Authorised Representative for EPR under the PPWR: When It Is Mandatory, the Mandate and the Proposed Suspension

Since 12 August 2026, Article 45(3) of the PPWR (Regulation (EU) 2025/40) requires every producer that sells packaging or packaged products directly to end users in another Member State to appoint, by written mandate, an authorised representative for extended producer responsibility (EPR) in each such Member State. The duty binds the producers of Article 3(1), point (15)(c) and (d), and no one else under EU law. For other producers established in third countries, each Member State may decide to require the same appointment.

The rule sits in Chapter VIII, the EPR chapter of the EU Packaging and Packaging Waste Regulation (PPWR), next to the producer register of Article 44. Proposal COM(2025) 982 of 10 December 2025 would suspend Article 45(3) until 1 January 2035, but as of 24 October 2026 it is only proposed: the duty applies and nothing is suspended.

This page covers the definition, the Article 17 comparison, the trigger, the mandate, six national rules and the suspension procedure.

Compiled by the PackagingRegulation.org Editorial Team from the Regulation's text on EUR-Lex and the cited official sources; every value on this page is checked against EUR-Lex and the Parliament's legislative observatory, see our methodology and fact-checking.

The key facts of the EPR authorised representative rule are summarised in the table below.

What Is an Authorised Representative for EPR under the PPWR?

An authorised representative for the extended producer responsibility is, under Art. 3(1)(20) PPWR, a natural or legal person established in the Member State where the producer first makes packaging or packaged products available, appointed to fulfil that producer's obligations under Chapter VIII of the Regulation. The definition also covers the Member State where the producer unpacks packaged products without being an end user. That Member State must differ from the Member State or third country where the producer itself is established. The appointment follows Article 8a(5), third subparagraph, of the Waste Framework Directive 2008/98/EC (OJ L 312, 22.11.2008, p. 3).

The German text of the Regulation calls the role "Bevollmächtigter für die erweiterte Herstellerverantwortung" and the French text "mandataire pour le régime de responsabilité élargie des producteurs". The full wording is in Article 3(1), point (20) in the PPWR legal text.

Is the EPR authorised representative the same as the Article 17 authorised representative?

No: the PPWR has two different authorised representatives, the optional product-compliance representative of Art. 17, established anywhere in the Union and mandated by the manufacturer, and the EPR representative of Art. 45(3), established in the Member State concerned and appointed by the producer.

The table below compares the two roles feature by feature.

Two duties stay with the manufacturer whatever the mandate says: the Art. 15(1) obligations and drawing up the technical documentation cannot form part of an Art. 17 mandate (Art. 17(2), last subparagraph). The manufacturer's own duties are set out under PPWR compliance obligations.

When Is an EPR Authorised Representative Mandatory under Article 45(3) PPWR?

An EPR authorised representative is mandatory for one group only: producers under Art. 3(1)(15)(c) and (d) PPWR, in each Member State where they first make packaging or packaged products available other than their own. The first sentence of Art. 45(3) sets the duty in these words.

"A producer referred to in Article 3(1), point (15)(c) and (d), shall appoint, by written mandate, an authorised representative for the extended producer responsibility in each Member State where the producer makes packaging or packaged products available for the first time, other than the Member State where the producer is established."

The Regulation has been in force since 11 February 2025, and Art. 45(3) applies from 12 August 2026, one of the PPWR application dates.

Producers selling directly to end users in another Member State

A manufacturer, importer or distributor is the producer in another Member State under Art. 3(1)(15)(c) and (d) PPWR when it makes packaging or packaged products available there for the first time directly to end users, whether it is established in a Member State or a third country. Point (c) covers transport, service and primary production packaging. Point (d) covers packaged products in other packaging. Distance sales count: the definition applies irrespective of the selling technique used, including by means of distance contracts.

Each packaging unit has one producer in a Member State (recital 122 PPWR). The duty arises separately in every Member State of first making available other than the producer's own, so a producer established in France that sells directly to consumers in Germany, Italy and Spain appoints three EPR authorised representatives. The five producer cases are explained under who is the producer under the PPWR.

