Online marketplace

New EPR requirements for online marketplaces

Online retail is getting more and more popular. It is not only convenient for consumers; it has also helped consumers and shops to cope with the closures caused by COVID.

At the same time, national authorities and the European Commission have identified sales via online channels as a major source of freeriding, whereby companies do not comply with EU-wide extended producer responsibilities (EPR) for WEEE, batteries and packaging.

One significant channel is sales via online marketplaces, where sellers do not always fulfil their EPR obligations for various reasons, including the seller not being aware of their obligations. Furthermore, online platforms still have no legal obligation to ensure the compliance of their sellers.

Following the mandate from Article 8a of the Waste Framework Directive, the European institutions have emphasized once again that actors in online sales have similar obligations to other producers or retailers. The European Commission is currently working on “Guidelines on the minimum requirements for extended producer responsibility schemes”.

According to a first draft from September 2020, Member States should consider introducing actions to prevent illegal online selling. The draft guidelines specifically mention the need to impose certain responsibilities on marketplaces to tackle the freeriding problem, such as the requirement for the online marketplace to request and check sellers’ compliance with their EPR obligations: for example, registration and reporting.

Although the Guidance is not yet officially published, Germany, France, Belgium and Portugal have already published or drafted legislation to implement marketplace requirements, albeit while applying a slightly different approach to regulation.

For example, marketplaces would be obliged to share EPR compliance information with their sellers in Germany and Belgium, but not in France and Portugal.  Other requirements include active checking that sellers are fulfilling their registration or reporting obligations, have a contract with a producer responsibility organisation, or that the marketplace is keeping an internal register of EPR data for all its sellers.

In the event of a seller’s non-compliance, Members States are considering different measures that the marketplace would need to take, such as stopping the sales of affected sellers or taking on the seller’s EPR obligation.

It is expected that other countries will follow the path of Germany, France, Belgium and Portugal, as all EU Member States are struggling with the negative effects of freeriding. These include underfunding of waste management operations and the undermining of legitimate producers who must pay more to compensate for the freeriders.

For more information and support, please contact us.

What else

Huge project for huge country

Landbell Group to support reduction, reuse and recycling of plastics in India

Read more

800 attendees, one goal: a plastic free world

Landbell Group to speak at biggest conference on reducing plastic waste

Read more

Electrifying clothes: Mode for Recycling!

Another fantastic finale for ERP Poland’s eye-catching environmental campaign

Read more

Helping children to unlock “The Avocado Mystery”

ERP Denmark supports children’s book on sustainable development goals

Read more

Have you met Hermit Leer?

New campaign in Austria to raise awareness among consumers to properly dispose of waste portable batteries

Read more

“They give us opportunity; we give them innovation.”

Interview with Anne Lamp from traceless materials, this year’s Green Alley Award winner

Read more

Focus on… Croatia

New Waste Act makes it easier for producers to comply with EPR obligations

Read more

A big step for Brazil

Brazil is taking its first steps in managing waste electronics and packaging - and we are proud to be accompanying them on this challenging journey 

Read more

Study shows how producers can benefit from competition

A new study from adelphi shows that competition drives innovation, improves services and ensures cost-efficient waste management

Read more

The Green Alley Award: jump on board

Get to know the latest circular economy business ideas… first!

Read more

How to turn WEEE into beehives

Collecting e-waste in Lodz, Poland is now much easier and builds new homes for bees  

Read more

Are you a parceiro sustentável?

Clients in Portugal can now find sustainability support: ERP Portugal and Novo Verde launch the “Parceiro Sustentável” programme

Read more

Taking the pressure off online sellers in Italy

Pressure is mounting on online sellers to comply with their environmental obligations - Consorzio ERP Italia is providing a wide range of support

Read more

Are you selling batteries into Austria?

New obligations for distance sellers of batteries are coming into force in Austria - ERP Austria is on hand to help

Read more

Focus on… Finland

Changes for EPR – including new measures for distance sellers – as Finland begins waste management reform

Read more

Do you like polluted beaches? We don’t either!

Landbell Group joins project to prevent marine litter in North Africa

Read more

Why did we endorse the Ellen MacArthur Foundation statement on EPR?

Landbell Group and over 150 stakeholders commit to EPR

Read more

You can trust us… now it’s official!

Europe's leading provider of e-commerce protection awards certificate to EASy-Shop

Read more

Kettles reach boiling point during Irish lockdown

A kettle was the most recycled object in Ireland over the past twelve months (with 1 in 4 Irish adults claiming to have recycled one)

Read more

Sun coming out – but be prepared for the rain

The outlook for the photovoltaic (PV) industry looks sunny again, but companies should not forget their future recycling obligations

Read more

Focus on… Georgia

Game-changing news for companies selling electronic goods in Georgia

Read more

Tokyo 2020: winning gold for sustainability

Olympic Games to tackle the reduction of electronic and plastic waste

Read more

How we are responding to the global expansion of EPR

Landbell Group publishes its annual performance report for 2020

Read more

How two men joined the fight for cleaner chemicals

Happy 15th Birthday to H2 Compliance

Read more