Sources read on 2026-09-12 · Written by PPWR Connect from the sourced rules; legal review pending.
At a glance — four cascades
| Jurisdiction | Regime | Who is the obligated producer | Verified |
|---|---|---|---|
| European Union (27) | Regulation (EU) 2025/40, Article 3(1)(15) + national registers (Article 44) | The manufacturer, importer or distributor established in a Member State that first makes packaged goods available on that Member State’s market; for cross-border distance sales to end users, the seller through an authorised representative (Article 45(3)). | OJ text |
| United Kingdom | UK pEPR | Qualification depends on the activity and the packaging, not on a single linear cascade. Activities in the regulations: supplying filled packaging under your own brand; packing or filling; importing filled packaging; supplying unfilled packaging; hiring or loaning reusable packaging; owning an online marketplace through which packaging is supplied into the UK from outside; selling filled packaging to the end user. All three criteria must be met: established in the UK, more than 25 tonnes of packaging supplied or imported in the UK, and a turnover of more than £1 million. In a group, count only the group companies established in the UK that supply or import packaging — not the whole international group. Reference years: for the 2026 obligation, the tonnage is the 2025 data and the turnover comes from the latest accounts available before 7 April 2026. Charities are exempt from the obligations concerned (SI 2025/1369), but not their commercial subsidiaries; being non-profit is not in itself an exemption. | 2026-08-23 |
| California | US state law (SB 54) — one PRO | The brand owner or licensee first, then the importer or distributor in California; no residence condition — a foreign brand owner can be the producer (secondary source). | 2026-09-12 |
| Ontario | Canadian province (Ontario) | Hierarchy of O. Reg. 391/21: brand holder resident in Canada → importer resident in Ontario → retailer supplying Ontario consumers → marketplace facilitator → franchisor (RPRA). | 2026-09-12 |
The EU cascade — one test per Member State
The definition is per country: the same company can be the producer in France, where it has a subsidiary that first places the goods, and not in Germany, where its distributor does. Article 44 then requires registration in every Member State where you are that producer.
How the representative works is national: in France the authorised-representative regime targets sellers outside the EU (non_eu_only); in Germany registration cannot be delegated at all (self_only). Our jurisdiction pages carry each Member State’s answer.
The UK cascade — the obligation moves, it is not delegated
Qualification depends on the activity and the packaging, not on a single linear cascade. Activities in the regulations: supplying filled packaging under your own brand; packing or filling; importing filled packaging; supplying unfilled packaging; hiring or loaning reusable packaging; owning an online marketplace through which packaging is supplied into the UK from outside; selling filled packaging to the end user. All three criteria must be met: established in the UK, more than 25 tonnes of packaging supplied or imported in the UK, and a turnover of more than £1 million. In a group, count only the group companies established in the UK that supply or import packaging — not the whole international group. Reference years: for the 2026 obligation, the tonnage is the 2025 data and the turnover comes from the latest accounts available before 7 April 2026. Charities are exempt from the obligations concerned (SI 2025/1369), but not their commercial subsidiaries; being non-profit is not in itself an exemption.
Being established in the UK is one of the criteria. Without a UK entity, check separately who may be obligated: the UK importer or first UK owner, or the online marketplace operator — their activity, their size and the packaging concerned. A direct sale from abroad does not create an obligated UK importer, and a contract organises tasks between the parties but does not designate the obligated party for the regulator. Two separate obligations for large producers: disposal fees (first fee year 2025-26, first invoices October 2025, modulated by the Recyclability Assessment Methodology from 2026-27 — RAM 1.1 for packaging supplied in 2026, RAM 2027 for 2027, with no automatic conversion from an A/B/C grade) and recycling obligations evidenced by PRN/PERN. RAM assessment is not required of every small producer. Household / non-household: primary and shipment packaging are presumed household unless the conditions and evidence for non-household are met; a B2B channel alone is not enough. Fibre-based composite packaging with plastic layers of no more than 5% by weight is reported as paper or card, with evidence (SI 2025/1369). Civil sanctions and offences exist; they depend on the breach and the authority, and are not automatic. There is no authorised-representative regime: an EU exporter without a UK entity is not the obligated producer; the UK business that imports or supplies the goods is, if it meets the size tests.
The US cascade — brand owner first
The brand owner or licensee first, then the importer or distributor in California; no residence condition — a foreign brand owner can be the producer (secondary source).
This is the trap for EU exporters: a residence condition that does not exist. Selling under your own brand into California can make you the producer even without a US entity — then the importer, then the distributor. Each state with a law has its own text; the thresholds are per state and the small-producer exemptions are on revenue and, in some states, tonnage.
The Canadian cascade — resident brand holder, then resident importer
Hierarchy of O. Reg. 391/21: brand holder resident in Canada → importer resident in Ontario → retailer supplying Ontario consumers → marketplace facilitator → franchisor (RPRA).
Provinces regulate separately. A brand sold across Canada can meet several definitions, and the marketplace may carry the obligation for non-resident sellers where the province says so.
What to do with the answer
- Name the jurisdiction, not the country, when the scheme is sub-national (a US state, a Canadian province).
- Fix in the contract with your importer or distributor who registers and who declares — the law names one party, the contract can make the other deliver the data.
- Keep one packaging record per unit; every party that registers needs the same components, materials, weights and units placed.
Five questions
- I sell online from France to consumers in Germany. Who is the producer?
- For cross-border distance sales to end users, Article 45(3) of the PPWR requires an authorised representative in the Member State of the consumer; in Germany the LUCID registration itself cannot be delegated, so the arrangement follows German law. Check the German entry before acting.
- I export to the UK through a UK distributor. Am I obligated?
- Not as a non-UK company: the pEPR obligation sits with the UK-established business that meets the thresholds. Agree in the contract who reports and give them the packaging data.
- I ship to California from Europe under my brand, with no US entity. Am I the producer?
- Under SB 54 the brand owner is the producer without a residence condition, subject to the small-producer exemptions; verify the current CalRecycle guidance and the PRO’s registration rules.
- Does an authorised representative exist in the US or Canada?
- No — not in the EU sense. The obligation moves to another party (importer, distributor, marketplace) or stays with the brand owner; it is not delegated to a representative.
- Where does the definition come from on this page?
- From the official sources listed below, read on the date shown, and kept in our jurisdiction table with their verification date. An entry nobody has read says « unknown ».
Primary sources
What the sourced rules imply — an indication provided for information, not legal advice. Rules change every year: verify with the official register before acting.