Skip to main content
Operator One
Book a Free Consultation

The marketplace mandate: why Amazon, Bol and eBay are legally required to check your EPR before listing

·

Amazon, bol and eBay must check your EPR, GPSR and DSA data before listing. German EPR fines reach EUR 200,000, and PPWR applies from 12 August 2026.

By Operator One Editorial — 19 March 2026

Key takeaways

  • Germany replaced the Verpackungsgesetz with the Verpackungsrecht-Durchführungsgesetz (VerpackDG) on 12 August 2026: section 13 bars distributors and fulfilment service providers from handling packaging of producers not properly registered in LUCID, with fines up to EUR 100,000 for fulfilment providers, while online platforms collect registration numbers under PPWR Article 45(4).
  • Germany's ElektroG section 6(2) has required marketplaces and fulfilment providers since 1 July 2023 to refuse electrical equipment from producers not registered with stiftung elektro-altgeräte register, with fines up to EUR 100,000.
  • France has required an Identifiant Unique (IDU) per EPR scheme since 1 January 2022 under article L541-10-13 of the Code de l'environnement, and ADEME treats a marketplace without proof of a seller's IDU as the producer.
  • The Digital Services Act, Regulation (EU) 2022/2065 Article 30, has required online platforms since 17 February 2024 to collect five categories of trader information before a trader can sell, and to make best efforts to verify it.
  • The GPSR, Regulation (EU) 2023/988, has applied since 13 December 2024: Article 22 makes online marketplaces register in the Safety Gate Portal and show the manufacturer and, for non-EU manufacturers, the EU responsible person on each listing.
  • The PPWR, Regulation (EU) 2025/40, has applied since 12 August 2026: Article 44 requires packaging producer registration in each Member State and Article 45(4) obliges online platforms to collect EPR compliance information from producers.

One of the most common misunderstandings we encounter when a brand asks why a marketplace has suspended its listing is the assumption that the platform is being unreasonable, or implementing its own internal policy. In most cases it is not. Amazon, bol, eBay and other EU marketplaces act on specific obligations written into EU regulations and national EPR laws, and several of those obligations apply before a product can go live.

This piece walks through the four regulatory pillars that turned marketplaces from passive hosts into mandated checkers of upstream compliance: national EPR laws, the General Product Safety Regulation (GPSR), the Digital Services Act (DSA) and, since 12 August 2026, the Packaging and Packaging Waste Regulation (PPWR). This article was updated on 13 September 2026 to reflect the rules in force on that date.

Pillar 1: EPR enforcement, Waste Framework Directive Article 8a and national law

The Waste Framework Directive (Directive 2008/98/EC, as amended by Directive (EU) 2018/851) sets minimum requirements for Extended Producer Responsibility (EPR) schemes in Article 8a. The marketplace duties themselves come from national law, so they differ from one Member State to the next: some countries forbid marketplaces from enabling offers by unregistered producers, others treat the marketplace as the producer when the seller cannot show a registration.

Concrete examples:

  • Germany, packaging (VerpackDG): from 1 July 2022 until 11 August 2026, section 7(7) of the Verpackungsgesetz (VerpackG) barred electronic marketplaces from enabling offers of packaging whose producer had not registered in LUCID or joined a system. On 12 August 2026 the Verpackungsrecht-Durchführungsgesetz (VerpackDG) replaced the VerpackG. Section 13(3) VerpackDG forbids distributors from making packaging available where the producer is not properly registered or, for packaging subject to system participation, has not joined a system, and section 13(4) forbids fulfilment service providers from storing, packing, addressing or shipping packaging of unregistered producers. Section 13(4) also refers to DSA Article 30(1)(d) and PPWR Article 45(4), and the Zentrale Stelle Verpackungsregister (ZSVR) provides automated reconciliation with LUCID data for the checks fulfilment providers and online platforms carry out. Registrations under the old law remain valid, while producers newly obliged to register had to register by 12 September 2026 (section 68(2)). A fulfilment service provider in breach can be fined up to EUR 100,000 (section 66(1) no. 9 and section 66(3)).
  • Germany, electrical equipment (ElektroG): under section 6(2) of the ElektroG, marketplaces may not enable the offer of electrical or electronic equipment from producers not registered with stiftung elektro-altgeräte register (stiftung ear), and fulfilment service providers may not store, pack, address or ship it. According to the Umweltbundesamt, this applies from 1 July 2023. Fines reach EUR 100,000 (section 45(1) nos. 4a and 4b, section 45(2)).
  • Germany, batteries (BattDG): the Batterierecht-Durchführungsgesetz (BattDG), which implements Regulation (EU) 2023/1542 and replaced the Batteriegesetz (BattG), came into force on 7 October 2025 according to stiftung ear. Section 4(3) BattDG forbids distributors from making available, and fulfilment service providers from storing, packing, addressing or shipping, batteries of producers not properly registered with stiftung ear. Breaches carry fines up to EUR 100,000 (section 60(1) nos. 1 and 2, section 60(3)).
  • France (AGEC, Code de l'environnement): since 1 January 2022, every producer subject to one or more EPR schemes must hold an Identifiant Unique (IDU), one per scheme, under article L541-10-13 of the Code de l'environnement, issued through ADEME. According to ADEME, a marketplace acquires producer status for the volumes it sells on behalf of third parties unless it holds proof that those sellers have an IDU for the schemes concerned.
  • Spain (Royal Decree 1055/2022): Royal Decree 1055/2022 on packaging entered into force on 29 December 2022, the day after its publication in the BOE. Where packaged products from outside Spain are sold through an e-commerce platform and the producer has not appointed an authorised representative in Spain, the platform acts subsidiarily as the producer for financial and information obligations. Article 15 required producers to register in the packaging section of the Registro de Productores de Producto within three months of entry into force; the new marking obligations in Article 13 apply from 1 January 2025.