Does every non-EU company need an EPR authorised representative?

No: under EU law the duty binds only third-country producers that sell directly to end users in a Member State, and each Member State may decide to require an EPR authorised representative from other producers established in third countries. That option is the second sentence of Art. 45(3) PPWR, and Germany uses it.

A third-country company that sells only to businesses in the EU is not the producer of that packaging: the EU importer or distributor that first makes it available is, and the importer is by definition established in the Union (Art. 3(1)(17) PPWR). This page covers the EU rule only. What the EU importer must check is set out in the PPWR obligations of importers.

Are micro-enterprises and small sellers exempt?

No: Art. 45(3) PPWR contains no size or volume threshold, and the Commission's PPWR FAQ (non-binding), section XVIII, states that there is no general micro-enterprise exemption from EPR. The duty attaches to the producer role under points (c) and (d), not to the size of the company.

Relief for small sellers exists only as a proposal: COM(2025) 982 would suspend Art. 45(3) altogether, and it is not adopted as of 24 October 2026. Relief that does exist in the Regulation is listed under PPWR rules for micro-enterprises.

What happens if a producer sells without one?

A producer that sells without a required EPR authorised representative breaches Art. 45(3) PPWR, and the register rules add a sales stop: packaging may not be made available or unpacked in a Member State unless the producer or its authorised representative is registered there (Art. 44(4)). Distributors verify before making packaging available that the producer is registered in the Art. 44 register (Art. 19(2)(a)). Registration data include the authorised representative's details (Annex IX, Part A, point 1).

Member States lay down the penalty rules and notify them by 12 February 2027 (Art. 68(1) and (3)); the PPWR itself sets no fine amount. How the national rules are enforced is covered under PPWR penalties and market surveillance.

What Does the Written Mandate of an EPR Authorised Representative Cover?

The PPWR requires the appointment to be made by written mandate but prescribes no minimum content for it, so the mandate defines which of the producer's Chapter VIII obligations the representative fulfils, within what national law allows. The outer limit is the definition itself: the representative fulfils the producer's obligations under Chapter VIII (Art. 3(1)(20)), which include registration and reporting under Art. 44 and the EPR obligations of Art. 45.

National law adds form requirements. Germany allows one EPR authorised representative per producer and requires a written power of attorney in German (VerpackDG § 5(4)). Where a producer responsibility organisation (PRO) handles the obligations, it keeps data attributable to individual producers or their authorised representatives confidential (Art. 46(3) PPWR).

Can the EPR authorised representative register and report for the producer?

Only where the Member State allows it: Art. 44(3) PPWR lets each Member State provide that the registration and reporting obligations of Art. 44 may be met by the EPR authorised representative on the basis of a written mandate. Registration is due in each Member State where packaging is first made available or unpacked (Art. 44(2)). Who registers and what they file is covered under PPWR producer registration and reporting.

Annex IX, Part A, point 1, lists the authorised representative's details among the registration data. Reports are due by 1 June for the preceding calendar year (Art. 44(7)), with a simplified report for producers below 10 tonnes of packaging per calendar year in a Member State (Art. 44(8)). National law decides whether the producer, the EPR authorised representative or the PRO files them. The register-format implementing act under Art. 44(14) was due by 12 February 2026 and is not adopted as of 24 October 2026.

Germany keeps registration personal: the EPR authorised representative cannot register for the producer, LUCID registration and data reports stay the producer's own duty, and the Zentrale Stelle Verpackungsregister confirms the naming of the representative. In Germany the producer registers itself in the LUCID packaging register.

Can an online platform act as the EPR authorised representative?

Only if the producer appoints it as such: under Art. 45(4) PPWR an online platform collects the producer's registration information and self-certification and may pay EPR fees on written mandate, but registration and reporting stay with the producer, its PRO or its authorised representative unless the platform is appointed authorised representative. That limit comes from the Commission's PPWR FAQ (non-binding), section XVIII.

The platforms concerned are those under Section 4 of the Digital Services Act (Art. 45(4)(a) and (b)). The platform checks are covered under online marketplaces and fulfilment service providers under the PPWR.

