PPWR Authorised Representative: Who Needs One

What Is an Authorised Representative Under the PPWR?

The EU Packaging and Packaging Waste Regulation -- Regulation (EU) 2025/40 -- introduces a formal requirement for authorised representatives (ARs) to handle Extended Producer Responsibility (EPR) obligations on behalf of packaging producers. This is not new in concept -- the WEEE Directive and Battery Regulation have similar mechanisms -- but the PPWR extends it specifically to packaging EPR across all 27 Member States.

An authorised representative is a natural or legal person established in a Member State who has been appointed by a producer, through a written mandate, to fulfil that producer's EPR obligations in that specific Member State. The AR acts as the producer's local presence for regulatory purposes.

This guide explains exactly who needs an AR, what the AR does, how to appoint one, what it costs, and how a pending legislative proposal might change the rules for EU-based companies.

The Legal Basis: Article 45(3)

The core obligation sits in Article 45(3) of Regulation (EU) 2025/40:

A producer shall appoint, by written mandate, an authorised representative for extended producer responsibility in each Member State where the producer makes packaging available for the first time, other than the Member State where the producer is established.

This means: if you are a producer who places packaging on the market in a Member State where you are not established, you need an authorised representative in that Member State.

The word "established" is critical. A German company selling packaged goods in France is not established in France. A Chinese company selling on Amazon to German consumers is not established in Germany -- or anywhere in the EU. Both need ARs, but through different mechanisms and with different implications.

Who Needs an Authorised Representative?

Non-EU sellers shipping directly to EU consumers

This is the clearest case. If your company is based outside the EU and you sell products to EU consumers -- whether through your own website, Amazon, eBay, Etsy, or any other channel -- you are a producer under the PPWR and you need an authorised representative in every Member State where your products arrive.

There is no threshold or exemption for small volumes. If you ship one package to a consumer in France, you technically need EPR registration in France, and since you are not established in France (or anywhere in the EU), you need an AR to handle that registration.

In practice, most non-EU sellers focus on the Member States where they have significant sales volumes: Germany, France, Italy, Spain, and the Netherlands typically cover 80% or more of EU e-commerce.

EU-based companies selling cross-border

This is where things get more complicated -- and where a pending legislative proposal creates uncertainty.

Under the current text of Article 45(3), an EU-based company selling into another Member State also needs an AR in that Member State. A German company selling to French consumers needs a French AR. An Italian company selling on Amazon.de needs a German AR.

However, the European Commission published proposals COM(2025) 982 and COM(2025) 983 that would suspend this cross-border AR obligation for EU-based producers until 2035. This suspension is intended to reduce administrative burden on EU companies operating within the single market.

Critical distinction: The proposed suspension explicitly does not apply to non-EU producers. If you are based outside the EU, you need an AR regardless of whether COM(2025) 982/983 is adopted.

Important caveat: COM(2025) 982/983 is a legislative proposal, not adopted law. It must pass through the European Parliament and Council before becoming binding. As of March 2026, this process is ongoing. Until the proposal is formally adopted and published, the original Article 45(3) obligation stands for all producers, including EU-based ones.

Amazon, eBay, and marketplace sellers

Article 45(4) adds a practical enforcement layer: online marketplaces must verify that sellers have valid EPR registration before allowing them to sell packaging or packaged goods on their platform. This applies to marketplaces operating in the EU regardless of where the seller is based.

In practice, this means Amazon, eBay, Etsy, and other platforms will require proof of EPR registration in each Member State where you sell. If you do not have an AR to handle your registration, the marketplace may suspend your listings.

Amazon already enforces EPR registration verification for Germany (LUCID number required), France (Citeo registration), and other markets. The PPWR standardises this requirement across all 27 Member States and gives it direct regulatory backing.

Who does NOT need an AR?

You do not need an authorised representative if you only sell packaging or packaged goods in the Member State where your company is established. A French company selling only in France handles its own EPR registration directly with the French system -- no AR needed.

You also do not need a separate AR if you already have a local legal entity in the target Member State. If your German company has a French subsidiary, the French subsidiary can handle French EPR registration directly.

