or imports or sells packaged products.
For example, an online retailer who sells packaged products from Germany to Spain and thereby places them on the Spanish market for the first time would be considered a producer under the extended producer responsibility framework.
Importance and Goals of EPR for E-Commerce in Europe
Online retailers must comply with the respective national EPR regulations to avoid legal consequences and contribute to a more sustainable economy. This includes registering with national EPR-systems and paying fees that fund recycling and waste disposal programs. By adhering to EPR requirements, online retailers help reduce waste and increase material recycling rates.
Stricter legislation is putting more focus on online retailers, particularly those selling directly to consumers (D2C). For instance, marketplaces will soon be required across all of Europe to verify that online sellers are registered in their target countries. Amazon, for example, already demands proof of an EPR registration number from its sellers.
Additionally, retailers will be obligated to appoint an authorized representative for extended producer responsibility in all member states where they are not established. Since EPR and waste regulations are implemented at the national level across Europe, compliance can be especially complex for online stores shipping internationally.
Legal Requirements of EPR in Different European Countries
In Europe, the legal foundations and requirements of EPR vary from country to country. On our blog, we have compiled extensive information on various countries to help you navigate these differences effectively.
Each member state of the EU has a different approach to how extended producer responsbility schemes work in practice.
In Germany, the Packaging Act (VerpackG) regulates EPR requirements. Producers are required to register with the LUCID Register (Zentrale Stelle Verpackungsregister) and participate in the dual system.
Similarly, the Electrical and Electronic Equipment Act (ElektroG) and the Battery Act (BattG) govern EPR for electronic products and batteries, respectively.
In France, the Law on Circular Economy and Waste Reduction establishes strict EPR requirements. Companies must register with the relevant authority and contribute to funding waste management programs.
In addition to Packaging EPR, WEEE, and Battery EPR, France has long had Textile EPR. There are also EPR obligations for other product categories, such as Toy EPR, Furniture EPR, as well as for DIY products, tires, and many more.
In Italy, the Waste Framework Directive Law requires producers to register with CONAI, the National Packaging Consortium.
For WEEE and batteries, producers must appoint an authorized representative for extended producer responsibility. Additionally, a Textile EPR system is currently being planned in Italy.
For EPR in Spain, online retailers placing products on the market must register in the Producer Register and pay the required fees and contributions to one of Spain’s approved national take-back systems. Compliance with these regulations is crucial to avoid fines and legal consequences.
Fulfill Extended Producer Responsibility across Europe
Each EU member state has specific EPR requirements. These regulations aim to increase recycling rates and reduce environmental impact. As an online retailer, it is essential to understand and comply with the specific EPR rules in each country.
With our digital service, we provide you with a customized, step-by-step guide tailored to your needs for every waste stream and country, helping you implement extended producer responsibility on your own. Alternatively, you can rely on our Premium Service, where our experienced account managers take care of your EPR obligations across Europe for your online shop.
Impact of EPR on Cross-Border E-Commerce
Extended Producer Responsibility (EPR) has significant implications for online retailers who sell internationally. EPR requires manufacturers and importers to take responsibility for the entire lifecycle of their products, including disposal and recycling. For D2C online retailers, this means ensuring that their products comply with the legal requirements of the destination countries.
This demands careful planning and management, as each country has its own set of regulations. Retailers may need to register in multiple countries and pay associated fees. Additionally, compliance with EPR regulations can incur extra costs that must be factored into business operations.
However, by adhering to EPR requirements, online retailers can make a positive contribution to environmental protection and enhance their brand image. It is crucial to understand the specific requirements of target markets and take appropriate measures to avoid legal consequences.
Extended Producer Responsibility EPR for Online Marketplaces
Online Marketplace EPR was introduced relatively recently (2022). Under this regulation, online platforms are required to verify the EPR-compliance of their sellers. In some countries, such as France, Spain, and the UK, marketplaces can — or must — assume EPR obligations for sellers if the sellers are not registered themselves.
This is why marketplaces like Amazon now request EPR numbers from their sellers to ensure compliance. This is essential for platforms, as they could otherwise be held liable and face severe fines or sales bans in the EU.
