Extended Producer Responsibility (EPR) is not new in the European Union. What is new however, is who is defined as the producer for the purpose of EPR. For the first time, the PPWR provides a harmonised definition with which to assess producer status. This new definition took general application on 12 August 2026.
The producer definition change marks a new era of EPR compliance in the European Union. Previously, Member States retained flexibility in defining the producer. Now, the baseline for assessing producer status has shifted.
Whilst the producer definition may be harmonised, the everyday reality of EPR reporting and the national compliance landscape remains fragmented. PROs and national authorities continue to issue instructions on how the change should be approached at the national level.
In this article, we will explore the key compliance actions your organisation should take to remain EPR compliant post 12 August 2026.
Immediate Actions
1. Undertake EPR Review
The change in producer definition may transfer responsibility for declaring certain packaging flows to another entity in the supply chain, or alternatively, it may create new obligations for your organisation.
Producer status can depend on factors including:
Selling technique (selling directly to the end-user of the product)
Establishment in a Member State
Packaging type (sales, grouped or transport)
If you have not already undertaken review of your activity against the new PPWR producer definition and national outlook, this action should be your first step. Failure to do so could result in over-reporting, under-reporting, or the misreporting of packaging data. Lorax EPI can support in undertaking EPR obligation review inclusive of supply chain context.
2. Register Where Required and Review Authorised Representative Requirements
Where EPR obligation is identified, registration is required in the relevant Member State. This process typically involves registering with a PRO and in some cases a national authority (producer register), where one already exists.
Provision of data prior to registration approval
Separate registrations with national authorities independently of a PRO
The appointment of an Authorised Representative (AR) where required
Only once you are formally registered can regular EPR reporting commence. At present, assigned reporting frequency can vary substantially between markets. The PRO may assign monthly, bi-monthly, quarterly, bi-annual or annual reporting deadlines depending on national requirements and system rules.
The PPWR requires EU-based producers who sell directly to end-users in a Member State in which they are not established, to appoint an AR for the purpose of EPR. Whilst some Member States already imposed mandatory AR requirements pre-PPWR, others did not. In certain markets, PROs have indicated that AR appointment may not be feasible during registration until further guidance is issued by national authorities.
Ongoing Monitoring and Future Outlook
1. Monitor National Supplementary Legislation
Whilst the PPWR is directly applicable across the EU, supplementary legislation is often necessary to repeal, adjust or align national law with new PPWR requirements.
Many Member States have begun the process of preparing draft legislation. In other Member States, such as Germany, laws have already been passed on the topic. Germany's new VerpackDG law sets the precedent for how system alterations may be approached in other Member States, inclusive of national context.
2. Monitor the Development of National Producer Registers
The PPWR requires all Member States to establish a national producer register. National registers are distinct from PROs, and are run by governmental authorities who have oversight of EPR. Member States are given an 18 month deadline after entry into force of the Implementing Act on producer register rules to establish their own national registers.
As
EPR is not new, it should be noted that many Member States already have their
own national producer registers for the purpose of EPR. In such cases, Member States must still ensure their national registers adhere to the new rules established via Implementing Act.
As the adoption of the Implementing Act is behind schedule (originally due 12 Febuary 2026), current estimates from the European Commission suggest that producers will be able to report according to the new harmonised register rules by 1 June 2030.
The Draft Implementing Act was subject to public consultation until 10 September 2026.
Contact Us
If you are unsure how the new producer definition impacts your organisation, get in touch with Lorax EPI.