EU Extended Producer Responsibility under the PPWR: What changes from the PPWD

Companies selling packaged goods in more than one EU country currently face a different producer register in each Member State, with its own reporting format and deadlines and not always the same answer to who counts as a "producer" there. This fragmentation traces back to the Packaging and Packaging Waste Directive 94/62/EC (PPWD), which set EU-wide targets but left the administrative details to national governments.

The Packaging and Packaging Waste Regulation (EU) 2025/40 (PPWR) changes that. At Artem, our compliance platform helps manufacturers, importers, and distributors track these obligations across jurisdictions. This article looks specifically at what's changing in EPR registration and reporting, what isn't, and what to do about it now that the PPWR has entered into application.

What EPR Under EU Packaging Law Actually Covers

Extended Producer Responsibility means the company that first places packaging on a Member State's market carries the cost and administrative burden of its end-of-life management. Under the PPWR, this obligation sits in Articles 44 to 47 (Chapter VIII) and applies to registration in a national producer register, periodic reporting of quantities placed on the market, and payment of EPR fees, which fund collection and recycling.

Crucially, there's no general exemption for small companies. Micro-enterprises still register and report; the PPWR only reduces the reporting detail required from producers placing under 10 tonnes of packaging on a Member State's market per year.

Who is a "Producer" under the PPWR?

Under Article 3(1) and Chapter VIII of the PPWR, the "producer" isn't a fixed role tied to one type of company. It's whoever first makes the packaging available on a given Member State's market and depending on the situation, that can be the manufacturer, the importer, or the distributor.

The PPWR determines who that is based on the type of packaging (transport, sales, grouped, primary production, or service packaging) and the selling technique used. Consequently, the exact same company can qualify as the producer in one Member State while being exempt in another for the identical product, depending on who places it on the local market first.

Key Rules by Packaging & Branding Structure

Sales Packaging: The entity filling the packaging under its own name or trademark is generally the producer.

Transport Packaging: The manufacturer or importer placing empty transport packaging on the market holds initial liability unless it is manufactured under a brand owner's name, in which case the brand owner is responsible.

Branded packaging: The default rule treats whichever natural or legal person's name or trademark appears on the packaging as the manufacturer, and therefore the producer. This entity is presumed to hold decisive control over the packaging's design and specifications, even if another party physically manufactures or fills it. Where multiple names appear (e.g., a food distributor operating under a licensed trademark), status is assigned to the party exercising decisive power over packaging design based on contractual agreements.

Unbranded packaging: For generic packaging lacking a name or trademark (e.g., plain cardboard boxes, unbranded stretch film), the physical manufacturer acts as the producer. However, if a purchasing company places a custom order and dictates the technical design specifications, that commissioning company becomes the manufacturer and producer instead.

Special Provisions & Supply Chain Roles

Micro-enterprise Exemption: If a manufacturer placing packaging under its own name is a micro-enterprise, and its packaging supplier is established within the same Member State, producer liability shifts to the supplier. This relieves small entities of administrative burdens, provided both parties reside in the same jurisdiction.

Non-EU Imports: If a packaging or packaged product is sourced from outside the EU, the EU-based importer is deemed the producer in the Member State where the product is first placed on the market. Extended Producer Responsibility cannot remain with the overseas supplier; it attaches to the entity completing the import.

Online Platforms & Marketplaces: E-commerce platforms facilitating distance sales must verify that third-party sellers are registered in the destination Member State's EPR register prior to allowing sales. While platforms can process EPR fee payments on behalf of sellers under a written mandate, legal reporting and registration liabilities remain with the producer (or its appointed Authorized Representative).

A useful illustration from primary production

A farmer grows and sells apples:

If a farmer packs apples under their own name and sells to a retailer in their own Member State, the farmer is the producer.
If they sell packed apples into another Member State, they're only the producer if the buyer is the actual end-user. Selling to a foreign retailer doesn't make them the producer there.
If the farmer is a micro-enterprise and their container supplier is in the same Member State, the supplier becomes the producer instead.
If the packaging carries a cooperative's name or trademark rather than the individual farmer's, the cooperative is the producer not the farmer.

