Do I need EPR registration to sell cross-border in the EU?

Yes, distance sellers have strict Extended Producer Responsibility (EPR) obligations under Regulation (EU) 2025/40, making them legally responsible for the packaging of products sold directly to consumers across borders (Packaging and Packaging Waste Regulation (EU) 2025/40).

Any online merchant established in one country that distributes packaged goods directly to end users in another country via distance contracts is classified as a producer in the buyer's territory. This means you must comply with EPR registration, reporting, and waste financing duties in every EU Member State where your customers reside.

Managing cross-border packaging waste is no longer an optional task. Under the Packaging and Packaging Waste Regulation (PPWR), online platforms and market surveillance authorities enforce these chemical and registration rules, preventing non-compliant brands from selling into the European single market.

What distance seller (EPR) actually means

A distance seller is an economic operator that supplies packaged products to end users in a Member State through distance contracts, such as online shops or digital marketplaces. The PPWR defines a distance contract under Directive 2011/83/EU as any commercial transaction concluded without the simultaneous physical presence of the trader and the consumer. Under Article 3(15) of Regulation (EU) 2025/40, any manufacturer, importer, or distributor established in an EU Member State or a third country that sells packaged products directly to end users in another Member State is designated as the obligated producer.

This classification shifts the financial and operational responsibility for packaging waste management to the seller. Even without a physical office or VAT establishment in the destination country, you are legally responsible for the packaging sent there (Commission Notice - Guidance document for Regulation (EU) 2025/40 on packaging).

Under Regulation (EU) 2025/40, any distance seller supplying packaged goods across EU borders is classified as a producer, requiring immediate registration and waste-management funding in the destination territory.

To prevent administrative avoidance, the PPWR establishes that EPR duties apply in the country where the packaging is expected to become waste. For online merchants, this is the country of delivery, meaning you must register with national registers and pay weight-based packaging fees to local Producer Responsibility Organisations (PROs) (Packaging Producer - What Applies to You - Naturvårdsverket).

Does this apply to me?

Yes, if your business sells pre-packaged items directly to consumers or professional end users in another country, these cross-border EPR rules apply to your operations. The size of your company is not a factor for basic compliance; there are no registration volume thresholds under the PPWR (Everything you need to know about the PPWR - Verpact).

Under Swedish Ordinance (2022:1274), you must register with the Swedish Environmental Protection Agency (Naturvårdsverket) and report packaging volumes annually. You must also appoint an authorised representative for extended producer responsibility by written mandate to act on your behalf in Sweden.

Under the UK EPR regime, companies supplying packaged goods under their own brand, importing, or running online marketplaces are obligated. If your business meets the criteria for a small producer in the UK, you must collect packaging data but do not have to pay waste disposal fees or buy packaging waste recycling notes (PRNs).

Which registration deadlines and thresholds do distance sellers need to track?

Compliance requires tracking national registration deadlines and appointing authorised representatives to prevent account suspension.

The table below outlines key milestones and thresholds for distance sellers:

Under Article 44(2), you must appoint an authorised representative for EPR in the Member State where the consumer is located. For sellers in third countries, Member States can make this appointment mandatory to prevent free-riding.

Common misconceptions about distance sellers

• VAT registration in a country is sufficient to prove establishment. Holding a local VAT number does not constitute legal establishment under the PPWR. You must still appoint a local representative to handle your waste duties.
• Marketplaces automatically pay all EPR fees on behalf of sellers. Marketplaces can accept these costs under voluntary agreements or are held liable under "deemed producer" rules, but sellers must still provide active registration numbers.
• EPR duties only apply if your annual packaging volume exceeds 10 tonnes. The PPWR removes volume exemptions. All distance sellers must register and declare packaging.
• Recycled cardboard mailers are exempt from distance selling fees. While eco-modulated fees may lower the rate for highly recyclable materials, all packaging materials must be reported and paid for.

5 examples of distance seller compliance scenarios

• 1. Cross-border e-commerce brand: A German Shopify store shipping to Sweden must register with Naturvårdsverket, appoint a representative, and report to NPA.
• 2. Third-country marketplace seller: A Chinese merchant selling to France must secure an EPR registration number and provide it to the platform to avoid listing suspension.
• 3. Direct-to-consumer electronics brand: An Italian company selling to Germany must comply with packaging EPR and WEEE registration under ElektroG via stiftung ear.
• 4. Small-volume cosmetics seller: A French boutique shipping to Spain must register and contribute, as there are no micro-enterprise exemptions for chemical safety.
• 5. Hybrid physical-digital merchant: A Polish retail store shipping to the UK must track shipments to check if they meet the UK small producer criteria.

Terms related to distance seller (EPR)

Frequently asked questions

What are the registration obligations for a distance seller under the PPWR?

You must register in each Member State where your end users reside. Your application must include your company details, brand names, and the arrangements made to ensure waste funding.

How do online marketplaces verify distance seller compliance?

Online platforms must obtain your national register number and a signed self-certification confirming that you meet all EPR obligations in the consumer's country. These platforms will run automated checks against public databases.

Am I exempt from EPR reporting if my business is classified as a micro-enterprise?

No, while micro-enterprises under the PPWR may benefit from lighter rules for re-use targets, there are no de minimis exemptions for general EPR registration and waste reporting.

What is the role of an authorised representative for extended producer responsibility?

The authorised representative is a local entity appointed via a written mandate to assume all your local reporting and financial waste-management duties in the buyer's country.

What happens if a distance seller fails to comply with EU packaging laws?

Marketplaces are legally required to suspend your storefront and block your product listings in the affected Member State. Regulators can also levy financial penalties and order product recalls.

Sources:

• Packaging and Packaging Waste Regulation (EU) 2025/40
• Regulation (EU) 2025/40 EM - The Northern Ireland Assembly
• Commission Notice - Guidance document for Regulation (EU) 2025/40 on packaging
• Packaging Producer - What Applies to You - Naturvårdsverket
• Everything you need to know about the PPWR - Verpact
• EFRAG IG 3: List of ESRS datapoints - Explanatory note