Selling only to businesses does not exempt you: several French EPR streams exist precisely for business-to-business goods. The test is who first places the product on the French market, acting professionally (article L. 541-10). When a company established outside France delivers directly to the French business that uses its goods, that company is the producer, and since 10 July 2026 it must appoint a representative established in France (article L. 541-10-9-1). Typical B2B obligations are professional packaging (EPRO, eco-contributions from 1 January 2027), construction products such as steel tubes, beams, sheets and profiles that go into buildings (category 2, family 2.a), professional electrical equipment and chemicals.Sources (5)
Ministère de la Transition éMinistère de la Transition écologique — Produits et matériaux de construction du secteur du bâtiment (PMCB), page mise à jour le 24 novembre 2025Journal officielJournal officiel — Avis relatif au champ d'application de la filière REP PMCB, JO du 17 juin 2023 (NOR TREP2315866V)
LégifranceLégifrance — article L. 541-10-9-1 of the Environmental Code (full text)
ADEMEADEME — which producers the EPR schemes coverADEMEADEME — professional packaging (EPRO) scheme page
The case behind this page
A steel distributor based in Spain sells tubes, sheets and profiles to companies in France. Its answer when asked about a French representative: “we sell only to companies, so we thought we did not need one in each EU country”. It is one of the most common assumptions we hear, and it is only half right.
Which B2B streams can apply
| What you ship to French businesses | Stream | From |
|---|---|---|
| Any goods on pallets, in stretch film, crates, big bags, drums | Professional packaging (EPRO) | Eco-contributions from 1 January 2027 |
| Steel tubes, beams, rebar, sheets, profiles, roofing, pipes for buildings | Construction products, category 2 (metal, family 2.a) | In force since 2023 |
| Tiles, cement, bricks, windows, insulation for buildings | Construction products, category 1 or 2 | In force since 2023 |
| Machines, tools, lighting, IT for professional use | Professional electrical and electronic equipment | In force |
| Paints, solvents, adhesives with hazard labels | Chemical products | In force |
Steel used in machinery, vehicles or industrial plant, not in buildings, is outside the construction stream. The packaging it travels in is still professional packaging. ADEME
Who is liable: you or your French customer
| Your French customer | Professional packaging (EPRO) | Construction products |
|---|---|---|
| Uses the goods itself (a manufacturer, a contractor, a site) | You are the producer: representative needed | The customer pays as importer, unless you have contributed |
| Resells them (a distributor, a stockholder) | Usually the distributor, as first placer on the French market | The distributor pays as importer, unless you have contributed |
For construction products the 2023 scope notice lets the French buyer escape the contribution only if it can prove the exporter contributed. That is why French customers are starting to ask their foreign suppliers for an IDU: the supplier who has one saves its customers the declaration and the cost. See importer or manufacturer and who is the producer for professional packaging. Sources (2)Journal officielJournal officiel — Avis relatif au champ d'application de la filière REP PMCB, JO du 17 juin 2023 (NOR TREP2315866V)ADEMEADEME — professional packaging (EPRO) scheme page
What to do, in order
- List what you ship to France and to whom: users or resellers.
- Sort it into streams: packaging, construction products, electrical, chemicals. Journal officiel
- For each stream where you are the producer, appoint a representative established in France and join an eco-organisme. Sources (2)ADEMEADEME — which producers the EPR schemes coverMinistère de la Transition éMinistère de la Transition écologique — Produits et matériaux de construction du secteur du bâtiment (PMCB), page mise à jour le 24 novembre 2025
- For construction products sold to resellers, decide whether to contribute yourself so your customers stop paying. Journal officiel
- Get the IDUs and put them on your invoices and price lists.
How a representative saves you money here
- One mandate for packaging and construction products: Plus Pro, €990 a year, covers up to three streams with up to 10 tonnes of packaging.
- Choosing the cheapest approved scheme: for structural steel the published rates run from €1.00 a tonne (Valobat) to €20.00 (Valdelia). See metal products. Sources (2)ADEMEADEME — Filière REP Éléments d'ameublement (EA)ADEMEADEME — Filière REP PMCB : éco-organismes agréés, données
- Leaving out what is not in scope: steel for machinery and industry is not a construction product. Journal officiel
Price
Plus Pro, €990 a year, covers professional packaging and up to three streams in total in one mandate, up to 10 tonnes of packaging. Construction products above that, and larger tonnages, are quoted in writing. Setup is €0. See pricing.
Frequently asked questions
We sell EXW. Does that change anything?
No. Incoterms decide freight and risk, not who is the producer. See the answer on Incoterms.
We only sell to distributors in France. Are we covered?
For professional packaging the distributor is usually the producer. For construction products the distributor pays unless you contribute, and many will ask you to. Sources (2)ADEMEADEME — professional packaging (EPRO) scheme pageADEMEADEME — Filière REP PMCB : éco-organismes agréés, données
Do we need a representative in every EU country?
Each country has its own rules. France requires one for producers not established in France since 10 July 2026; Germany and Spain have their own systems, which we also cover. Légifrance
Is there a minimum quantity?
No general minimum: the obligation starts with the first product placed on the French market. Some eco-organismes have simplified regimes for small volumes. ADEME
Razvan Toma is the founder of EPR France Rep, a France-established authorised representative (mandataire) for producers with no French establishment. He has worked in waste management and recycling since 2009, running waste-separation programmes inside large B2B organisations in France for clients including Chanel, Microsoft, Decathlon, Pirelli, IKEA, Vinci, Capgemini and E.Leclerc.
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