French DSAP: New Responsibility for Online Marketplaces

DSAP stands for 'Déchet Sans Attribut de Producteur' (Waste Without a Producer Attribute). It refers to products placed on the French market by sellers who cannot be identified as producers for EPR purposes. Under French law, when the actual producer is untraceable, the seller or marketplace becomes responsible for EPR obligations.

Under the AGEC Law, marketplaces must: verify sellers have valid EPR registration (Unique Identifier), ensure products comply with French regulations, take on EPR obligations when sellers are non-compliant, display EPR eco-contribution amounts on invoices, and maintain records of seller compliance. Marketplaces that fail to comply face significant fines.

Foreign sellers must obtain French EPR Unique Identifiers and provide them to marketplaces. Sellers who don't comply may be blocked from selling on French marketplaces or may have their products automatically flagged for additional eco-contributions charged to the marketplace, which will then seek reimbursement from the seller.

Marketplaces that fail to verify seller EPR compliance or that allow non-compliant products to be sold can face fines of up to €100,000 per product listing or up to €1,500 per unit of non-compliant product placed on the market. Additional penalties may apply for failure to report or cooperate with authorities.

DSAP is not a separate registration but rather a provision within the French EPR framework. It ensures there are no gaps in EPR coverage. If a seller provides valid EPR Unique Identifiers, DSAP doesn't apply. DSAP only comes into play when the seller cannot be identified as a responsible producer.

Amazon France requires sellers to upload EPR Unique Identifier numbers for each applicable product category. Sellers without valid EPR registration may face listing restrictions. Amazon may also charge additional eco-contributions for products sold by non-compliant sellers, passing the cost to sellers or restricting their selling privileges.