PPWD vs. PPWR: From National Patchwork to Harmonised Rules

The core structural difference is the legal instrument itself. A directive sets an outcome and leaves each government to legislate its own path there; a regulation applies directly and identically once it takes effect. That's why 27 Member States built 27 different EPR systems under the PPWD and why the PPWR can narrow those differences without needing new national laws for the harmonised parts.

	Under the PPWD	Under the PPWR
Legal form	Directive — transposed differently into each Member State's law	Regulation — directly applicable EU-wide, fully harmonized single market rules
Producer registers	Separate national systems, separate formats	Harmonised registration and reporting format (implementing act under Art. 44(14))
Reporting deadlines/frequency	Set nationally, no common calendar	Harmonised across Member States
Definition of "producer"	Varied by country and packaging type; inconsistent definitions across EU Member States	Harmonised: determined by packaging type and selling technique
Eco-modulation of EPR fees	National criteria, inconsistent basis	Harmonised criteria based on recyclability performance grade
Fee levels, PRO structure	Set nationally	Still set nationally

What the PPWR Actually Harmonises

In practice, three key structural changes take place:

Registration and reporting format. The Commission is required to adopt an implementing act defining a common format for registering with, and reporting to, national producer registers (Article 44(14)). Once adopted, Member States have 18 months to bring their registers into line with it.

Who counts as a producer. The PPWR settles a question the PPWD left to national interpretation: whether a manufacturer, importer, or distributor is the "producer" for EPR purposes now depends on the packaging type (transport, sales, grouped, primary, or service packaging) and the selling technique used.

Eco-modulation of EPR fees. Member States must base the modulation of EPR fees on the recyclability performance grade set out in Article 6, though they may still layer on additional criteria (reusability, recycled content) nationally.

What Still Depends on the Member State

Harmonisation does not mean uniformity. Fee amounts, the structure of producer responsibility organisations (PROs), and much of the day-to-day administration remain national decisions. Member States may also require additional registration information beyond what the PPWR specifies, provided it is necessary and proportionate for monitoring compliance (Article 44(5)). A company operating in five Member States therefore still deals with five sets of fees and five PROs, underpinned by a shared registration logic, producer definition, and reporting calendar.

Registration & Reporting Requirements

The practical details carry greater regulatory significance than the overarching objectives, particularly as the harmonised reporting format remains subject to finalisation:

Registration requirements

Every producer (or its authorised representative) must register in the national producer register of each Member State where it places packaging on the market. Registration is a precondition for lawfully placing packaging there.

The Commission's draft implementing regulation (under public consultation through 10 September 2026) sets out what registration should contain:

Basic producer information: legal name and form, registered address, tax/VAT number, brand names the packaging is sold under, and contact details.
How EPR obligations are fulfilled: self-compliance or delegation to a PRO, with the relevant authorisation documents attached.
Certificate of compliance issued by the PRO, where one is used.
Authorised representative details, required for non-EU producers: name, address, tax number, and which producer(s) they represent.

A few practical requirements apply: Registrations must be submitted electronically and structured for automated processing. If a Member State operates multiple packaging waste management systems, producers must register separately with each scheme. Furthermore, declared quantities must include transport-level packaging, such as pallets, stretch film, and strapping, rather than merely the sales packaging visible to the end customer.

Reporting requirements

Reporting is annual, covering the full preceding calendar year, and the level of detail depends on volume:

≥10 tonnes/year: Full reporting; quantity and type of packaging placed on the market, broken down by material and category, plus collection and treatment outcomes. For composite/multi-material packaging, you classify by the dominant material by weight but still report each constituent material's weight separately.
<10 tonnes/year: Simplified reporting requirements; this adjustment offers administrative relief for lower-volume producers while maintaining mandatory compliance and reporting duties.

Where packaging carries a digital product passport, that data can be used to satisfy reporting requirements.

Timeline: Where Things Actually Stand

The PPWR entered into force in February 2025 and many of its provisions, including most of the revised EPR rules, became applicable on 12 August 2026. In practice, the implementing act defining a harmonised registration and reporting format for Member States - originally expected by February 2026 - was delayed, and is yet to be released. This means a harmonised producer register is not yet required nor implemented. As a result, a fragmented approach to EPR registration and reporting remain. This means confusion around the different national schemes and having to stay abreast of all the varying requirements remain a massive headache for businesses.

