Since 12 August 2026 the EU Packaging and Packaging Waste Regulation (EU) 2025/40 requires producers to register in each member state where they first make packaging available, and — where they sell packaging directly to end users in a member state where they are not established — to appoint an authorised representative for EPR there. The Commission has proposed suspending the representative requirement for EU-established producers, but as of 15 September 2026 nothing has been adopted. France's national representative requirement applies regardless.Sources (3)
EUR-LexEUR-Lex — Regulation (EU) 2025/40 (PPWR)European CommissionEuropean Commission — PPWR guidance notice C(2026)3702
LégifranceLégifrance — Code de l'environnement
What the PPWR requires
- Article 44: registration in the national producer register of each member state where packaging is first made available; no making available before registration.
- Article 45: producers finance collection and recovery; a producer selling directly to end users in another member state appoints an authorised representative there. Producers from outside the EU need a representative in each member state of sale.
- No minimum quantity. Online marketplaces must verify producer registration.
Status of the proposed suspension
| Date | Development |
|---|---|
| December 2025 | Commission Environmental Omnibus proposes suspending the representative requirement for EU-established producers until 1 January 2035 |
| 24 June 2026 | Council removes the EPR provisions from its negotiating mandate after objections from most member states |
| June 2026 | European Parliament rapporteur proposes limiting any suspension to micro and small enterprises and keeping representatives for non-EU producers; committee vote expected around October 2026 |
| 7 September 2026 | Germany proposes exempting producers placing less than 10 tonnes of packaging per year |
No version on the table exempts producers established outside the EU.
The other half of the PPWR: packaging conformity
Registration and representatives are the EPR half of the regulation. Since 12 August 2026 the PPWR also sets rules on the packaging itself, and those sit with the manufacturer and the importer, not with an EPR representative.
- A conformity assessment and a written EU declaration of conformity for packaging placed on the market, covering the sustainability requirements of Articles 5 to 12 (Article 39).
- Technical documentation kept for five years, or ten years for reusable packaging, counted from the last unit placed on the market.
- Identification of the manufacturer, and of the importer where relevant, on the packaging or its accompanying documents (Article 15).
- Importers must check that this has been done before placing the packaging on the market.
None of this is part of an EPR mandate. A French EPR representative registers you with the eco-organisme, obtains your IDU, files your declarations and pays your eco-contributions. It does not sign your declaration of conformity or write your technical file: that stays with whoever manufactures or imports the packaging.
How France differs
France's article L. 541-10-9-1 is national law in force since 10 July 2026. It applies to every producer not established in France, EU or non-EU, and to all French EPR schemes — not only packaging, and not only direct sales to end users. It is not affected by the EU suspension debate. Details in the French law explained.
Germany in brief
Germany replaced its Packaging Act with the VerpackDG on 12 August 2026. Registration in the LUCID register continues, and foreign producers selling directly to German end users must appoint a German authorised representative.
Frequently asked questions
Is the PPWR authorised representative requirement suspended?
No. As of 15 September 2026 the suspension has not been adopted; the requirement applies as written.
Does one authorised representative cover the whole EU?
No. Under the PPWR a representative is appointed per member state; there is no single EU-wide representative.
If the EU suspends the requirement, do I still need a French representative?
If you are subject to French EPR and not established in France, yes: the French requirement is national law and applies independently.
Does my French EPR representative sign the PPWR declaration of conformity?
No. The declaration of conformity and the technical file are packaging product obligations that sit with the manufacturer and the importer under Regulation (EU) 2025/40. An EPR representative handles registration, declarations and eco-contributions in France. You need both.
Sources
- EUR-Lex — Regulation (EU) 2025/40 (PPWR)
- European Commission — PPWR guidance notice C(2026)3702
- Légifrance — Code de l'environnement
Founder of EPR France Rep, the France-based EPR authorised representative for companies selling into France.
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