What Does the Authorised Representative Actually Do?

The AR's role is defined by the written mandate and the obligations in the PPWR. In practice, an AR handles four main tasks:

1. EPR registration (Article 44)

The AR registers the producer with the national packaging register in the relevant Member State. In Germany, this means registration with LUCID (the Central Agency Packaging Register). In France, it means registration with SYDEREP. In Italy, with CONAI. Each Member State has its own register and registration process.

2. Reporting packaging quantities

The AR reports the quantities and types of packaging that the producer has placed on the market in that Member State. These reports are typically filed annually but may be required quarterly in some jurisdictions. The data includes packaging material types, weights, and quantities.

3. Paying EPR fees through a PRO

The AR pays Extended Producer Responsibility fees on behalf of the producer, typically through a Producer Responsibility Organisation (PRO). In Germany, the main PROs include Der Grune Punkt (Duales System Deutschland), BellandVision, Interseroh, and Reclay. In France, Citeo is the dominant PRO. Each Member State has its own PRO landscape.

EPR fees vary by material type and weight. Plastic packaging typically costs more per kilogram than paper or glass. The PPWR's eco-modulation provisions (Article 46) will further differentiate fees based on recyclability grades, rewarding producers who use easily recyclable packaging.

4. Serving as contact for market surveillance authorities

The AR acts as the local point of contact for national market surveillance authorities. If authorities have questions about a producer's packaging compliance, they contact the AR. If there is a recall or compliance issue, the AR coordinates the response.

This contact function is important because market surveillance authorities operate nationally. A French authority cannot easily contact a Chinese producer or even a German company. The AR bridges this gap.

How to Appoint an Authorised Representative

The written mandate requirement

Article 45(3) requires a written mandate between the producer and the AR. This is not a casual arrangement -- it is a formal document that specifies:

The identity of the producer and the AR
The Member State(s) covered
The specific EPR obligations the AR will fulfil
The duration of the mandate
The conditions for termination

The mandate must be kept available for inspection by market surveillance authorities. Both the producer and the AR should retain copies.

Choosing an AR service provider

Several types of organisations offer AR services:

Specialised compliance service providers such as ecosistant, Lizenzero (by Interseroh), and Deutsche Recycling focus specifically on packaging compliance. They typically offer AR services bundled with EPR registration, reporting, and PRO contract management.

PROs that offer AR services -- some Producer Responsibility Organisations also act as authorised representatives, combining the AR function with the collection and recycling service.

Law firms and consultancies -- some firms offer AR services as part of broader regulatory compliance packages, particularly for non-EU companies entering the EU market.

When choosing an AR, consider: coverage (how many Member States they operate in), bundled services (do they also handle reporting and PRO contracts), language support, and track record with the specific national registers you need.

One AR per Member State

You need a separate AR appointment for each Member State where you sell, although the same service provider can act as your AR in multiple Member States. Many compliance service providers offer multi-country packages specifically for this reason.

The main markets most sellers need to cover:

Germany: Registration with LUCID, contract with a PRO (dual system)
France: Registration with SYDEREP, contract with Citeo or another PRO
Italy: Registration with CONAI
Spain: Registration with Ecoembes or another PRO
Austria: Registration with ERA, contract with ARA or another PRO

What Does It Cost?

AR service costs vary by provider, country, and the complexity of your packaging portfolio. Based on current market rates:

Per-country AR fees: Typically EUR 200--500 per country per year for the AR mandate and basic registration service. This covers maintaining the registration, filing basic reports, and serving as the authority contact.

EPR fees (separate from AR fees): These are the actual fees paid to the PRO for packaging collection and recycling. EPR fees depend on the quantity and type of packaging you place on the market. A small e-commerce seller placing 1,000 kg of cardboard packaging on the German market might pay EUR 100--300 per year in EPR fees. A larger seller with plastic packaging pays proportionally more.

