The representative mandate, article by article

MANDATE FOR REPRESENTATION UNDER FRENCH EXTENDED PRODUCER RESPONSIBILITY (REP) — version v1 — 15 October 2026
English text; French legal references are cited in their original wording where the law is quoted. This translation follows the mandate template of REP·Pro; in case of doubt the French legal texts prevail (article 12.10).

Between

REP·Pro, the business of Bachir Djebaili, sole trader (entreprise individuelle), registered with the Trade and Companies Register of Béziers under SIREN 108 271 586, whose address is 2 rue du Cabernet, 34500 Béziers, France, represented by Bachir Djebaili, hereafter the Representative (le Mandataire); and

the company identified at checkout (name, country, registration number, VAT or tax identifier, legal representative and EPR contact as provided in the order and the documents), hereafter the Producer (le Mandant). Together, the Parties.

Recitals

The Producer places on the French market products that fall under one or more French extended producer responsibility schemes, without being established in France. It wishes to entrust the Representative, established in France, with carrying out in its name the corresponding REP obligations. This mandate defines the scope, the responsibilities and the price of that representation.

Article 1 — Purpose

The Producer appoints the Representative, who accepts, to represent it in France and to carry out in its name the REP steps for the categories listed in Article 2: membership of an approved eco-organisation, obtaining and managing the unique identifier (IDU) with ADEME, periodic declarations of quantities placed on the market, and the role of point of contact established in France.

Article 2 — Scope (categories)

The mandate covers the EPR categories ticked by the Producer at checkout and recorded with its acceptance (packaging — household and, from 1 January 2027, professional —, electrical and electronic equipment, textiles, furniture, toys, sports and DIY goods, batteries, paper, tyres, vehicles, or another scheme named in the order). Any category not ticked is excluded. Adding a category is an amendment made through the Producer's account or by written agreement, and changes the plan under Article 7.

Article 3 — Undertakings of the Representative

1. membership of the Producer with an approved eco-organisation of each category;
2. obtaining the unique identifier from ADEME's producer register;
3. its own registration as the Producer's representative with the eco-organisation and with ADEME;
4. the periodic declarations of quantities placed on the market, within the applicable deadlines, on the basis of the data provided by the Producer;
5. the role of point of contact in France towards the eco-organisation and the administration, and the forwarding of requests received;
6. the keeping of the records relating to the steps carried out.

The Representative is bound by an obligation of means as to the proper performance of the formalities entrusted to it, on the basis of the information provided by the Producer. It does not advance the eco-contributions (Article 5) and is indemnified by the Producer for sums it may bear through subrogation (Article 6.4).

Article 4 — Undertakings of the Producer

1. to provide exact, complete and up-to-date data on its products, materials or categories and volumes placed on the French market, and to update them without delay when they change;
2. to pay the eco-contributions due under each scheme, re-invoiced by the Representative under Article 5, and any sum due under the scheme;
3. to pay the Representative's price (Article 7);
4. to inform the Representative of any change in its activity affecting the scope of the mandate;
5. not to appoint another representative for the same category without informing the Representative.

Article 5 — Eco-contributions (re-invoiced at cost, paid before transfer)

The eco-contributions and sums due to the eco-organisations under the categories covered are re-invoiced to the Producer to the cent, without any margin, and paid by the Producer before any transfer to the eco-organisation. The Representative does not advance them and no security deposit is required. The Representative computes and files the declarations; it assumes no obligation to pay the contribution in the Producer's place, and non-payment by the Producer suspends the corresponding transfer.

Article 6 — Liability

6.1. Article L. 541-10-9-1 of the Code de l'environnement (law no. 2026-602 of 8 July 2026, applicable since 10 July 2026) provides that the representative is subrogated in all the obligations arising from the principle of extended producer responsibility for which it accepts the mandate (the French text says the representative « est subrogé » in those obligations). The Representative is thus subrogated in the obligations of Article 2 for which it accepts this mandate. The Producer remains the producer responsible for the accuracy of its data and for its choices (Article 4).

6.2. The Representative's liability is limited to the proper performance of the formalities entrusted to it, on the basis of the information provided by the Producer. It is not liable for the consequences of erroneous, incomplete or late information from the Producer.

6.3. The Representative's liability, all damages combined, is capped at the price paid by the Producer over the twelve months preceding the event, except gross negligence or wilful misconduct. The Representative declares that it holds professional liability insurance.

6.4. Producer's guarantee. The Producer guarantees and indemnifies the Representative for any sum the latter may bear by reason of the subrogation provided for in article L. 541-10-9-1 (Article 6.1), in particular any eco-contribution, surcharge, penalty, periodic penalty payment or fine charged to the Representative on account of the Producer's obligations.

