Is an Authorised Representative Mandatory Under PPWR?
Article 17 makes the conformity representative optional; Article 45(3) makes the EPR one mandatory for cross-border sellers
An authorised representative is optional for EU manufacturers under the new packaging rules, but it is mandatory for cross-border sellers who manage extended producer responsibility in a Member State where they are not established. Both duties take effect on the 12 August 2026 application date of Regulation (EU) 2025/40.
Key takeaways
- Conformity is voluntary: appointing an authorised representative for product conformity under Article 17 is optional for manufacturers.
- EPR is mandatory: cross-border EU sellers must appoint an Extended Producer Responsibility (EPR) representative when selling into Member States where they are not established.
- Third-country rules: non-EU brands face mandatory registration requirements and must verify compliance through importers or local representatives.
- General application: the regulatory compliance deadline is 12 August 2026.
Understanding the two types of authorised representatives under PPWR
The new European packaging rules introduce distinct compliance requirements depending on your brand's role in the supply chain. A common source of confusion for e-commerce operators is that the regulation defines two completely different types of authorised representatives.
- The Article 17 authorised representative: this representative handles product conformity, acting on behalf of the packaging manufacturer to manage administrative duties such as keeping the declaration of conformity and the technical file.
- The Article 45(3) authorised representative for EPR: this representative handles waste management compliance. They are appointed by cross-border producers to manage national register filings, reporting, and recycling fee payments in individual Member States.
To determine if your business is classified as the packaging manufacturer or just a distributor, you can read our guide on who counts as the manufacturer under PPWR to clarify your legal standing.
Voluntary compliance tasks under Article 17
Under Article 17 of the Packaging and Packaging Waste Regulation, any packaging manufacturer has the right to appoint an authorised representative. This representative must be established within the European Union. However, this appointment is entirely voluntary.
If you choose to appoint an Article 17 representative, you must provide them with a clear written mandate. This mandate allows them to perform specific administrative tasks, such as:
- Keeping the EU declaration of conformity and the technical documentation at the disposal of national market surveillance authorities.
- Retaining this information for five years for single-use packaging, or ten years for reusable packaging, after the packaging is placed on the market.
- Cooperating with competent national authorities to remedy cases of non-compliance.
However, the core responsibility cannot be delegated. The mandate cannot include the obligation to draw up the technical documentation itself. The manufacturer always retains sole legal responsibility for ensuring that the packaging satisfies all sustainability and material requirements.
Mandatory appointments for Extended Producer Responsibility
While product conformity representatives are voluntary, Extended Producer Responsibility representatives are often legally required. This obligation applies if your brand fits the definition of a packaging producer. To check if your sales model triggers these producer duties, you can review our breakdown of who needs to register for EPR.
Under Article 45(3) of the packaging regulation, if you supply packaging or packaged products directly to end users (for example, an online store shipping to consumers) in another Member State for the first time, and you are not established there, you must appoint an authorised representative for EPR in that destination country.
"A producer... 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."
Requiring a local representative ensures that national authorities can hold a domestic entity financially and operationally liable for the end-of-life treatment of the packaging. Because each Member State retains its own distinct waste management system, you must manage these appointments country by country.
Non-EU brands and the role of the importer
If your business is based outside the European Union, such as in the United Kingdom, Switzerland, or the United States, and you sell products directly to EU consumers, your compliance route changes.
Under the regulation, Member States are permitted to mandate that producers established in third countries appoint an authorised representative for EPR when making packaging available on their territory. If you do not appoint a representative, the legal obligation to comply with the packaging design, volume, and material limits falls directly on the importer who brings the goods into the EU market.
Importers face strict verification requirements before they can place your packaged products on the market. To understand how this impacts your supply chain and B2B partnerships, read our guidance on PPWR compliance for importers.
Article 17 vs Article 45 compared
To clarify the structural differences between these two roles, the following table outlines the key legal features of each representative type:
| Compliance feature | Article 17 representative (product conformity) | Article 45(3) representative (EPR and waste) |
|---|---|---|
| Legal status | Voluntary appointment | Mandatory for cross-border EU producers |
| Primary duty | Retain declaration of conformity and technical files | Register in national databases and report packaging weights |
| Establishment | Anywhere within the European Union | Must be established in the specific Member State of sale |
| Retention period | 5 years for single-use; 10 years for reusable | Governed by national reporting rules |
| Core restriction | Cannot author the initial technical file | Focuses on waste financing and data submission |
Simplify your cross-border compliance with Gramta
Managing multiple national registers, coordinating with various local representatives, and formatting your packaging data for different country formats is a significant administrative burden. For online retailers shipping to multiple European markets, the compliance workload can quickly consume hours of valuable operational time.
Gramta simplifies this process. Our compliance software connects directly to your e-commerce platform, automatically calculating the precise packaging weights and material compositions of your shipments. We help you identify where you have producer duties, which national systems require local representation, and how to format your filings to meet the 12 August 2026 deadline.
Keep your compliance simple and protect your brand from market blocks. Get started with Gramta to automate your packaging reporting across Europe.
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Frequently asked questions
- Is a product conformity authorised representative mandatory under Article 17?
- No. Appointing an authorised representative for product conformity under Article 17 of the PPWR is entirely voluntary. Manufacturers can choose to handle these conformity tasks themselves or delegate them to an EU-based representative.
- When is an authorised representative mandatory for Extended Producer Responsibility?
- Under Article 45(3), appointing an Extended Producer Responsibility representative is mandatory if you are a producer established in one EU Member State but make packaging available in another Member State where you have no physical establishment.
- What is the deadline for complying with these authorised representative rules?
- The general application date for these rules is 12 August 2026. Non-EU brands and cross-border sellers must have their compliance structures, including any required representatives, active by this date.
- Does a UK or US seller need a PPWR authorised representative?
- Possibly. Member States may require producers established in third countries, such as the UK, Switzerland or the US, to appoint an authorised representative for extended producer responsibility. If you do not appoint one, the compliance obligation falls on the EU importer who places your packaged goods on the market.