Yes. An EU entity in the Netherlands or Germany makes you an EU producer for the EU packaging regulation, but France's rule asks a narrower question: is the producer established in France? A Dutch BV is not. Since 10 July 2026 every producer not established in France, EU or not, must act through a French representative for every French EPR stream. The BV holds the French memberships and IDUs through that representative; its Dutch and German registrations cover only those countries.
The two layers
- EU packaging regulation (since 12 August 2026): register in each member state of sale; appoint a representative where you sell directly to end users without being established. The Commission proposed suspending the representative part for EU-established producers; nothing is adopted, and it never concerned the registration.
- French law (since 10 July 2026): a producer not established in France designates a French representative for all EPR streams, packaging and products alike. This is national law and does not depend on the EU debate.
What a Dutch BV owes in France
Exactly what a non-EU company owes: household packaging (and professional packaging from 2027 for B2B flows), product streams, one IDU per stream, declarations, and the French representative. The advantage of the BV is VAT and customs, not EPR.
Typical set-up
US furniture brand → Dutch BV → EU warehouse → French consumers via own store and Amazon.fr. Streams: household packaging and furniture (Ecomaison), two IDUs, French representative mandated by the BV.
Frequently asked questions
Our BV is registered with Verpact in the Netherlands. Isn't that enough for the EU?
No. Each member state runs its own register; the Dutch registration covers Dutch sales only.
If the EU suspends representatives for EU companies, does the French rule fall?
No. The French rule is national law under article L. 541-10-9-1 and applies independently.
Which entity signs the mandate: the BV or the US parent?
The entity that sells into France, normally the BV. If the parent also ships directly, it needs its own mandate.
Sources
- Légifrance — Code de l'environnement
- EUR-Lex — Regulation (EU) 2025/40 (PPWR)
- European Commission — PPWR guidance notice C(2026)3702
Founder of EPR France Rep, the France-based EPR authorised representative for companies selling into France.
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