Pillar 2: GPSR, Article 22 marketplace obligations

The General Product Safety Regulation (Regulation (EU) 2023/988, applicable from 13 December 2024) gives online marketplaces a distinct role under Article 22. The obligation to have a responsible person sits elsewhere: GPSR Article 16(1) provides that a product may not be placed on the EU market unless an economic operator established in the Union is responsible for the tasks in Article 4(3) of Regulation (EU) 2019/1020 (the Market Surveillance Regulation).

Under GPSR Article 22, providers of online marketplaces must register with the Safety Gate Portal and designate a single point of contact for market surveillance authorities (Article 22(1)), designate a single point of contact for consumers (Article 22(2)), and keep internal processes for product safety (Article 22(3)). Article 22(9) requires marketplaces to design their online interface so that traders can provide, and consumers can see on each listing, at least the manufacturer's name and postal and electronic address and, where the manufacturer is not established in the EU, the name and address of the responsible person.

Pillar 3: DSA, Article 30 trader traceability

The Digital Services Act (Regulation (EU) 2022/2065, applicable from 17 February 2024) introduced the "Know Your Business Customer" obligation in Article 30. Online platforms that allow consumers to conclude distance contracts with traders must obtain the following information, where applicable, before a trader can offer products to consumers in the EU (Article 30(1)):

  • the trader's name, address, telephone number and email address;
  • a copy of the trader's identification document or an electronic identification under Regulation (EU) No 910/2014;
  • the trader's payment account details;
  • the trade register and registration number, where the trader is registered;
  • a self-certification committing the trader to offer only products that comply with applicable EU law.

Under DSA Article 30(2), the platform must make best efforts to assess whether that information is reliable and complete, using official online databases or supporting documents, and the trader is liable for its accuracy. This is the legal basis behind the seller verification requests EU marketplaces have sent since 2024.

Pillar 4: PPWR, packaging EPR checks from 12 August 2026

The Packaging and Packaging Waste Regulation (Regulation (EU) 2025/40) applies from 12 August 2026 under Article 71 and repeals Directive 94/62/EC from the same date, with transitional exceptions set out in Article 70. Because it is a regulation, its EPR rules apply directly in every Member State.

  • Registration: PPWR Article 44(2) requires producers to register in each Member State where they make packaging or packaged products available for the first time, and Article 44(4) prohibits making packaging available there without registration. Article 44(1) gives Member States 18 months from the first implementing act under Article 44(14) to set up the national register.
  • Authorised representative: PPWR Article 45(3) requires producers falling under Article 3(1), point (15)(c) and (d), to appoint, by written mandate, an authorised representative for extended producer responsibility in each Member State where they first make packaging available other than their own, and allows Member States to require one from producers established in third countries.
  • Online platforms: for compliance with DSA Article 30(1)(d) and (e), PPWR Article 45(4) obliges online platforms that let consumers conclude distance contracts with producers to obtain, before those producers can use their services, the producer's registration and registration number in the Member State where the consumer is located and a self-certification of EPR compliance there, and Article 45(6) requires best efforts to assess whether it is complete and reliable. Article 45(7) requires producers to give the same information to fulfilment service providers.