Article 7 — Price

7.1. The price depends on the number of categories covered: Starter (1 category) €29 a month or €249 a year paid upfront; Pro (up to 3 categories) €59 a month or €590 a year; Complete (up to 6 categories) €89 a month or €890 a year, then €12 a month per additional category up to 8. No setup fee. French VAT not applicable, article 293 B of the French Tax Code.

7.2. Every plan is a 12-month plan: monthly payments for twelve months, or one annual payment upfront, through Stripe (card or SEPA direct debit). The price is independent of the amount of the eco-contributions (Article 5). Beyond eight categories or for large volumes, the Parties conclude a separate agreement with REP·Pro.

Article 8 — Term, renewal, termination

8.1. The mandate takes effect on acceptance for twelve months, renewable by tacit renewal for twelve-month periods.

8.2. Either Party may terminate at the end of the term by written notice two months before the term ends. Termination takes effect at the term; payments made for the current term are not refunded.

8.3. Termination for a serious breach not remedied within thirty days of a written notice.

8.4. End of mandate: the Representative informs the eco-organisations and ADEME that it has ceased to be the Producer's representative, returns the records it holds and stops acting in the Producer's name. Appointing a new representative, if the Producer remains subject to a scheme, is the Producer's decision.

Article 9 — Personal data

Each Party complies with the applicable data protection law. The Representative processes the data provided solely to perform the mandate, for its duration and the legal retention periods, as described in the privacy policy of the site (/privacy/).

Article 10 — Confidentiality

The Parties keep the information exchanged confidential during the mandate and three years after its end.

Article 11 — Governing law and jurisdiction

This mandate is governed by French law. Any dispute not settled amicably is brought before the competent courts of Béziers, France.

Article 12 — Provisions relating to the eco-organisations

12.1. Basis. This mandate is governed by articles 1984 and following of the French Civil Code. It is concluded under article L. 541-10-9-1 of the Code de l'environnement.

12.2. Authorised acts. The Producer expressly authorises the Representative, for each category of Article 2 and with the approved eco-organisation chosen for it, to perform in its name and on its behalf: (a) joining the eco-organisation and signing the membership contract; (b) obtaining the unique identifier and forwarding it to the Producer; (c) preparing and filing the declarations of quantities placed on the market, including corrective declarations and regularisations of past periods requested by the eco-organisation; (d) receiving the invoices and paying the eco-contributions under Article 5; (e) exchanging with the eco-organisation for the performance of the membership contract, and retrieving the marking files it makes available to its members.

12.3. Duration. The mandate produces its effects for the whole duration of the membership contract concluded on the Producer's behalf, within the term of Article 8.

12.4. Producer's responsibility. The Producer remains responsible for the accuracy of the information it provides and for the proper performance of the membership contract. Acts performed by the Representative within this mandate bind the Producer towards the eco-organisation, which may act directly against the Producer.

12.5. Audits. The Producer acknowledges that it may be audited directly by the eco-organisation and by the administration, and undertakes to give them access to the necessary information.

12.6. Contributions. Eco-contributions and their modulations are not subject to any reduction. They are re-invoiced to the Producer to the cent, without margin, and paid by the Producer before any transfer (Article 5).

12.7. Transmission of the mandate. The Producer authorises the Representative to provide the eco-organisation with a copy of this mandate or the attestation of the Annex, and with its legal particulars.

12.8. Contact details. The Producer informs the Representative without delay of any change of its details, legal form or legal representative; the Representative keeps them up to date with the eco-organisation.

12.9. Establishment of the Representative. The Representative declares that it has a stable establishment in France for the whole duration of the mandate.

12.10. Language. This English text is provided for the Producer's convenience; the French legal texts cited prevail, and the attestation of the Annex is issued in French to the eco-organisations.

Annex — Attestation of mandate (one per eco-organisation)

For each eco-organisation, the Representative issues in French an attestation de mandat under article L. 541-10-9-1, stating: the Producer (name, legal form, registered office and country, registration number, foreign tax identifier and EU VAT number where applicable, legal representative, EPR contact); the Representative (REP·Pro — Bachir Djebaili, sole trader, SIREN 108 271 586, 2 rue du Cabernet, 34500 Béziers, France); the eco-organisation and the category; the acts covered (membership and signature of the membership contract, obtaining the identifier, declarations, payment of the contributions, exchanges needed for the contract); the statement that the Producer remains responsible for the proper performance of the membership contract and may be audited directly; and the period of validity of the mandate.

Acceptance

The Producer accepts this mandate online by ticking the acceptance box after payment; the acceptance is recorded with its date and time (UTC), the version of the text, the categories, the plan and the IP address of the connection. REP·Pro countersigns and sends the accepted text by e-mail.