Selling to French customers from the UK after Brexit: product compliance, EU responsible person and DGCCRF inspections

Selling to French customers from the UK after Brexit: product compliance, EU responsible person and DGCCRF inspections

A UK company can still sell to French customers without a French subsidiary, but since 1 January 2021 it sells from a third country. In practice that means five things: a CE marking based on an EU conformity procedure (UKCA has no value in the EU), an economic operator established in the EU for most products, a website and terms that comply with French consumer law, a total price that discloses import charges, and extended producer responsibility (EPR) registration with a representative in France since July 2026.

Updated: November 2026. Key provisions: Article 30 of Regulation (EC) No 765/2008; Article 4 of Regulation (EU) 2019/1020; Articles 16 and 19 of Regulation (EU) 2023/988 (GPSR); Article 6 of the Rome I Regulation; Articles L. 221-18, L. 221-21, L. 221-6 and L. 521-1 of the French Consumer Code (Code de la consommation); Article L. 541-10-9-1 of the French Environment Code.

This page is the starting point of our series on UK businesses selling into France. It summarises each obligation and links to the article that covers it in detail. Victoris is a Paris law firm; English law is mentioned only to explain your position, and nothing here is advice on English law. All examples are fictitious. If you or a French partner have already received a request from the French authorities, see our page for a lawyer for DGCCRF and DDPP inspections.

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What changed on 1 January 2021

The UK became a third country for EU product law

The transition period under the Withdrawal Agreement ended on 31 December 2020 (Article 126). In its notice to stakeholders of 13 March 2020 on industrial products, the European Commission set out the consequences: UK notified bodies lost their EU status and were removed from the NANDO database, and a manufacturer or importer established in the UK ceased to be an economic operator established in the EU. An EU distributor buying from the UK becomes an importer.

Parcels and judgments no longer move freely

A parcel sent from Great Britain to a French consumer is now an import. Since 1 July 2021, according to French customs (douane), goods bought online from outside the EU are subject to import VAT from the first euro. For court cases, the Brussels I bis Regulation still governs proceedings started before the end of the transition period (Article 67 of the Withdrawal Agreement). For proceedings started since 1 January 2021, an English judgment is no longer enforceable in France as of right, and vice versa; the 2005 and 2019 Hague Conventions have partly taken over.

What did not change: French law protects your French customers

Before a French court, the Rome I Regulation still decides which law governs a contract, and under its Article 2 it applies even where the law designated is that of a non-EU country. Under Article 6, if you direct your activity to France, French mandatory consumer rules apply to your French customers, whatever your terms say about English law.

Meanwhile, French and EU law moved on: Article 4 of Regulation 2019/1020 (since 16 July 2021), the General Product Safety Regulation or GPSR (since 13 December 2024), the online withdrawal function (since 19 June 2026) and the French EPR representative (since 10 July 2026).

CE recognition in Great Britain is one-way

The Product Safety and Metrology etc. (Amendment) Regulations 2024, in force since 1 October 2024, allow CE marked products to be sold in Great Britain in the sectors they cover. Nothing equivalent exists in EU law: UKCA has no legal effect in France. A product marked "CE UKNI" for Northern Ireland, certified by a UK-based notified body, cannot be sold in the EU on that basis.

Workstream 1: the product (marking, certificates, documents, language)

CE is the only conformity marking recognised in the EU

Under Article 30 of Regulation (EC) No 765/2008, CE marking is the only marking that attests conformity with EU harmonisation legislation that requires it: toys, low-voltage electrical equipment, electromagnetic compatibility, radio equipment and machinery, among others. A lamp or a toy bearing UKCA alone is treated in France as lacking the required marking. Dual CE and UKCA marking is allowed, provided each rests on its own procedure and UKCA does not impair the visibility or meaning of CE.

A UK Approved Body certificate does not support CE

Where the sector rules allow internal production control (module A), as for the electrical safety of a kettle under French Decree No 2015-1083, no third party is involved and UK test reports can go into the technical file. Where a type-examination is required, for example for a toy whose harmonised standards were not fully applied (Articles 9 and 10 of Decree No 2010-166), the certificate must come from a body notified in an EU Member State, the EEA or Turkey. The UK government itself says that UK Approved Bodies can only be used for UKCA. See UKCA or CE marking and the value of UK Approved Body certificates.

EU declaration of conformity and technical file

Article L. 411-1 of the French Consumer Code requires whoever first places a product on the market to show the authorities the checks carried out. For a UK-designed product, that means EU documents: an EU declaration of conformity citing EU legislation (not "UK Regulations"), a complete technical file and, where required, the notified body certificate. For toys and electrical equipment, the declaration must be drawn up in or translated into French (Article 7 of Decree No 2010-166; Article 13 of Decree No 2015-1083).

French language

Article 2 of Law No 94-665 of 4 August 1994 (the Toubon law) requires French for the description, offer, presentation, instructions, guarantee, invoices and advertising of goods sold in France. English may appear alongside, if the French is equally legible (Article 4). Failure is a 4th-class petty offence: up to €750, or €3,750 for a company (Decree No 95-240). Sector rules add their own requirements, such as safety instructions in the language of the country of sale (Article 9(7) GPSR) and toy warnings in French starting with "Attention !". Details: French language requirements for UK sellers.

