What a written mandate contains
Direct answer: Article L. 541-10-9-1 of the French Environment Code, in force since 10 July 2026, has the representative appointed in writing, and established in France, and provides that the representative is subrogated in all the extended producer responsibility obligations whose mandate it accepts. The law settles the form and the effect; it does not prescribe a list of clauses. This page sets out what a mandate usually settles and what is worth reading clause by clause before signing. The binding text is the version actually signed; MyEPR's own mandate is on the mandate page.
1 · The law settles the form, not a list of clauses
Article L. 541-10-9-1 of the French Environment Code applies from 10 July 2026, under article 5 of the law of 8 July 2026 (no. 2026-602). Its text has a company holding no establishment in France, and falling under extended producer responsibility, appoint in writing someone established in France whose task is to see that its obligations are kept; that appointee is subrogated in every such obligation whose mandate it takes on. The same article carries an exception: the obligation is deemed satisfied where a person referred to in Article L. 541-10-9 established in France ensures that those obligations are met (Légifrance, read 22 October 2026).
The law settles writing and subrogation. It does not prescribe a list of clauses — the contract does, which is exactly why it is worth reading clause by clause. Whether your company is a producer in a given scheme, and whether that exception applies to it, is your determination from the text of the law; this page gives an order in which to read, not a conclusion about an individual case.
2 · What a mandate usually settles, clause by clause
| Clause | What it settles | What to look for when reading |
|---|---|---|
| Parties | the representative's identity and place of establishment, the producer's identity | whether the representative is actually established in France, and on what registration evidence |
| Purpose and scope | which schemes, which organisations | whether the scope is listed item by item; whether schemes not listed are expressly excluded |
| The representative's undertakings | joining the organisations, obtaining and passing on identifiers, filing declarations, acting as the contact in France, keeping records | whether the undertaking is one of means or one of result; the pace at which identifiers are issued is not the representative's to decide |
| The producer's undertakings | accurate, complete, timely data; payment; notifying changes | where the responsibility for data accuracy sits |
| Eco-contributions | the invoicing path, any margin, the order of payment and pass-through | whether there is a deposit, whether anything is advanced, what happens if payment is missed |
| Liability | the scope of the subrogation, any cap, the exceptions | the basis on which a cap is calculated; whether gross negligence or wilful misconduct sits outside it |
| Term and termination | start, term, renewal, notice, breach | what happens when the relationship ends — notification, return of records, ceasing to act |
| Data and confidentiality | personal data, how long confidentiality lasts | which privacy policy applies, and the retention periods |
| Law and jurisdiction | governing law, competent courts | which language version prevails |
| Clauses about the organisations | the acts expressly authorised, the organisation's right to claim directly from the producer, direct audit | whether the authorised acts are listed one by one |
| Annex: attestation of mandate | the attestation under Article L. 541-10-9-1 issued to each organisation | in which language it is issued, and which elements it names |
| Acceptance | how acceptance is given and recorded | whether the date and time, the version of the text and the schemes chosen are recorded |
3 · Three things you can check for yourself before signing
- Whether the full text can be read before payment, and whether it carries a version.
- Whether the scope is written as a list: schemes named one by one are easier to check than a phrase such as "all applicable schemes".
- Whether termination is symmetrical: the notice period on each side, and the return of records and access when it ends.
4 · Where MyEPR's own text is
MyEPR's mandate: the full text, with its version and update date. A Chinese reading summary is on the Chinese mandate page (the English text is the one signed).
How to check an identifier and its organisation, and why the public register does not show who the representative is: see checking a number in the ADEME public register.
5 · Sources
- Légifrance, Environment Code art. L. 541-10-9-1 (applicable from 10 July 2026; article 5 of the law of 8 July 2026, no. 2026-602) — read 22 October 2026.
- data.ademe.fr, the fields of three open datasets (none carries a representative field) — read 22 October 2026.
The mandate → Pay on Behalf and the French IDU → Back to how it works
FAQ
Why must it be written?
Because the law says so. The text of Article L. 541-10-9-1 is that a company with no establishment in France falling under extended producer responsibility appoints, by written mandate (par mandat écrit), someone established in France whose task is to see that its obligations are kept (Légifrance, read 22 October 2026). The written form is the form the law requires, not a preference of the service provider.
What does subrogation mean here?
The same article provides that the representative is subrogated in all the extended producer responsibility obligations whose mandate it accepts. That is why a mandate spells out the scope accepted — which schemes, which organisations: the boundary of the subrogation is the boundary of the mandate. The producer remains responsible for the accuracy of its own data and for its own choices.
How should eco-contributions be handled, and where?
In a clause of their own. Producer responsibility organisations invoice contributions at their published rates on the quantities placed on the market. The mandate should set out the path of that money: who invoices, whether any margin is added, and who pays before it is passed on to the organisation. A clear clause also says whether there is a deposit, whether anything is advanced, and what happens if payment is not made.
What should the term and termination clauses say?
The starting point, the first term, whether it renews by default, the notice period and the form of notice, what counts as serious breach, and what happens when the mandate ends: notifying the organisations and ADEME, returning records, ceasing to act. Those clauses decide what happens when the relationship ends, which often matters more than the clauses about its beginning.
What is the attestation issued to an organisation?
A document the representative issues to each producer responsibility organisation, under Article L. 541-10-9-1, naming the producer and the representative, the organisation and the schemes concerned, the acts authorised, the fact that the producer remains responsible for performance of the membership contract and may be audited directly, and the period of validity. It is the proof on the organisation's side; the public register does not publish who the representative is (measured 22 October 2026 — see the register page).