Two EU Packaging Deadlines Hit This August. Is Your Brand Missing One?

The EU's new Packaging and Packaging Waste Regulation applies from 12 August 2026. For non-EU brands selling into European markets, the regulation creates two separate legal obligations - not one. Most brands are aware of the Authorised Representative requirement. Far fewer have properly addressed EPR own-registration. Both are mandatory. Both share the same deadline. Missing either can mean suspended listings, blocked FBA inventory, or fines reaching €200,000.

The short answer is this: from 12 August 2026, non-EU brands placing packaged goods on the EU market must (a) formally appoint an EU Authorised Representative in each member state where their packaging reaches consumers, and (b) register directly with national extended producer responsibility (EPR) systems in each country of sale. These are two distinct legal obligations under Regulation (EU) 2025/40. Appointing an Authorised Representative does not automatically complete your EPR registration. And having an existing EPR arrangement through your distributor does not satisfy the Authorised Representative requirement under Article 45.

Here is what each obligation demands - and where brands typically leave themselves exposed.

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What the PPWR Authorised Representative requirement actually means

Article 45 of Regulation (EU) 2025/40 requires every non-EU company placing packaged goods on the EU market to appoint a legally established EU entity as their Authorised Representative. The appointment must cover each member state where their packaging reaches consumers.

The Authorised Representative acts as the legal link between your business and EU EPR systems. They manage EPR registration, report your packaging volumes to the relevant national authority, and pay EPR fees on your behalf in each country where you are required to be registered.

This is not the same role as a customs agent, a VAT representative, or a logistics partner. It requires a formal written mandate covering the obligations set out in the PPWR. An informal arrangement or a line buried in a services agreement is unlikely to meet the standard national authorities will apply.

One important detail: the European Commission has proposed suspending the Authorised Representative obligation until 2035. That suspension applies only to EU-based producers. Non-EU companies are explicitly excluded. For brands based outside the European Union, 12 August 2026 is the date - regardless of whether the proposed suspension is adopted.

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What EPR own-registration means - and why it is not the same thing

EPR (Extended Producer Responsibility) requires producers to contribute financially to the collection and recycling of their packaging waste. Under PPWR, the 'producer' is defined broadly. It includes brand owners, importers, and distance sellers - not just manufacturers.

Many non-EU brands have historically relied on their EU distributor to handle EPR obligations. PPWR removes that option. From 12 August 2026, the registration obligation sits directly with the brand, not the distributor. The producer is the non-EU brand. The brand must be registered.

There is no single EU-wide EPR system. Each member state runs its own national producer register, with its own process, lead times, and fees. Germany operates LUCID for packaging (managed by the Stiftung Zentrale Stelle Verpackungsregister). France requires a unique identification number (UIN) registered with CITEO. Spain, Italy, the Netherlands, and Poland each operate their own systems. A brand selling across five EU countries needs five separate registrations - each completed before the deadline.

For brands using Amazon Pan-EU FBA, the exposure is wider than it appears. When Amazon routes inventory through its European fulfilment network, it can hold stock in Germany, France, Italy, Spain, and Poland simultaneously. EPR obligations arise in each country where stock is held - not just where the final customer is based. Many brands discover this only when Amazon notifies them of a compliance gap.

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The confusion that leaves brands non-compliant on both counts

The most common error we see: a brand has appointed an Authorised Representative and assumed that EPR registration has been taken care of. It may have been. But confirmation, in writing, from the relevant national register, is not the same as an assumption.

The reverse error is equally common. A brand has an existing EPR arrangement through its distributor - perhaps something established years ago under the predecessor directive. The distributor may be compliant for their own reporting. The brand may not have formally appointed an Authorised Representative as required by Article 45. Both gaps carry equal legal exposure.

We regularly see brands arrive with compliance they believe is in order. In most cases, something is missing - usually EPR, sometimes VAT, occasionally both. With PPWR, the pattern is the same: one obligation has been addressed and the other assumed. Compliance status is usually unknown internally - and 'unknown' is itself the finding.