Workstream 2: an economic operator established in the EU

Two rules sharing the products

Under Article 4 of Regulation (EU) 2019/1020, a product covered by the legislation listed in its paragraph 5 (toys, low-voltage equipment, EMC, radio equipment, machinery, among others) may be placed on the market only if an economic operator established in the EU is responsible for it. Since 13 December 2024, Article 16 GPSR applies the same requirement to consumer products not covered by harmonisation legislation, such as a high chair or a travel cot. Cosmetics have their own "responsible person" under Article 4 of Regulation (EC) No 1223/2009.

Selling only online does not help. According to the Commission's guidelines of 5 March 2021 on Article 4, where products are shipped directly from a third country to an EU end user and no authorised representative has been appointed in writing, they may not be offered for sale.

Who can take the role

The list is closed: an EU manufacturer (for instance an EU subsidiary selling under its own brand), an importer, an authorised representative (mandataire) appointed in writing or, failing all three, a fulfilment service provider that stores, packs, addresses or dispatches the goods without owning them. The operator need not be in France: a representative in Ireland or the Netherlands can cover French sales, and the French authorities can contact it directly. It must verify the declaration of conformity and technical file, supply them on reasoned request, report risks and cooperate; under the GPSR it must also check the product periodically.

Labels and online listings

The operator's name and postal address must appear on the product, its packaging, the parcel or an accompanying document (Article 4(4)); the GPSR adds an email address (Article 16(3)). Under Article 19 GPSR, every online offer must show the manufacturer, the EU responsible person, a picture and identification of the product, and safety warnings in the language of the country of sale. Failing to comply can lead to a compliance order with a daily penalty of up to €3,000, capped at €300,000 (Article L. 521-1). See EU responsible person for UK sellers.

Workstream 3: website, terms and total price

Withdrawal, guarantees and mediator

French consumers have 14 days to withdraw from a distance contract, counted from receipt of the goods (Article L. 221-18). If they were not properly informed, the period is extended by 12 months (Article L. 221-20). Since 19 June 2026, every online shop must offer a withdrawal function labelled "renoncer au contrat ici" (withdraw from contract here) or an equivalent, available throughout the period (Articles L. 221-21 and D. 221-5). Refunds must include standard delivery costs and be made within 14 days (Article L. 221-24), so store credit and restocking fees do not work. You also owe the two-year legal guarantee of conformity (Article L. 217-3) and access to a consumer mediator (Article L. 612-1). See French consumer law for UK online sellers.

UK terms and conditions

Once translated onto the French version of your site, UK terms are read clause by clause. The French blacklist (Article R. 212-1) covers clauses that reduce the consumer's right to compensation, such as a liability cap equal to the price paid, clauses reserving the right to change the price unilaterally, and clauses letting the seller alone decide whether goods conform. A blacklisted clause is deemed unwritten and can trigger an administrative fine of up to €75,000 for a company (Article L. 241-2). A clause passing risk on dispatch contradicts Article L. 216-2, under which risk passes when the consumer takes physical possession. See unfair terms and French consumers.

Total price, import VAT and customs charges

French price rules require the "somme totale toutes taxes comprises" (total amount including all taxes) actually payable, in euros (Order of 3 December 1987). Additional charges must be disclosed, or at least the fact that they may be payable (Article L. 112-3). If you did not disclose them, the consumer does not have to pay them (Article L. 221-6). On top of import VAT, which you can collect at checkout through IOSS for consignments up to €150, French customs list a flat €3 customs duty per item category since 1 July 2026 for distance sales up to €150, a €2 handling fee per item category from 1 November 2026, and the carrier's clearance fees. The EU-UK Trade and Cooperation Agreement removes duties only for goods of UK origin. See customs charges on delivery to France.

Workstream 4: extended producer responsibility (EPR)

French EPR rules apply to anyone who makes, sells or imports products that generate waste (Article L. 541-10 of the Environment Code), wherever established. For electrical and electronic equipment, Article R. 543-174 expressly covers a seller established in a third country selling at a distance to French households, and almost every seller is caught at least by the household packaging stream. You normally join an approved eco-organisation (éco-organisme), obtain a unique identifier per stream (Article L. 541-10-13) and show it in your terms and on your website (Article R. 541-173). Without it, marketplaces must pay EPR for you (Article L. 541-10-9) and will ask for the number.

Since 10 July 2026, Article L. 541-10-9-1 requires any producer not established in France to appoint, in writing, an authorised representative established in France, except for products whose EPR is handled by a marketplace established in France. This is a different role from the EU responsible person: one deals with product safety and can be anywhere in the EU, the other deals with waste obligations and must be in France. Fines are set by the Environment Ministry (Article L. 541-9-5). See EPR in France for foreign sellers.

