PPWR Importer Obligations: Non-EU Manufacturer, EU Importer, Two Separate Chains
Who Carries the PPWR Obligations on Packaging Exported to the EU by a Non-EU Company?
Two operators, two chains. The non-EU manufacturer draws up the declaration of conformity under Article 15 and the EU importer verifies and keeps that declaration under Article 18. For extended producer responsibility, the producer is the operator established in the Member State that first makes the goods available, under Article 3(1)(15); a non-EU seller carries that role when selling directly to end users.
Five companies outside the European Union wrote to us in the thirty days to 2 September 2026 with the same question in five forms: a Chilean fresh-fruit exporter (2 September), a US apparel group asking for "EPR registration and reporting" (2 September), a multi-brand consumer-products company with US and EU operations (22 August), a Korean cosmetics manufacturer with 58 products (20 August) and a UK micro-business with eight products (19 August). Behind all five sits one question: which obligations of Regulation (EU) 2025/40 belong to the exporter, and which to the company that brings the goods into the Union?
Key Facts
- Regulation (EU) 2025/40 applies to all packaging, regardless of material, whether household, commercial or industrial, under Article 2(1); imported packaging is not a separate category.
- Under Article 6(1), all packaging placed on the market shall be recyclable, an obligation that has applied since 12 August 2026, transport packaging included.
- The EU declaration of conformity follows the model of Annex VIII, under Article 39(2).
- Under Article 5(5), food-contact packaging containing PFAS above the thresholds has been prohibited from being placed on the market since 12 August 2026.
- The four statements above are confirmed by our dated PPWR referential (baseline reviewed 3 September 2026). The operator chain of Articles 15 to 21 and the producer rules of Articles 44 and 45 are not vouched by that referential: every sentence about them links the provision it is read from, and the section "What does the referential not confirm?" lists them.
What Is the Difference Between a Manufacturer, an Importer and a Producer Under the PPWR?
A manufacturer is the operator that manufactures packaging or a packaged product, or has it designed or manufactured under its own name or trademark, under Article 3(1)(13). An importer is an operator established in the Union that places packaging or a packaged product from a third country on the Union market, under Article 3(1)(17). A producer is the operator that first makes packaging or packaged products available in a Member State, under Article 3(1)(15).
The producer definition of Chapter VIII decides who registers and who pays. In Article 3(1)(15), points (a) and (b), the producer is established in a Member State and makes packaging or packaged products available for the first time on that same territory. In points (c) and (d), the producer is "established in a Member State or in a third country and makes available for the first time on the territory of another Member State, directly to end users". A company outside the Union is therefore a producer under points (c) and (d) only, when the sale goes directly to end users. Our referential returns no match for the three definitions as phrased here; the wording is read on the linked text. See also our article on who the manufacturer is for brand owners.
What Does the EU Importer Have to Verify Before the Goods Are Placed on the Market?
Under Article 18 of Regulation (EU) 2025/40, the importer places on the market only packaging that complies with Articles 5 to 12, checks before placing that the manufacturer has carried out the conformity assessment and drawn up the technical documentation of Annex VII, adds its own name, registered trade name or trademark and postal address, and keeps a copy of the EU declaration of conformity at the disposal of the authorities.
The file the importer checks is the manufacturer's file. Under Article 15, the manufacturer draws up the technical documentation of Annex VII and the EU declaration of conformity on the Annex VIII model of Article 39(2). Under Article 5(6), compliance with the Article 5(4) heavy-metals limit of 100 mg/kg and the Article 5(5) PFAS prohibition is demonstrated in that technical documentation. Our article on the Annex VII technical documentation describes what the file contains. Read on the text of Article 18 and not vouched by our referential: the copy of the declaration is kept for 5 years after the packaging has been placed on the market, and for ten years for reusable packaging. A step-by-step list is in our checklist for importers and distributors.
When Does the Importer or the Distributor Become the Manufacturer?
Under Article 21 of Regulation (EU) 2025/40, an importer or a distributor is treated as the manufacturer, and carries the obligations of Article 15, in two cases: when it places packaging on the market under its own name or trademark, and when it modifies packaging already placed on the market in a way that may affect compliance with the requirements of the Regulation.
