No, for the sales that go through the subsidiary. A French-established company is the producer for what it places on the French market: it joins the eco-organismes in its own name, holds the IDUs and declares. The representative obligation exists only for producers without a French establishment. The trap is mixed flows: if the parent or another foreign entity also sells directly to French customers, those sales still need a representative, and the subsidiary's IDUs do not cover them.
What the subsidiary must do
- Join the eco-organismes for every stream it places on the market, in its own name.
- Hold one IDU per stream and show it to marketplaces and in its terms of sale.
- Declare quantities and pay eco-contributions.
- Carry the Triman logo and sorting instructions on consumer products.
Where groups get it wrong
- The German parent ships FBA stock directly to French consumers while the French subsidiary handles retail: the parent is the producer for the FBA sales and needs a representative.
- The subsidiary is a sales office that never takes title to the goods: then it is not the importer, and the foreign entity that sells is the producer.
- One IDU used across several group companies: IDUs are per legal entity.
What we do
For groups with mixed flows we represent the foreign entities and, if useful, handle the subsidiary's declarations under a service contract. The free calculator works either way.
Frequently asked questions
The subsidiary buys from the parent and resells. Who is the producer?
The subsidiary, as the first company to make the goods available in France.
Can the subsidiary act as representative for the parent?
A French-established legal person can be a mandataire, so yes in principle, provided it accepts the subrogated obligations and the mandate is written. Many groups prefer an external representative to keep the liability separate.
Does the subsidiary need a representative for the EU packaging regulation?
No. It is established in France, which is the country of sale.
Sources
Founder of EPR France Rep, the France-based EPR authorised representative for companies selling into France.
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