We sell to several countries without packaging EPR

Extended producer responsibility for packaging is organised country by country. Under the Packaging and Packaging Waste Regulation (EU) 2025/40, producers have extended producer responsibility, under schemes established in line with Articles 8 and 8a of Directive 2008/98/EC, for the packaging they make available for the first time on the territory of a Member State or unpack without being end users (Article 45(1)). Their financial contributions also cover the labelling of waste receptacles and certain compositional surveys (Article 45(2)).^[1]

Registration comes first. Each Member State sets up a national register within 18 months of the first implementing act on its format (Article 44(1)), and producers register in each Member State where they make packaging or packaged products available for the first time (Article 44(2)). The application contains the information in Annex IX, Part A (Article 44(5)). The competent authority receives applications electronically and grants a registration number within twelve weeks of a complete application (Article 44(11)(a) and (b)). Until a Member State's register under Article 44 is in place, how producers register in the meantime is a matter for that Member State; ask its competent authority.^[1]

Selling across borders adds a representative. A producer that makes packaging available directly to end users in another Member State, whether it is established in the EU or in a third country (Article 3(1), point (15)(c) and (d)), appoints by written mandate an authorised representative for extended producer responsibility in each Member State where it sells but is not established (Article 45(3)). A Commission proposal of 10 December 2025 (COM(2025) 982) would suspend this obligation until 1 January 2035; as of 4 October 2026 EUR-Lex lists it as a proposal only, so Article 45(3) applies as written. Member States may let that representative register on the producer's behalf (Article 44(3)). Where a producer has entrusted a producer responsibility organisation with its obligations, the organisation meets the registration obligations, unless the Member State provides otherwise (Article 44(2)).^[1]

Reporting is yearly. By 1 June, the producer, its representative or its producer responsibility organisation submits the information in Annex IX, Part B, point 1, for the preceding calendar year; producers under 10 tonnes in a Member State submit point 2 instead (Article 44(7) and (8)). Changes and cessation are notified without undue delay (Article 44(12)).^[1]

Online channels check the result. Online platforms within the scope of the Digital Services Act's trader rules (Section 4 of its Chapter III, from which micro and small platforms are exempt unless designated as very large) that let consumers conclude distance contracts with producers obtain the registration number in the consumer's Member State and a self-certification before allowing the producer to use their services (Article 45(4)), and fulfilment service providers make best efforts to check the same information (Article 45(7) and (8)). Before the regulation, Directive 94/62/EC already required Member States to have extended producer responsibility schemes for all packaging by 31 December 2024 (Article 7(2)); that directive is repealed with effect from 12 August 2026, with listed exceptions (PPWR Article 70(1)).^[1][2]