For many importers the first case is the default: a retailer selling imported goods under its house brand is the manufacturer of that packaging under Article 21 and draws up Annex VII and Annex VIII itself. The Commission guidance C/2026/3084 of 10 June 2026 is a source of our referential on this point and is cited without being quoted, because the referential does not carry its wording. One adjacent role, read on the linked text: under Article 19, the distributor verifies that the producer is registered in the register of Article 44 and that the manufacturer and the importer have met their labelling and identification duties.
Does a Non-EU Manufacturer Need an Authorised Representative Under Article 17?
No obligation is written in Article 17. Article 17 of Regulation (EU) 2025/40, titled "Authorised representatives", states that a manufacturer may, by written mandate, appoint an authorised representative. The mandate is optional, and it is distinct from the authorised representative for the extended producer responsibility of Article 45(3), who is a different person with a different function.
An authorised representative under Article 17 is a person established in the Union who has received a written mandate from a manufacturer to act on the manufacturer's behalf for specified tasks, under Article 3(1)(19). Read on the text of Article 17, the mandate does not cover the manufacturer's obligation to ensure that the packaging complies with Articles 5 to 12, nor the drawing up of the technical documentation. A software vendor holds neither mandate: PPWR Connect is software, not an authorised representative under Article 17, not an authorised representative for the extended producer responsibility under Article 45(3), not a producer responsibility organisation under Article 46 and not a notified body.
Who Is the Producer for Extended Producer Responsibility When the Goods Enter Through an EU Importer?
The EU importer, in the usual case. Under Article 3(1)(15), points (a) and (b), of Regulation (EU) 2025/40, the producer is the manufacturer, importer or distributor established in a Member State that first makes packaging or packaged products available on that Member State's territory. Article 44(2) then obliges that producer to register in each Member State concerned.
Article 44(2) reads: "Producers shall be obliged to register in the register referred to in paragraph 1 of this Article in each Member State where they make packaging or packaged products available on the territory of the Member State for the first time or where they unpack packaged products without being end users". Article 44(4) adds that producers shall not make packaging or packaged products available for the first time in a Member State if they, or their authorised representatives for the extended producer responsibility, are not registered there. Article 44 has applied since 12 August 2026, the general application date of the Regulation. Both quotations are read on the linked text; the referential's claim check returns no match for the sentences of this section. The name of each national register, its thresholds and its fees are national law, outside the Regulation and outside our referential; our guide to producer registration across EU markets lists what is known per country and what is not.
When Must a Non-EU Company Appoint an Authorised Representative for the Extended Producer Responsibility?
In the cross-border direct-selling case, as far as Regulation (EU) 2025/40 itself is concerned. Under Article 45(3), a producer within Article 3(1)(15), points (c) and (d), appoints by written mandate an authorised representative for the extended producer responsibility in each Member State where it first makes packaging or packaged products available, other than its own Member State of establishment.
The first subparagraph of Article 45(3) reads: "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 second subparagraph lets Member States provide that producers established in third countries shall appoint such a representative when first making packaging or packaged products available on their territory. An authorised representative for the extended producer responsibility is a person established in the Member State of first making available, appointed by written mandate, one per Member State, under Article 3(1)(20).
A Korean cosmetics brand shipping parcels directly to consumers in France is a producer under Article 3(1)(15)(d) and appoints a representative in France; the same brand selling through a French importer is not, under the text of the Regulation. The referential does not confirm either consequence: its claim check returns no match for Article 45(3) or Article 3(1)(20), and the sentence "every non-EU producer must appoint a representative" is not what Article 45(3) says. What a Member State has done with the second subparagraph is national law, not recorded in our referential. Platform-side duties are in our article on online marketplaces and non-EU sellers.
One open point is declared as such. The Commission proposal COM(2025) 982 of 10 December 2025 proposes to suspend the obligation of Article 45(3) until 1 January 2035; as of the referential baseline of 3 September 2026 the proposal is not adopted, and the referential notes that the Parliament seeks to keep the obligation for producers established in third countries. Until an act is published in the Official Journal, Article 45(3) applies as written.
Which Role Applies in Each Export Scenario?