How Do Member States Apply the EPR Authorised Representative Rule?

Germany applies both sentences of Art. 45(3) PPWR: since 12 August 2026 VerpackDG § 5(2) requires every producer without a German establishment that falls under either sentence to name an EPR authorised representative before first making packaging available in Germany, with no exemption.

One producer names only one representative, by written power of attorney in German (§ 5(4)). The rest of the German packaging law is summarised under PPWR in Germany.

The table below lists the national rules on the EPR authorised representative verified for six Member States as of 24 October 2026.

Registers and national rules of every other state are listed under PPWR in the 27 Member States.

Is the Article 45(3) Authorised Representative Duty Suspended?

No: as of 24 October 2026 Art. 45(3) PPWR applies, because Proposal COM(2025) 982 of 10 December 2025, which would suspend it, has not been adopted and the PPWR has not been amended. The only consolidated version of the Regulation on EUR-Lex is 02025R0040-20250122, and the German duty under VerpackDG § 5(2) applies alongside it under national law.

What would COM(2025) 982 change?

COM(2025) 982 would suspend the application of Art. 45(3) PPWR until 1 January 2035, while letting Member States either require producers established in third countries to appoint an EPR authorised representative or ensure traceability through alternative means. Article 2 of the Commission proposal reads: "The application of Article 45(3) of Regulation (EU) 2025/40 shall be suspended until 1 January 2035". The proposal belongs to the Environmental Omnibus (Omnibus VIII) and touches no other PPWR article.

Recital 4 of the proposal names the burden it targets: the need to "appoint an authorised representative … in up to 26 Member States", which is every Member State except the producer's own. The proposal contains no per-representative cost estimate, and its legislative financial statement shows zero appropriations. Article 1 of the same proposal would suspend Art. 56(3) of the Batteries Regulation (EU) 2023/1542 in the same way, a topic covered on eubatteryregulation.com.

Where does the suspension procedure stand on 24 October 2026?

COM(2025) 982 (procedure 2025/0395(COD)) is at first reading in the European Parliament, with no Council position recorded on the Parliament's legislative observatory as of 24 October 2026. The five recorded stages of the procedure are listed below.

1. 10 December 2025: the Commission presents proposal COM(2025) 982.
2. 11 March 2026: the Parliament's ENVI committee appoints Ingeborg Ter Laak (EPP) as rapporteur.
3. 5 October 2026: ENVI votes on the file, and report A10-0266/2026 is tabled on 9 October 2026.
4. 20 October 2026: the plenary adopts amendments in a partial first-reading vote (T10-0345/2026) and refers the file back to ENVI for interinstitutional negotiations.
5. 24 October 2026: the legislative observatory shows the stage "Awaiting Parliament's position in 1st reading" and lists no Council position.

Art. 45(3) keeps applying until a suspension is adopted and published. COM(2025) 982 is tracked with the other PPWR delegated acts, implementing acts and amending proposals.

How Does the EPR Authorised Representative Fit into Packaging EPR under the PPWR?

The EPR authorised representative is one of six roles in packaging EPR under the PPWR, next to producers, PROs, online platforms, fulfilment service providers and distributors checking registration. The other roles are explained under packaging EPR under the PPWR.

Producer responsibility schemes outside the EU are not covered on this page.

Was there an EPR authorised representative before the PPWR?

Yes: the PPWR builds on Art. 8a(5), third subparagraph, of the Waste Framework Directive 2008/98/EC, and the Single-Use Plastics Directive (EU) 2019/904 already required producers selling its Part E products into another Member State to appoint an authorised representative there (Art. 8(7)). How the two acts interact is compared under PPWR vs the Single-Use Plastics Directive.

Which rules apply to non-EU exporters besides the EPR authorised representative?

Non-EU exporters also meet the product rules through their EU importer, who is established in the Union, and may appoint an optional Art. 17 representative for product compliance.

Where they sell directly to end users, the EPR authorised representative comes on top in each Member State concerned. The full checklist is under PPWR for non-EU exporters.