The practical consequence: companies still need to register and report under existing national rules right now, while a harmonised format will eventually be introduced by the EU.

Strategic Action Items & How Artem Enables Compliance

Navigating the transition from the PPWD to the PPWR requires immediate operational adjustments. While national EPR obligations remain active and fully enforceable today, market participants must align their compliance structures with newly enforceable and incoming requirements.

Artem provides an enterprise compliance platform designed to streamline European industrial and environmental regulations, directly supporting organisations through every phase of this transition:

Maintain Active Registrations Across Markets: Economic operators cannot delay registration in anticipation of complete harmonisation. Artem enables companies to seamlessly manage registrations, data conversions, and Producer Responsibility Organisation (PRO) filings across different national EPR frameworks throughout the entire transitional period.
Re-Evaluate Producer Status Per Jurisdiction: Because the PPWR’s criteria regarding packaging types and selling techniques may shift legal liability within supply chains (particularly for grouped and e-commerce formats), organisations must re-verify their status market by market. Artem’s platform helps clarify roles and automates the creation of audit-ready EU Declarations of Conformity and technical dossiers.
Automate Technical & Recyclability Reporting: With incoming mandates requiring detailed material breakdowns, companies must structure their data pipelines ahead of the Commission's implementing act. Artem centralises packaging Bills of Materials (BOM), accurately calculates recyclability metrics, and evaluates recycled plastic content thresholds.
Manage Marketplace & Eco-Modulation Liabilities: For entities utilising online marketplaces or facing complex fee structures, Artem screens packaging items and accurately predicts financial liabilities under harmonised eco-modulation rules, ensuring full transparency across all sales channels.
Ensure Long-Term Audit Readiness & Chemical Compliance: Under the PPWR, technical documentation must be retained for 5 to 10 years. Artem provides a centralised audit trail for regulatory checks and tracks immediate chemical restrictions, such as PFAS limits in food-contact packaging, substances of concern (SoCs) and heavy metals, safeguarding uninterrupted market access.

Some important FAQs

Are micro-enterprises exempt from Extended Producer Responsibility rules?

No. Micro-enterprises are not generally exempt from EPR obligations or producer registration. However, if a micro-enterprise manufacturer sources packaging from a supplier located in the same Member State, the local supplier assumes the EPR producer liability. Additionally, producers placing less than 10 tonnes of packaging on a national market annually benefit from simplified data reporting requirements.

Does the PPWR replace national EPR systems entirely?

No. It harmonises registration format, reporting deadlines, the producer definition, and eco-modulation criteria. Fee levels and PRO structures remain national.

When do the harmonised EPR reporting rules take effect?

Registers align with the harmonised format within 18 months of the Commission's implementing act (originally due February 2026, now delayed). The first fully harmonised annual report is due by 1 June 2030.

Can an online marketplace handle EPR obligations for its sellers?

Only partially; it can pay fees on a producer's behalf with written authorisation, but registration and reporting stay with the producer unless the platform is appointed as authorised representative.

Do deposit and return systems count as EPR reporting on a producer's behalf?

Yes, where they have organisational, technical, and financial arrangements comparable to a PRO, DRS operators can register and report for participating producers.

Conclusion

Navigating the shift from the PPWD to the PPWR is less about waiting for a single European switch to flip, and more about managing a multi-year transition across 27 distinct jurisdictions and the progressive release . While the PPWR lays the groundwork for unified producer definitions, standardised digital reporting, and harmonised eco-modulation criteria, local fee structures and national administrative channels will remain fragmented for years to come. Companies that proactively audit their packaging portfolio, clarify their producer status per market, and structure their technical data today will not only avoid market access risks, they will actively minimise their long-term EPR fee exposure as eco-modulation takes effect.

Through automated bill-of-materials tracking, seamless PRO data conversion, and built-in regulatory risk assessments, Artem turns this complex legislative compliance process into a streamlined operational advantage.