PPWR Packaging EPR and Distance Selling: Who Is the Producer, and in Which Member State?
In Which Member State Does a Distance Seller Have Packaging EPR Obligations Under the PPWR?
A distance seller has packaging EPR obligations in each Member State where its packaging is made available for the first time, not only where the seller is established. Under Article 44(2) of Regulation (EU) 2025/40, producers register in each such Member State, and Article 45(1) ties extended producer responsibility to the same territory.
The harder question comes first: who is the producer at all? A brand selling from its webshop, a distributor shipping to a restaurant abroad and a non-EU shop posting parcels do not fall under the same point of Article 3(1)(15). This article reads its five points and the Member State each one designates.
The question is current. EUR-Lex lists a corrigendum to Regulation (EU) 2025/40 dated 18 September 2026 for the Italian version, and the Council draft of that correction concerns exactly points (c) and (d) of Article 3(1)(15), the two points that catch cross-border distance sales.
Key Facts
- Regulation (EU) 2025/40 applies to all packaging, regardless of material, whether household, commercial or industrial, under Article 2(1).
- Under Article 3(1)(15), a producer is defined irrespective of the selling technique used, including by means of distance contracts.
- Under Article 44(2), producers register in each Member State where they make packaging or packaged products available on its territory for the first time.
- Under Article 44(4), producers do not make packaging available for the first time in a Member State where they are not registered.
- The corrigendum of 18 September 2026 to the Italian version, as drafted in Council document ST 12403/26, replaces "consumatori" (consumers) with "utilizzatori finali" (end users) in point (c) of the Italian text of Article 3(1)(15).
- Only the first statement is confirmed by our dated PPWR referential (baseline reviewed 3 October 2026). The others are read on the linked texts and listed under "What does the referential not confirm?".
What Is a Producer Under Article 3(1)(15) of the PPWR?
A producer under Article 3(1)(15) of Regulation (EU) 2025/40 is a manufacturer, importer or distributor to whom one of five situations applies. Points (a) and (b) cover sales within the producer's own Member State. Points (c) and (d) cover sales directly to end users in another Member State. Point (e) covers unpacking.
Points (a) and (c) concern transport, service and primary production packaging. Points (b) and (d) concern products packaged in other packaging. A webshop parcel holds both the product's own packaging and the shipping box. Under Article 3(1)(8), e-commerce packaging is transport packaging used to deliver products sold online or through other distance sales to the end user.
| Point of Article 3(1)(15) | Where the operator is established | What it does | Member State where it is the producer |
|---|---|---|---|
| (a) and (b) | A Member State | Makes packaging or packaged products available for the first time from within that Member State and on that same territory | Its own Member State |
| (c) and (d) | A Member State or a third country | Makes packaging or packaged products available for the first time on the territory of another Member State, directly to end users | The Member State of the end user |
| (e) | A Member State | Unpacks packaged products without being an end user, unless another person is the producer under (a) to (d) | The Member State where it unpacks |
The producer is a separate notion from the manufacturer of Article 3(1)(13), who answers for conformity. Our article on importer obligations and the two chains sets out that distinction for goods entering through an EU importer.
Why Does the Selling Technique Not Change Who Is the Producer?
The selling technique does not change who is the producer because Article 3(1)(15) of Regulation (EU) 2025/40 applies "irrespective of the selling technique used, including by means of distance contracts". A webshop, a marketplace or a catalogue order leads to the same test: where the operator is established, where the packaging is first made available, and to whom.
Under Article 3(1)(14), a distance contract has the meaning given in Article 2(7) of Directive 2011/83/EU. Under Article 3(1)(11), making available on the territory of the Member State is any supply of packaging for distribution, consumption or use on that territory in the course of a commercial activity. The territory of use counts, not the country of the website or the invoice.
What Does "Directly to End Users" Mean for a Distance Seller?
"Directly to end users" in Article 3(1)(15), points (c) and (d), of Regulation (EU) 2025/40 covers consumers and professional end users alike. Under Article 3(1)(23), an end user is a person in the Union who receives a product as a consumer or as a professional end user and does not make that product further available in the form supplied.
A Dutch distributor shipping cleaning products directly to a restaurant in Spain therefore supplies an end user in Spain: the restaurant uses the products and does not resell them.
The Italian text read differently. According to the Council document ST 12403/26 of 2 September 2026, point (c) of the Italian version said "direttamente ai consumatori", directly to consumers, and now reads "direttamente agli utilizzatori finali", directly to end users. Point (d) is aligned in the same way. A corrigendum is a correction of errors in an act already published in the Official Journal. The English text already read "directly to end users".
Who Is the Producer When the Buyer in the Other Member State Resells?
When the buyer in the other Member State resells, the seller is not a producer there under Article 3(1)(15), points (c) and (d), of Regulation (EU) 2025/40, because a reseller is not an end user. Points (a) and (b) do not catch the seller there either: they require first making available within the seller's own Member State.
Take an Italian manufacturer delivering packaged goods to a German wholesaler. The reading most consistent with points (a) and (b) is that the wholesaler, established in Germany and first supplying the goods from within German territory, is the producer in Germany. The Regulation does not state this case in so many words. Agree in writing who registers and declares, and check the practice of the national register.
The same logic catches the unpacker. Under point (e), an operator established in a Member State that unpacks packaged products without being an end user is the producer, unless another person is the producer under points (a) to (d).
Which Obligations Follow in Each Member State of First Making Available?
In each Member State of first making available, the producer under Article 3(1)(15) of Regulation (EU) 2025/40 registers under Article 44(2), reports packaging data under Article 44(7) or 44(8), and carries extended producer responsibility under Article 45(1). Under Article 44(4), the producer does not make packaging available there before registration.