Other 2026 changes that affect marketplace sellers

  • France, Law No. 2026-602 of 8 July 2026 on reducing the environmental impact of the textile industry adds duties for online platforms selling textiles, including assessing ultra-fast-fashion practices (article L541-9-1-1 of the Code de l'environnement) and displaying manufacturing locations clearly on digital platforms (article L541-9-1-2), alongside a new environmental-performance modulation of textile EPR contributions (article L541-10-27).
  • EU customs, Council Regulation (EU) 2026/382: from 1 July 2026, the customs duty relief for consignments valued at EUR 150 or less no longer applies to e-commerce imports; a temporary customs duty of EUR 3 per item, counted by tariff classification, applies until 1 July 2028, according to the European Commission. This changes the economics of shipping low-value goods direct to EU consumers from outside the Union.

What this stacks up to

A marketplace listing a product to an EU consumer in September 2026 operates under four concurrent sets of rules that require it to:

  1. Collect and verify the trader's identity, contact, payment and register details (DSA Article 30).
  2. Display the manufacturer and, for non-EU manufacturers, the EU responsible person on the listing, and cooperate with market surveillance authorities (GPSR Articles 16 and 22).
  3. Check EPR registration per stream and per Member State where national law requires it, for example ElektroG section 6(2) in Germany and France's L541-10-13 regime.
  4. Collect EPR compliance information from packaging producers (PPWR Article 45(4)).

In Operator One's experience, marketplaces increasingly cluster these checks, so a failure in one area often prompts a review of the others.

Practical implications

In Germany, the law itself prohibits marketplaces from enabling offers by producers who are not registered for electrical equipment (ElektroG section 6(2)), and for packaging, platforms must collect the producer's LUCID registration under PPWR Article 45(4) before allowing sales, so a missing registration can stop a listing before any complaint is made. In France, a marketplace without proof of a seller's IDU becomes liable as producer, which gives it a direct financial reason to block the listing. EPR registration is required per country and per stream, and does not transfer from one legal entity to another. Brands without an establishment in a given country need to check, market by market, whether a locally established authorised representative is required (for packaging, PPWR Article 45(3) now sets EU-wide rules), or sell through a Merchant of Record that is itself the legal seller and holds the relevant registrations in its own name where it is the producer.

How to get listing-ready, step by step

  1. Map countries and streams. List every Member State you will sell into and every EPR stream your products trigger there: packaging, electrical and electronic equipment, batteries and, in France, textiles and other schemes.
  2. Identify the producer in each country. Determine which legal entity each national law and PPWR Article 44(2) treats as the producer, typically the one first making the goods available on that market: the brand, an importer or a Merchant of Record.
  3. Register and join the schemes. In Germany register in LUCID and join a dual system, and register electrical equipment and batteries with stiftung ear; in France obtain an IDU per scheme via ADEME; in Spain register in the Registro de Productores de Producto; appoint an authorised representative where PPWR Article 45(3) or national law requires one.
  4. Enter the data in each marketplace account. Provide the DSA Article 30 trader information, the GPSR Article 22(9) manufacturer and EU responsible person details, and the EPR registration numbers per country and stream.
  5. Keep registrations current. File volume declarations on time and update numbers when entities, schemes or authorised representatives change, because under DSA Article 30(3) a platform that has reason to believe your information is inaccurate, incomplete or not up to date must ask you to correct it and suspend you if you do not.

Frequently asked questions

Do I need a LUCID registration to sell packaged goods on Amazon Germany?

Yes, if you are the producer of packaging that reaches German consumers. Since 12 August 2026, PPWR Article 45(4) requires online platforms to obtain your registration number in the packaging register of the Member State where the consumer is located, in Germany LUCID, before you can sell. Germany's Verpackungsrecht-Durchführungsgesetz (VerpackDG), which replaced the Verpackungsgesetz that day, also bars distributors and fulfilment service providers from handling packaging of unregistered producers (section 13). LUCID registrations made under the old law remain valid (section 68(2)).

What is France's Identifiant Unique and when did it become mandatory?

The Identifiant Unique (IDU) is the registration number ADEME issues to producers under article L541-10-13 of France's Code de l'environnement, mandatory since 1 January 2022. A producer holds one IDU per EPR scheme, so packaging, electrical equipment and furniture each need their own. According to ADEME, a marketplace becomes the producer for third-party sales unless it holds proof that the seller has an IDU for the scheme concerned.

