What Article 45 requires
Producers bear extended producer responsibility under the schemes established in Articles 43 and 45 to 47. The authorised representative for EPR is paragraph 3 of this article, and its scope is narrower than it is usually reported: only a producer within Article 3(1), point (15)(c) or (d) — one selling across a border DIRECTLY to end users — must appoint one, by written mandate, in each Member State of first making available other than the one where it is established. For other producers established in third countries the second subparagraph leaves each Member State free to require one or not, so "every non-established producer must appoint a representative" is false as a matter of Union law (baseline resolved.eprDefinitions, resolved.articleTitlesEpr). Distinct from the voluntary conformity mandate of Article 17. COM(2025) 982 would suspend Article 45(3) until 2035, but it is a PROPOSAL pending in committee — it does not move the 12 August 2026 date, and the Parliament's draft report would keep the obligation for third-country producers.
When Article 45 applies
One line per dated paragraph. Applies — the date has passed. Firm — written in the regulation, nothing in the pipeline can push it back. Conditional — a floor: the obligation starts on that date, or a set number of months after the act it waits on enters into force, whichever is later.
| Paragraph | Date | What starts | Status |
|---|---|---|---|
| Art. 45 | Extended producer responsibility | Applies |
Related articles
Read the text
Article 45 on EUR-Lex · Regulation (EU) 2025/40, full text
Legal review of 2026-09-02
Each date above is a literal read from the regulation or the Commission guidance, never derived by arithmetic from entry into force. A date present in the reference with no entry in the catalogue fails our build.