Roles are assigned per packaging and per Member State. The table reads the provisions linked above onto four export set-ups; no row is vouched by our referential, and each is to be confirmed against national rules.
| Scenario | Conformity chain (Chapter IV) | Producer (Chapter VIII) | Representative |
|---|---|---|---|
| Non-EU manufacturer sells to an EU importer under the manufacturer's brand | Manufacturer (Article 15) draws up the file; importer (Article 18) verifies and keeps the declaration | The importer, Article 3(1)(15)(b); registration under Article 44(2) | None required by the text; an Article 17 mandate is optional |
| EU importer or retailer sells the imported goods under its own brand | The importer is the manufacturer under Article 21 and carries Article 15 in full | The importer or retailer, Article 3(1)(15)(b) | None required by the text |
| Non-EU company sells directly to end users in a Member State (distance sales) | Manufacturer (Article 15); fulfilment service provider, where used (Article 20) | The non-EU company, Article 3(1)(15)(c) or (d); registration under Article 44(2) in each Member State | Authorised representative for the extended producer responsibility, Article 45(3), one per Member State |
| Non-EU group imports through its own EU subsidiary | The subsidiary is the importer (Article 18), or the manufacturer (Article 21) if it markets the goods under the group brand | The subsidiary, Article 3(1)(15)(a) or (b), in its Member State | None required by the text |
What Does the Referential Not Confirm?
Our dated PPWR referential (baseline reviewed 3 September 2026) confirms the four Key Facts. Its claim check returned no match for the following statements, which are read on the linked text and presented as such, not as verified facts.
- Articles 15, 18, 19, 20 and 21 as phrased here, the retention periods of 5 years and ten years for reusable packaging, and the definitions of Article 3(1)(13), (15), (17), (19) and (20), two of them quoted from the Official Journal.
- The optional nature and the limits of the Article 17 mandate.
- Article 44(2), Article 44(4) and Article 45(3) as quoted, and the application of Article 44 since 12 August 2026, a date the referential records in its deadline catalogue as the general application date without vouching the sentence.
- The status of COM(2025) 982, recorded as not adopted; and anything about a national register, threshold or fee, none of which is in Regulation (EU) 2025/40 or in the referential.
Frequently Asked Questions
Does the EU importer have to register for extended producer responsibility?
Yes, where the importer is the producer. Under Article 3(1)(15), points (a) and (b), the producer is the operator established in a Member State that first makes packaging or packaged products available there, and Article 44(2) obliges the producer to register in each such Member State. The sentence is read on the text; the referential does not vouch it.
Is a harmonised EU packaging label required on imported goods today?
No. Under Article 12(1) of Regulation (EU) 2025/40, the harmonised material-composition label is due from 12 August 2028, or 24 months after the entry into force of the Article 12(6) and 12(7) implementing acts, whichever is later; the Article 12(6) acts due by 12 August 2026 have not been adopted. The referential confirms this statement.
How PPWR Connect Helps
PPWR Connect keeps the two chains on one packaging reference: its components and materials, the markets it is placed on inside and outside the EU-27, the supplier documents filed as evidence against it, and the EU declaration of conformity generated from that evidence on the Annex VIII model. A non-EU manufacturer can submit its documents through the API and the MCP connector described on the developers page, and every submission waits for a person's acceptance in the EU importer's workspace. The EPR country guide (Professional and Enterprise plans) and the EPR registration wizard (Enterprise plan) support the registration work without replacing the producer, its representative or a producer responsibility organisation. To see which role each of your references puts you in, start with our PPWR compliance software or the PPWR readiness assessment.
What changed in this article since June 2026?
The tense: the June text described the Regulation before its application, and it now applies. Corrected: Article 17 was presented as the article of the representative for extended producer responsibility; it is the optional conformity mandate, and that representative is Article 45(3). Corrected: Article 45(3) covers the producers of Article 3(1)(15)(c) and (d), not every non-EU producer. Withdrawn: a heavy-metals date of 1 January 2026, a ten-day response deadline, laboratory lead-time figures, a recyclability floor presented with a firm date, and nine third-party web sources. Added: Key facts, question headings, the producer definition, Articles 44(2) and 44(4), COM(2025) 982, the scenario table and the section on what the referential does not confirm.
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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.