Sources read on 2026-09-12 · Written by PPWR Connect from the sourced rules; verification 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. Being a producer and being obligated are two different things. A producer (regulation 15) is established in the UK (regulation 4) and performs, in the UK and in the course of business, the functions of one of those classes. The obligations (regulation 25) fall on large and small producers (regulation 23), that is on a producer that meets the size tests of regulation 24 — all of them: more than 25 tonnes of packaging supplied or imported in the UK, and a turnover of more than £1 million. The tonnage is the total for the year, calculated in tonnes to the nearest tonne before the comparison (regulation 24(6)). In a group, count only the group companies established in the UK that supply or import packaging — not the whole international group; a group company can also be a large or small producer through the group rules of Schedule 9 (regulation 23), without meeting the tests on its own figures. Reference years (regulation 24(1), (2) and (5)): for a relevant year Y, the tonnage is the packaging supplied in year Y-2, and the turnover is that of the last financial year that ended before 7 April in year Y-1 for which accounts are available. The gov.uk guidance uses another anchor — for 2026 packaging data, the tonnage supplied in 2025 and the last accounts available before 7 April 2026 — so check the year against both before relying on it. Charities are outside the registration, record-keeping and reporting obligations and the disposal and administration fees (regulation 12, referring to regulation 25, Part 3 and regulation 60) — not outside the obligations of reprocessors and exporters (Part 6); a trading subsidiary that is not itself a charity is not; being non-profit is not in itself an exclusion. | 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. Being a producer and being obligated are two different things. A producer (regulation 15) is established in the UK (regulation 4) and performs, in the UK and in the course of business, the functions of one of those classes. The obligations (regulation 25) fall on large and small producers (regulation 23), that is on a producer that meets the size tests of regulation 24 — all of them: more than 25 tonnes of packaging supplied or imported in the UK, and a turnover of more than £1 million. The tonnage is the total for the year, calculated in tonnes to the nearest tonne before the comparison (regulation 24(6)). In a group, count only the group companies established in the UK that supply or import packaging — not the whole international group; a group company can also be a large or small producer through the group rules of Schedule 9 (regulation 23), without meeting the tests on its own figures. Reference years (regulation 24(1), (2) and (5)): for a relevant year Y, the tonnage is the packaging supplied in year Y-2, and the turnover is that of the last financial year that ended before 7 April in year Y-1 for which accounts are available. The gov.uk guidance uses another anchor — for 2026 packaging data, the tonnage supplied in 2025 and the last accounts available before 7 April 2026 — so check the year against both before relying on it. Charities are outside the registration, record-keeping and reporting obligations and the disposal and administration fees (regulation 12, referring to regulation 25, Part 3 and regulation 60) — not outside the obligations of reprocessors and exporters (Part 6); a trading subsidiary that is not itself a charity is not; being non-profit is not in itself an exclusion.
Being established in the UK is one of the cumulative criteria, and regulation 4 defines it widely: habitually resident in the UK; a registered office, head office or principal place of business in the UK; or a branch or a postal address in the UK — the guidance gives a PO box and a returns address as examples. It is not the tax notion of a permanent establishment, and having no company incorporated in the UK never settles it. Settle that point before concluding the obligation is not yours. If you are indeed not established in the UK, 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, each with its own scope: disposal fees for those that supplied household packaging (regulation 60; 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 (regulation 25(2)). A small producer carries neither, but it still registers and pays the registration fee. 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: paper or board fibres with one or more plastic layers forming a single unit that cannot be separated by hand. It is reported as paper or board if the producer can provide evidence that the plastic layers are not more than 5% of the packaging material by mass (regulation 7(5A)). 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 that is not established in the UK is not the obligated producer; the UK business that imports or supplies the goods is, if it meets the size tests. Establishment is wider than an incorporated company — a branch or a postal address in the UK is enough (regulation 4) — so settle that criterion before concluding.
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 if you are not established in the UK: the pEPR obligation sits with the UK-established business that meets the thresholds. Note that establishment is wider than an incorporated company — a branch or a postal address in the UK, a returns address included, is enough (regulation 4). 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.