The Packaging and Packaging Waste Regulation (PPWR) will expand platform liability for EPR to all EU member states. From around mid-2026, online retailers will only be allowed to sell on marketplaces in their own country or in countries where they meet EPR obligations. According to the EU Digital Services Act, this applies to all online marketplaces not classified as micro- or small businesses. The goal is to prevent online sellers from bypassing the rules on extended producer responsibility.
How Online Sellers can get EPR compliant
Online retailers must comply with the specific extended producer responsibility requirements in every country where they sell their products. This means joining a national EPR scheme in each member state. This responsibility includes registration with the relevant authorities and participation in recycling programs for the disposal of packaging or electronic devices, and in the future, also textiles or other products.
You can use our digital ecosistant service to fulfill your EPR obligations. It provides you with a tailored guide for your business for each country, detailing where and how to register.
Mit dem Laden des Videos akzeptieren Sie die Datenschutzerklärung von YouTube.
Mehr erfahren
Alternatively, you can request our Premium Service, where we handle your EPR compliance across Europe on your behalf with a power of attorney. For more details on practical implementation, watch Tibor’s video or visit the following link. Our EPR service for fulfilling extended producer responsibility in Germany is available free of charge. Give it a try!
Benefits and Challenges of EPR for Online Retailers
Benefits of EPR-Compliance:
Environmental Awareness and Brand Image:
- Online retailers who support EPR schemes can demonstrate their commitment to sustainability, enhancing their brand image and attracting eco-conscious customers. Conversely, brands that market themselves as sustainable but fail to meet basic recycling regulations risk damaging their reputation as environmentally responsible.
Competitive Advantage:
- Implementing extended producer responsibility in your business can help retailers stand out from competitors who are less environmentally conscious. Moreover, joining an EPR scheme is a market access requirement—retailers who fail to comply cannot sell products in the respective country.
Innovation:
- The need to design more sustainable packaging and products can drive innovation in design and material selection, potentially leading to cost savings. Indeed, switching from cardboard shipping boxes to paper mailing bags, for example, often results in greater cost reductions than the EPR fees themselves—a win-win for businesses and the environment.
Regulatory Security:
- Complying with EPR requirements helps retailers avoid legal issues and potential fines that could arise from non-compliance with environmental regulations.
Challenges of Extended Producer Responsibility:
Costs:
- Implementing EPR programs can involve significant expenses, particularly for collection, recycling, and managing product take-back systems. For small and medium-sized enterprises, the administrative fees imposed by authorities and EPR systems in each country often represent the largest cost.
Logistical Complexity:
- Organizing and managing take-back logistics can be complicated, especially for small and medium-sized online retailers. Cross-border e-commerce often lacks suitable solutions to fulfill take-back obligations effectively.
Regulatory Complexity in the EU Internal Market:
- EPR regulations vary from country to country, making compliance challenging for internationally operating online retailers. Businesses selling directly to consumers (D2C) must always adhere to the EPR and waste laws of the destination country.
Customer Expectations:
- Customers may develop higher expectations for sustainable practices, increasing pressure on retailers to continuously improve their EPR strategies.
Coordination with Suppliers:
- An effective EPR strategy often requires close collaboration with suppliers and other partners in the supply chain, which can present organizational challenges.
Overall, extended producer responsibility represents both a challenging and rewarding task for online retailers, requiring careful planning and implementation to maximize both environmental and business benefits.
Conclusion: Fulfill your Extended Producer Responsibility across Europe now
The EU Green Deal will fundamentally change and tighten regulations for producers in the coming years. Companies that prepare early for these new rules can avoid fines and minimize legal challenges.
With our digital ecosistant service, you can quickly gain an overview of your specific responsibilities in each country and fulfill them with ease. For every country, you will receive a tailored guide detailing where and how to register. With a subscription, we ensure you stay up-to-date on your EPR at all times.
Alternatively, we offer our Premium Service: With a power of attorney, we take care of your EPR obligations across Europe. You can sit back while your dedicated ecosistant account manager handles everything – efficiently, reliably, and hassle-free.