Your French partners: distributors, agents and warehouses

Depending on the facts, a French distributor, subsidiary or warehouse may be an importer, a manufacturer, a distributor or a fulfilment service provider, with very different duties. The tests are who buys and owns the goods, who first makes them available on the EU market, under whose name or brand, and who modifies them. Where a French establishment stores products designed by a UK parent, the answer depends on contracts, invoicing and actual flows.

Between businesses, a choice of English law generally works before a French court (Article 3 of Rome I), subject to overriding mandatory rules. Without a choice, a distribution contract is governed by the law of the distributor's country (Article 4(1)(f)). The 2005 Hague Convention covers exclusive jurisdiction clauses only, and the EU and the UK disagree on whether it applies to clauses concluded between October 2015 and December 2020. The 2019 Hague Convention has applied between the EU and the UK to proceedings started since 1 July 2025. A French commercial agent has statutory notice and an indemnity on termination (Articles L. 134-11 and L. 134-12 of the Commercial Code), and a French distributor may rely on the rule against abrupt termination of an established relationship (Article L. 442-1, II), whose application despite a foreign governing law was referred to the EU Court of Justice by the Cour de cassation (the French Supreme Court) on 2 April 2025. See French-UK contracts after Brexit.

Who inspects a UK seller in France, and how

The authorities

The DGCCRF (the French authority for competition, consumer affairs and fraud control) and its local offices, the DDPP (departmental directorates for the protection of the population), check product compliance, the EU operator requirement (Articles L. 511-11 and L. 511-12 of the Consumer Code), consumer law online and the use of French (Article L. 511-13). EPR is enforced by the Environment Ministry; import VAT and duties by French customs.

The main stages

An inspection of a non-French seller usually starts online. Officers may use an assumed identity to check online sales (Article L. 512-16): test purchase, screenshots of the checkout, download of the terms, a withdrawal attempt. They then turn to whoever can be reached in France or the EU: the operator named on the packaging, a subsidiary, a distributor, a warehouse. They can demand documents of any kind (Article L. 512-8), enter business premises between 8 am and 8 pm (Article L. 512-5), and collect information or interview anyone useful, on the spot or by summons, with signed minutes (Article L. 512-10). If one of your people is summoned, read why a DGCCRF interview is not a formality.

Possible outcomes

Depending on the findings: a warning, a compliance order (injonction) with a daily penalty (Article L. 521-1), an administrative fine imposed by the DGCCRF (Article L. 522-1), suspension, withdrawal or recall of products (Articles L. 521-7 and L. 521-17), measures against online offers (Article L. 521-3-1), or referral to the public prosecutor. Before any administrative fine, the company is told in writing what penalty is proposed and may submit observations, with a lawyer of its choice (Article L. 522-5). A detailed article on inspections of UK companies will follow in this series. From the first request for documents, deciding who answers, and with what evidence, is work for a lawyer.

The 15 checkpoints for a UK company selling in France

The table below lists the points inspectors check most often, with the main legal text and the series article that explains it. It measures exposure; how to fix each point depends on your products and supply chain.

FAQ

Can a UK company sell to French consumers without an EU entity?

Yes, no rule requires a subsidiary. But for most consumer products, an economic operator established in the EU, such as an authorised representative appointed in writing, must be responsible for them (Article 4 of Regulation 2019/1020 or Article 16 GPSR). For EPR, a representative established in France has been required since 10 July 2026.

Is UKCA marking accepted in France?

No. CE is the only conformity marking recognised under EU harmonisation legislation (Article 30 of Regulation 765/2008), and a UK Approved Body certificate cannot support CE marking where a notified body must be involved.

Does French consumer law apply if my terms say English law?

Yes, for mandatory rules, if you direct your activity to France (Article 6 of Rome I). Withdrawal, legal guarantees, unfair terms, the mediator and pre-contract information are governed by the French Consumer Code. Your English law clause is not void, but it cannot take those rights away.

Who pays customs charges on a parcel from the UK to France?

It depends on whether you ship duties paid (DDP) or unpaid (DAP), but disclosure is always your responsibility. If you did not announce the charges before the order, the French consumer does not have to pay them (Article L. 221-6 of the Consumer Code).

Do I need a representative in France or in the EU?

Possibly both, for different purposes. The EU responsible person for product safety can be in any EU Member State. The EPR representative under Article L. 541-10-9-1 must be established in France. One French company can hold both roles if both mandates provide for it.

Can the DGCCRF take action against a company based in the UK?

Yes. Its measures target the products, the website and the offers made in France, whatever the seller's home country, and its officers deal with the operators reachable in France or the EU.

Conclusion

Selling to French customers from the UK after Brexit remains entirely possible, but it requires four workstreams that the single market used to hide: an EU-compliant product file, an EU responsible person, a French-compliant website with a true total price, and EPR with a French representative. Clear contracts with your French partners complete the picture. Whether you are preparing to enter the French market or a French partner has just received a request for documents, Victoris can review your position and assist you before the authorities.

Article written by Guillaume Leclerc, lawyer at the Paris Bar, 34 avenue des Champs-Élysées, Paris. Working languages: French and English.

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