By Razvan Toma · Founder · Last checked 7 November 2026 · Sources linked below
One representative per country where you sell directly to end users without being established there. Article 45(3), first sentence, PPWR: a producer under Article 3(1), point 15(c) or (d), appoints by written mandate an authorised representative for extended producer responsibility in each member state where it first makes packaging or packaged products available, other than the one where it is established. The second sentence lets member states extend this to every producer from a third country. It has applied since 12 August 2026 (Article 71). Germany implements both sentences in § 5(2) VerpackDG. Sources (2)
Regulation (EU) 2025/40 (PPWRegulation (EU) 2025/40 (PPWR)
VerpackDG § 5VerpackDG § 5
PPWR Article 45(3) explained, sentence by sentence
Article 45(3) of Regulation (EU) 2025/40 has two sentences.
- The duty. A producer referred to in Article 3(1), point 15(c) and (d), shall appoint, by written mandate, an authorised representative for the extended producer responsibility in each member state where it makes packaging or packaged products available for the first time, other than the member state where it is established.
- The option. Member states may require every producer established in a third country to appoint one when it first makes packaging or packaged products available on their territory.
Germany uses both. § 5(2) VerpackDG, sentence 1, covers the producers of the first sentence, wherever they are based; sentence 2 covers producers from third countries.
Regulation (EU) 2025/40 (PPW VerpackDG § 5
Which producers it means
Article 3(1), point 15, PPWR sorts producers into five groups. Only (c) and (d) need a representative under the first sentence.
| Point | Who | Representative? |
|---|---|---|
| (a) | Established in a member state, first makes transport, service or primary production packaging available there | No |
| (b) | Established in a member state, first makes packaged products available there | No |
| (c) | Established in another member state or a third country, makes transport, service or primary production packaging available directly to end users | Yes |
| (d) | Established in another member state or a third country, makes packaged products available directly to end users | Yes |
| (e) | Established in a member state, unpacks packaged products without being an end user | No |
An end user is any person in the EU, consumer or business, that does not sell the product on in the form received (Article 3(1), point 23). Selling to a German wholesaler that resells is therefore not selling directly to end users; selling to German consumers, or to a business that uses the goods, is.
Who can be the representative, and for what
Article 3(1), point 20, PPWR: the authorised representative for extended producer responsibility must be established in the member state where the producer makes packaging available, and is appointed to fulfil the producer's obligations under Chapter VIII, extended producer responsibility. A provider in another country cannot be your German representative.
It is a different role from the general authorised representative of Article 3(1), point 19, who acts for a manufacturer on product duties under the Regulation. One provider can hold both, but each needs its own mandate.
How Germany implemented it: § 5 VerpackDG
| § 5 | Rule |
|---|---|
| (1) | An ordinary service provider may be commissioned with EPR duties, but not with registration (§ 6) or data reports (§ 9) |
| (2) | A producer without a German establishment commissions a representative with all its duties under the VerpackDG, before first making packaging available; only registration stays with the producer |
| (3) | The representative counts as the producer for the duties it takes over and acts in its own name |
| (4) | Only one representative per producer; a written mandate in German |
| (5) | The producer names the representative to ZSVR without delay, in its LUCID registration; ZSVR confirms |
| (6) | The end of a mandate is reported without delay; the old representative keeps the duties from its period |
What we do as that representative: authorised representative in Germany.
How Article 45 is enforced: platforms and fulfilment
The rest of Article 45 makes the duty visible at the point of sale.
- Platforms (paragraphs 4 to 6). Before letting a producer sell to EU consumers, an online platform must obtain its registration number for the consumer's country and a self-certification that it complies with paragraphs 1 to 3, including the representative. It must make best efforts to check them.
- Fulfilment (paragraphs 7 and 8). A producer gives its fulfilment service provider the same details when the contract is signed. The provider checks them, asks for corrections and suspends its service if the producer does not fix them.
- Your remedy (paragraph 9). A producer can challenge a suspension before a court where the fulfilment provider is established.
Germany adds a ban: § 13(4) VerpackDG forbids fulfilment providers to handle goods of producers that are not properly registered, and ZSVR offers an automated check of the register for platforms and fulfilment providers.
Regulation (EU) 2025/40 (PPW VerpackDG § 13
More on Who needs a representative
- I only send a few items a year to Germany. Does German packaging law still apply?
- I also sell electronics in Germany. Is that the same registration as packaging?
- Does a German representative also cover my sales to other EU countries?
- Can I avoid German packaging law by not selling to Germany?
- I am a sole trader, not a company. Can you represent me?
- Can the ZSVR act as my German authorised representative?