Does a German WEEE registration also cover my packaging and batteries?

No. In Germany each stream has its own registration. Electrical and electronic equipment is registered with stiftung elektro-altgeräte register under the ElektroG, batteries are registered with stiftung ear under the BattDG, and packaging is registered in LUCID under the VerpackDG, which replaced the VerpackG on 12 August 2026. According to the Umweltbundesamt, marketplaces and fulfilment providers have had to verify ElektroG registration since 1 July 2023, with fines up to EUR 100,000 per infringement.

What information does DSA Article 30 require a marketplace to collect from me?

Under Article 30(1) of the Digital Services Act, Regulation (EU) 2022/2065, applicable since 17 February 2024, a platform must obtain, where applicable: your name, address, telephone and email; an identification document or electronic identification; payment account details; your trade register and registration number; and a self-certification that you only offer products complying with EU law. Article 30(2) requires best efforts to check this is reliable and complete.

What are the consequences of selling without EPR registration in Germany?

Germany fines on several fronts. Under VerpackDG section 66(3), which replaced the VerpackG fine rules on 12 August 2026, failing to participate in a system can cost up to EUR 200,000 and failing to register in LUCID up to EUR 100,000. ElektroG section 45(2) allows fines up to EUR 100,000 for marketplaces enabling offers of unregistered electrical equipment, and BattDG section 60(3) up to EUR 100,000 for supplying batteries of unregistered producers. Marketplaces must also refuse offers of electrical equipment from unregistered producers.

If a Merchant of Record is the seller, who carries the EPR and product safety obligations?

EPR follows the legal entity that each national law treats as the producer, typically the one first placing goods on that market, and registrations do not transfer between entities. Where Operator One imports goods into the EU as Merchant of Record, it is the importer and the responsible economic operator under Regulation (EU) 2019/1020 Article 4 and GPSR Article 16. CE marking, the technical file and the EU Declaration of Conformity stay with the manufacturer.

What changed for marketplace sellers on 12 August 2026 under the PPWR?

Regulation (EU) 2025/40, the Packaging and Packaging Waste Regulation, has applied since 12 August 2026 and repealed Directive 94/62/EC from that date, with transitional exceptions. Article 44 requires packaging producers to register in each Member State where they first make packaging available, Article 45(3) requires certain producers to appoint an authorised representative for EPR, and Article 45(4) obliges online platforms to collect EPR compliance information from producers.

Is a marketplace responsible for packaging EPR in Spain?

Partly. Spain's Royal Decree 1055/2022, in force since 29 December 2022, provides that where packaged products from outside Spain are sold through an e-commerce platform and the producer has not appointed an authorised representative in Spain, the platform acts subsidiarily as producer for financial and information obligations. Article 15 required producers to register in the packaging section of the Registro de Productores de Producto within three months.

Where a Merchant of Record carries the obligation

When Operator One acts as Merchant of Record, it is the legal seller: listings show the client as the brand and Operator One as the seller, and marketplaces run their DSA Article 30 trader checks on Operator One. Where Operator One imports goods into the EU, it is the importer and therefore the EU responsible economic operator under Regulation (EU) 2019/1020 Article 4(2) and GPSR Article 16, a role that cannot be outsourced. CE marking, the conformity assessment, the technical file and the EU Declaration of Conformity stay with the manufacturer under Regulation (EC) 765/2008 Article 30(1); as importer, Operator One verifies the file exists, adds its own name and postal address, keeps the Declaration of Conformity for 10 years, makes the file available to authorities and runs corrective action. EPR registration is per country and per stream and does not transfer between legal entities. Where a market requires a locally established authorised representative, Operator One commonly arranges one as part of onboarding, but not in every market. Terms used here are defined in the compliance glossary.

Sources: Regulation (EU) 2025/40 (PPWR), EUR-Lex; Regulation (EU) 2023/988 (GPSR), EUR-Lex; Regulation (EU) 2022/2065 (DSA), EUR-Lex; Umweltbundesamt, VerpackG changes from 1 July 2022; Verpackungsrecht-Durchführungsgesetz (VerpackDG); Zentrale Stelle Verpackungsregister; ElektroG section 45; Umweltbundesamt, Electrical and Electronic Equipment Act; BattDG section 4; ADEME, Identifiant Unique; Real Decreto 1055/2022, BOE; Loi n° 2026-602, Légifrance; European Commission, temporary duty on low-value imports.

All articlesBook a Free Consultation