Multi-country packages: Many providers offer discounted rates for bundling multiple countries. A five-country package covering Germany, France, Italy, Spain, and Austria might cost EUR 800--2,000 per year for AR services alone, depending on the provider and service level.

Setup fees: Some providers charge one-time setup fees of EUR 100--300 per country for initial registration.

These costs are modest compared to the penalties for non-compliance. Germany alone can impose fines up to EUR 200,000 for EPR violations under the VerpackG, and the PPWR requires all Member States to establish "effective, proportionate, and dissuasive" penalties.

The COM(2025) 982/983 Proposal: What Might Change

In 2025, the European Commission published proposals COM(2025) 982 and COM(2025) 983 that would modify the AR obligation for EU-based producers. The key proposed change:

EU-based producers would be exempt from appointing ARs in other Member States until 2035. This means a German company selling to French consumers would not need a French AR until 2035, giving the Commission time to develop a simplified cross-border EPR system.

What is confirmed

The proposal exists and has been published by the Commission
It explicitly excludes non-EU producers from the suspension
It sets 2035 as the date when the full AR obligation would apply to EU-based producers
The suspension is intended to reduce administrative burden while a harmonised EU-wide system is developed

What is NOT confirmed

The proposal has not been adopted -- it is still in the legislative process
The European Parliament and Council may amend, delay, or reject the proposal
The final text may differ from the Commission's proposal
The timeline for adoption is uncertain

Practical advice

If you are an EU-based company, do not assume the suspension will be adopted. Plan for the current obligation under Article 45(3) and treat any suspension as a potential bonus, not a certainty. If the proposal is adopted, you can scale back your AR arrangements. If it is not adopted, you will need ARs in place.

If you are a non-EU company, the proposal does not affect you. You need ARs regardless.

Common Mistakes to Avoid

1. Assuming marketplace EPR covers you. Amazon's EPR programme in Germany (the LUCID requirement) does not replace your obligation to have an AR if you are not established in Germany. The marketplace verifies your registration; it does not create it for you.

2. Confusing the AR with a fiscal representative. A VAT fiscal representative and a packaging AR are different roles with different legal bases. Having a VAT representative in France does not satisfy the PPWR AR requirement.

3. Ignoring smaller markets. If you sell even small quantities to consumers in Austria, Belgium, or the Netherlands, you technically need EPR registration and potentially an AR in those markets. Prioritise by volume, but do not ignore the obligation entirely.

4. Waiting for COM(2025) 982/983. If you are an EU-based company, waiting for the proposal to be adopted before taking action is risky. The legislative process is unpredictable, and non-compliance penalties apply regardless of pending proposals.

5. Not keeping mandate documentation. Market surveillance authorities can request proof of the AR mandate. If you cannot produce the written mandate, your AR arrangement may be considered invalid.

Step-by-Step: Getting Your AR in Place

Identify your target markets. List every EU Member State where you sell or plan to sell packaging or packaged goods.
Determine your status. Are you established in the EU? If yes, which Member State? If no, you need ARs in all target markets.
Request quotes from AR providers. Contact 2--3 providers that cover your target markets. Ask about per-country fees, bundled packages, and what is included (registration, reporting, PRO contracts).
Execute written mandates. Once you select a provider, formalise the AR relationship with written mandates for each Member State.
Complete EPR registration. Your AR will register you with the national packaging register in each relevant Member State. Keep the registration numbers -- you will need them for marketplace verification and compliance documentation.
Report and pay. Establish a reporting schedule with your AR. Provide accurate packaging quantity data. Your AR will file reports and arrange EPR fee payments through the relevant PROs.
Monitor and maintain. EPR registrations need annual renewal and reporting. Set calendar reminders and keep your AR informed of changes to your packaging volumes or materials.

Start Now, Not Later

The PPWR's general application date of 12 August 2026 is approaching. If you sell to EU consumers and do not yet have ARs and EPR registrations in place, the time to act is now. Registration processes can take weeks, and marketplace platforms may suspend sellers who cannot demonstrate compliance.

Start your PPWR compliance check now to identify which Member States require an authorised representative for your business and get a clear action plan.