- Registration. Under Article 44(2), the producer applies to the register of each such Member State. Under Article 44(11)(b), the authority grants registration within twelve weeks of complete information.
- Annual data. Under Article 44(7), the producer submits the information of Part B, point 1, of Annex IX by 1 June for each full preceding calendar year.
- Below 10 tonnes. Under Article 44(8), a producer that made less than 10 tonnes of packaging available for the first time on the territory of the Member State in a calendar year submits the information of Part B, point 2, instead. The threshold is counted per Member State and changes the data reported, not the duty to register.
- Extended producer responsibility. Under Article 45(1), producers have extended producer responsibility under the national schemes for the packaging they make available for the first time on the territory of a Member State.
- Producer responsibility organisation. Under Article 46(1), producers may entrust an authorised producer responsibility organisation with their obligations, which then meets the registration obligations under Article 44(2) unless the Member State specifies otherwise.
One more obligation follows from points (c) and (d) only. Under Article 45(3), such a producer appoints an authorised representative for the extended producer responsibility in each Member State of first making available other than its own; Commission proposal COM(2025) 982 would suspend the application of Article 45(3) until 1 January 2035, while Member States could still require a representative from producers established in third countries; a proposal does not change the published text. The names, thresholds and fees of each national register are national law; our guide to producer registration across EU markets lists what is known per country.
How Does the Rule Apply in Six Common Selling Cases?
The Member State of the obligation under Article 3(1)(15) of Regulation (EU) 2025/40 follows from three facts: where the seller is established, where the packaging is first made available, and whether the recipient is an end user. The six cases below apply that test; the companies are illustrative.
| Case | Point of Article 3(1)(15) | Producer, and where |
|---|---|---|
| A French brand sells from its webshop to consumers in France | (a) for the shipping box, (b) for the product packaging | The brand, in France |
| The same brand ships webshop orders to consumers in Belgium | (c) and (d) | The brand, in Belgium, for the Belgian parcels |
| A shop established in a third country posts parcels to consumers in Germany | (c) and (d) | The shop, in Germany |
| A Dutch distributor ships cleaning products to a restaurant in Spain | (c) and (d), the restaurant being a professional end user | The distributor, in Spain |
| An Italian manufacturer delivers pallets to a German wholesaler that resells | Not (c) or (d): the wholesaler is not an end user | Read as the wholesaler, in Germany (not stated by the text, see above) |
| A Polish importer brings goods from a third country and sells them in Poland | (a) and (b) | The importer, in Poland |
One seller can sit in several rows. A brand serving its home market, shipping to consumers in three other Member States and supplying a reseller in a fifth holds four registrations. Our PPWR checklist, role by role places these obligations next to the conformity duties of each role.
What Changes When a Marketplace or a Fulfilment Service Provider Is Involved?
A marketplace does not move the Member State of the obligation: the producer remains the operator designated by Article 3(1)(15) of Regulation (EU) 2025/40. Under Article 45(4), online platforms that allow consumers to conclude distance contracts obtain the producer's registration in the consumer's Member State before letting the producer use their services.
Under Article 45(4), the platform also obtains a self-certification that EPR requirements are met in that Member State. Under Article 45(7) and (8), producers give fulfilment service providers the same information, which those providers make best efforts to check. Both checks are made per Member State of the consumer. See our article on online marketplaces and distance sellers.
What Does the Referential Not Confirm?
Our dated PPWR referential (baseline reviewed 3 October 2026) confirms the scope statement of Article 2(1). Its claim check returned no match for the following statements, which are read on the Official Journal text or on the linked documents and are presented as such.
- Article 3(1), points (8), (11), (13), (14), (15) and (23), as phrased here; Articles 44(2), 44(4), 44(7), 44(8) and 44(11)(b); Article 45(1), (3), (4), (7) and (8); Article 46(1).
- The reading that the reseller, not the cross-border seller, is the producer in the Member State of the reseller. The Regulation does not state this case, and national registers may apply their own practice.
- The Italian correction as worded in Council document ST 12403/26 of 2 September 2026. The corrigendum of 18 September 2026 is listed on EUR-Lex, but its full text could not be opened from our environment.
- The content and status of Commission proposal COM(2025) 982, and any national use of the second subparagraph of Article 45(3).
Frequently Asked Questions
Does a seller below 10 tonnes in a Member State still register there?
Yes, as read on the text. Article 44(2) of Regulation (EU) 2025/40 sets no quantity threshold for registration. The 10-tonne threshold of Article 44(8) concerns the information reported each year, and Article 44(8) lets a Member State set a lower threshold for a given calendar year.
Is the seller still a producer in its own Member State when it sells abroad?
For the packaging it makes available at home, yes, under points (a) and (b). For the parcels shipped directly to end users in another Member State, the producer obligations arise in that other Member State under points (c) and (d). The text ties each obligation to the Member State where the packaging is first made available.
How PPWR Connect Helps
PPWR Connect is software: it is not an authorised representative, a producer responsibility organisation or a legal adviser, and it does not register producers. Markets are jurisdictions: a SKU is recorded with the markets it is sold in, registrations, volumes and the EPR matrix follow, and a per-market obligation profile answers "who is the producer" per jurisdiction. EPR declarations record what they were computed from, and past declaration runs are kept. The Academy course "EPR in the EU: PPWR Rules and National Schemes" covers the national schemes. Start with our PPWR compliance software or the PPWR readiness assessment.
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Rutherford (rutherford.fr) develops production control software for offset printers and converters, including ColorLoop. Veoria (veoria.com) develops inline colour measurement for label and packaging presses, including DeltaOne.