If you sell in Germany or France via Amazon, this interests you.
At the end of 2021, Amazon sent a message to all its sellers informing them that, starting in 2022, it will be mandatory for producers selling their products in Germany and France to confirm that they comply with RAP (Extended Producer Responsibility) laws. For this, sellers will have to provide the RAP registration number(s) for the country in question.
First of all, what is Extended Producer Responsibility (EPR)? This is a set of measures adopted by EU countries to ensure that producers assume a series of financial responsibilities in relation to the management of waste derived from the life cycle of a product.
Within this context, starting in 2022, Amazon and other marketplaces will be required to comply with the RAP regulations in Germany and France.
How do I know if I am a “producer” under the RAP regulation?
It is important to make it clear that “producer” is not the same as “manufacturer”. According to the RAP regulations, a producer is considered if the following conditions are met:
- If you manufacture a product subject to RAP requirements in that country
- If you import a product subject to RAP requirements into that country
- If you sell a product subject to RAP requirements in that country and you are not established in that market.
What are the categories affected by the RAP regulation on Amazon?
Below you can find detailed categories of extended producer responsibility:
|Extended producer responsibility category||France||Germany|
|2||Electrical and electronic equipment (AEE)||*||*|
|3||Batteries and batteries||*||*|
|9||Sanitary material that pierces the skin for self-treatment||*|
In both Germany and France, you will be responsible for the primary and secondary packaging of the product. What is considered primary packaging and secondary packaging?
- Primary packaging (products’ own packaging): Both FBA sellers and self-fulfillment sellers are required to pay for primary packaging. The main packaging is the one used to wrap the product; for example, the brand-name box of a pair of shoes or the can that contains a soft drink.
- Secondary Packaging (Shipping Packaging): Secondary packaging refers to the shipping boxes or bags that are used to protect the product during transport to the customer. This can extend to the padding material that protects the product and the straps that secure the package. Shipping labels are also part of the secondary packaging.
Here you can find more detailed information about the RAP regulation at Amazon Germany and its implementing agencies.
|Packaging||All types of packaging||https://lucid.verpackungsregister.org/|
|Electrical and electronic equipment (AEE)||All types of packaging|
|Screens, monitors and equipment containing screens with a surface area greater than 100 cm2|
|Appliances with any external dimension greater than 50 cm (large appliance)|
|Appliances with no external dimension greater than 50 cm (small appliance)|
|Small IT and telecommunication devices that do not have external dimensions greater than 50 cm|
|Batteries or batteries||Industrial, portable and automotive batteries|
Here you can find more detailed information about the RAP regulation in Amazon France and its implementing agencies.
|N.º||Categories||Product description in France||Examples||Producer Responsibility Organizations|
|1||Electrical and electronic equipment (AEE)||Waste generated by electrical and electronic equipment||Household products, lamps, fire extinguishers and professional electronic products|
|2||Batteries and batteries||Used cells, batteries and accumulators||Portable, automotive and industrial batteries||https://www.corepile.fr/|
|3||Packaging||household packaging waste||Product boxes and packaging (eg, boxes containing a toy), shipping boxes, shipping labels, tape, etc.||https://www.citeo.com|
|4||Printing paper||Waste from graphic papers||Printed products, such as user manuals, wallpaper, gift cards, advertising brochures||https://www.citeo.com|
|5||Furniture||Waste generated by furniture equipment||Professional and home furniture||https://www.eco-mobilier.fr|
|6||Textile products||Textiles, household clothing, shoes, etc.||Clothes, household linen and shoes||https://refashion.fr/pro/fr|
|7||Tires||Waste generated by tires||Tires for cars and motorcycles, agricultural vehicles and civil vehicles for heavy handling||http://www.gie-frp.com|
|8||Chemical products||Chemical waste generated at home||Glue, paint, car polish, acetone, petroleum jelly, putty||https://www.ecodds.com/|
|9||Sanitary material that pierces the skin for self-treatment||Waste generated by sanitary materials that pierce the skin for self-treatment||Needles, microperfusion, catheter, retractable needle syringes||https://www.dastri.fr/|
What do I have to do now? How does the RAP regulation affect me at Amazon?
Amazon has made a portal available to sellers where those affected must upload their RAP registration number(s). For both Germany and France, it will be done through the RAP Compliance Portal.
If you are already enrolled in the RAP, you will need to notify Amazon so they can verify it. If, on the other hand, you are not yet registered, it would be important to do so as soon as possible to avoid future problems.
In addition to the registration, you must declare the sales of the products that are in the different categories affected by the RAP and you will have to pay ecological contributions to the corresponding body. Additionally, depending on whether your products fall into the affected categories for Germany and/or France, you will need to provide consumers with a pick-up option.
Facilitating the collection of an old product similar to the one being sold will be mandatory for the following categories:
Germany: AEE (Electronic Devices).
France: EEE, furniture, chemical products and single-use fuel cartridges.
These pickup requirements will affect whether you use Seller Fulfillment or Amazon Fulfillment.
What will happen if you do not provide Amazon with your RAP number?
In the specific case of Germany, Amazon would be legally obliged to suspend those listings that do not meet the requirements of the categories affected by extended producer responsibility:
Packaging (primary and secondary): All listings as of July 1, 2022.
Electronic and electrical equipment (AEE): all listings considered EEE may be suspended as of January 1, 2023
In the specific case of France, if you do not provide the RAP registration numbers for the RAP-applicable products, Amazon will automatically pay the corresponding ecological contributions to the relevant Producer Responsibility Organizations on your behalf and recover these amounts later.
Amazon Services for RAP: Partner Service Provider Network
Amazon’s official Service Provider Network (SPN) is a portal created by Amazon that allows sellers to access service providers recommended by the marketplace itself. Within this Network, you will be able to find all the help you need to comply with RAP’s registration and reporting obligations.
We leave you here the page dedicated to this regulation within the SPN.
Still not selling on Amazon?
If you don’t sell your products on Amazon yet, we encourage you to read our guide on how to sell your products on Amazon from scratch.
On the other hand, whether you are already selling on Amazon or not, you can contact Década Studio, which has a multidisciplinary and multicultural team based in Barcelona that specializes in managing Marketplaces.