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What enforcement looks like in practice

Amazon enforces EU packaging and producer compliance at listing level, without warning. Missing EPR registrations trigger listing suppression, blocked FBA inventory, and withheld payments. Germany and France, which have had mature EPR enforcement for years, apply this actively. LUCID registration (Germany's Packaging Act) is verified by Amazon - products from non-compliant sellers are de-listed.

One US brand we worked with learned this outside the context of PPWR, but the lesson transfers directly. The brand launched on Amazon.de without the required German registrations in place. Amazon suspended the account within weeks. By the time the compliance gaps were corrected and the launch rebuilt from scratch, the cost had reached approximately £100,000. The product was right. The infrastructure was not.

From 12 August 2026, national market surveillance authorities across all 27 EU member states have formal powers to act against non-compliant brands under PPWR. The PPWR itself requires member states to establish formal penalty rules by February 2027. National fines already in place vary by country - in Germany, fines for packaging EPR violations can reach €200,000. Products can be barred from the market entirely where EPR obligations are not met.

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What to do before the deadline

With 51 days remaining, the sequence matters.

First, confirm whether your current Authorised Representative appointment covers all EU markets where your packaging reaches consumers - not just your primary market. PPWR requires country-specific coverage.

Second, confirm in writing - with confirmation from the relevant national registers - that EPR registration is completed, accepted, and active in each country of sale. An AR appointment is not the same as a confirmed registration.

Third, if you use Amazon Pan-EU or Central Europe FBA programmes, map which countries your inventory is actually routed through. Your EPR obligations extend to every country where Amazon holds your stock, not just the country of the final customer.

If you are not certain whether your compliance addresses both obligations, across all relevant markets, that uncertainty is the finding. The brands that encounter the most difficulty are rarely those that knew they were non-compliant. They are the ones that assumed they were not.

Scale With reviews EU compliance structures for brands ahead of major regulatory deadlines. If your packaging compliance needs a check before August, we are happy to look at exactly what is in place and what is not.

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Frequently Asked Questions

What is the PPWR Authorised Representative requirement for non-EU brands?

Under Article 45 of Regulation (EU) 2025/40, non-EU companies must appoint a legally established EU entity as their Authorised Representative in each member state where their packaging reaches consumers. The representative manages EPR registration, reporting, and fee payments on the brand's behalf. This requirement is effective from 12 August 2026, with no grace period and no national transposition required.

Is EPR own-registration the same as appointing an Authorised Representative?

No - they are two distinct obligations. The Authorised Representative is the entity appointed to act on your behalf. EPR own-registration is the actual registration of your brand with national producer registers in each country of sale. Your Authorised Representative can manage the registration process for you, but the registration itself must be confirmed and active in each relevant market.

Does the proposed EU suspension of the Authorised Representative requirement apply to non-EU brands?

No. The European Commission proposed suspending the AR obligation until 2035, but that suspension applies only to EU-based producers. Non-EU companies are explicitly excluded from the proposal. The 12 August 2026 deadline remains binding for brands established outside the European Union.

What if we already have an EPR arrangement through our EU distributor?

Your distributor's EPR registration covers their own obligations - not yours. Under PPWR, the brand is the producer and the registration obligation sits directly with the brand. Unless your EU importer has contractually assumed your EPR obligations in a formal written agreement that meets the requirements of PPWR, you need your own registration in each relevant market and, in most cases, a formally appointed Authorised Representative.

Which EU countries require separate EPR registration for packaging?

All EU member states operate their own national EPR systems. The primary ones for non-EU brands include Germany (LUCID for packaging), France (CITEO/UIN), Spain, Italy, the Netherlands, and Poland. Brands using Amazon Pan-EU FBA should check which countries their inventory is physically held in - EPR obligations arise in each of those countries, not just the country where the end customer is located.