Independent PPWR Article 17 Representation
EU Authorized Representative for Packaging under the PPWR (Regulation (EU) 2025/40)
The Packaging and Packaging Waste Regulation (EU) 2025/40, the PPWR, has applied since 12 August 2026. It treats packaging as a regulated product in its own right, separate from the item inside it. The retail box, the printed sleeve, the molded insert, the poly bag and the shipping carton each have to meet their own requirements.
If your brand is on the packaging or the packaged product, you are the manufacturer of that packaging under the PPWR. You must assess its conformity, hold a technical documentation file for it, and issue an EU Declaration of Conformity. A product that is fully compliant can still be non-compliant on the packaging around it.
Article 17 of the PPWR allows a manufacturer, including one based outside the EU, to appoint an EU-based Authorized Representative for packaging conformity by written mandate that covers all EU member states. EARP acts as your independent Authorized Representative under Article 17, holding your packaging documentation and answering EU Market Surveillance Authorities on your behalf.
Scope of the PPWR
Packaging as a Regulated Product
- Retail and gift boxes, cartons and printed sleeves
- Inserts, trays, cushioning and protective foam
- Poly bags, films, wraps and labels
- Shipping cartons, pallets, crates and other transport packaging
- Service packaging supplied at the point of sale
Who Is the Manufacturer, and Who Is the Producer
- The manufacturer is the party that manufactures the packaging or packaged product, or has it designed or manufactured under its own name or trademark. For most brand owners the test is simply whether your brand is on it. This decides who holds the technical documentation and the Declaration of Conformity, and who may appoint an Article 17 representative. There is one answer and it applies across the whole EU.
- The producer is the party that first supplies the packaged goods on a given country's market. That is usually the EU importer, or you, if you sell directly to consumers there. This decides who registers nationally, joins a producer responsibility scheme, reports and pays fees, and who must appoint an Article 45 representative. It is answered separately for every member state and every sales channel.
Example. A US brand selling its own-brand speakers to a German importer is the manufacturer of that packaging, because its brand is on it, but it is not the producer, because the German importer is the party that first makes the goods available in Germany. The same works in reverse: a Dutch distributor that first supplies the Dutch market with another company’s branded goods is the producer in the Netherlands, but it is not the manufacturer of that packaging.
Three common positions
- You sell B2B to EU importers under your own brand. You are the manufacturer and not the producer. Article 17 is available to you and no Article 45 representative is needed.
- You ship directly to EU consumers from outside the EU. You are both the manufacturer and the producer. Article 17 is available to you, and you will generally need an Article 45 representative in each country you ship to. We can introduce you to a partner who provides it.
- An EU party sells your goods under its own brand. That party becomes the manufacturer for that packaging, and neither role sits with you.
- You have your own company in the EU that imports and sells the goods. That company is the producer where it sells, and it can hold your technical documentation and deal with authorities itself, so an Article 17 representative adds less. It still makes sense if you want the file held by an independent party rather than a sales entity.
Article 17 and Article 45 at a glance
| Article 17 representative | Article 45 representative | |
|---|---|---|
| What it covers | Article 17 representativeConformity of the packaging itself | Article 45 representativePackaging waste: registration, scheme membership, reporting and fees |
| Required or optional | Article 17 representativeOptional | Article 45 representativeGenerally mandatory where you are a producer in a country where you are not established |
| Who appoints it | Article 17 representativeThe manufacturer, the party whose brand is on the packaging | Article 45 representativeThe producer, the party first making the packaging available in that country |
| How many you need | Article 17 representativeOne mandate for all EU member states | Article 45 representativeOne per member state |
| Where it must be established | Article 17 representativeAnywhere in the EU | Article 45 representativeIn each member state concerned |
| Provided by EARP | Article 17 representativeYes | Article 45 representativeNo, referred to a partner |
Article 45 is a different representative, and EARP does not provide it
Article 45 covers extended producer responsibility: national producer registration, membership of a producer responsibility scheme, reporting and fees. It is appointed by the producer, one per member state, and is independent of Article 17.
EARP does not act as an authorized representative for extended producer responsibility under Article 45 of the PPWR, and does not handle producer registration, scheme membership, reporting or fees. The same applies to extended producer responsibility for batteries under Regulation (EU) 2023/1542, for electrical and electronic equipment under Directive 2012/19/EU, and under national law.
Article 45 is a different representative, and EARP does not provide it
The PPWR contains a second, unrelated representative role. It is the most common source of confusion, so it is worth separating clearly.
Article 17 is about packaging conformity. It is optional, it is granted by the manufacturer, meaning the party whose brand is on the packaging, and one mandate covers all 27 member states. This is what EARP does.
Article 45 is about extended producer responsibility, which is the financing and reporting of packaging waste. It is mandatory where it applies, it is granted by the producer, and the PPWR requires that representative to be established in each member state concerned, so one is needed per country. It covers national producer registration, membership of a producer responsibility scheme, reporting and fees.
The two roles are independent. A manufacturer who is not a producer can appoint an Article 17 representative and needs no Article 45 representative at all. A producer needs an Article 45 representative whether or not it appoints one under Article 17.
EARP does not act as an authorized representative for extended producer responsibility under Article 45 of the PPWR, and does not handle producer registration, scheme membership, reporting or fees. The same applies to extended producer responsibility for batteries under Regulation (EU) 2023/1542, for electrical and electronic equipment under Directive 2012/19/EU, and under national law. Where you need that, we will refer you to a partner who provides it.
Why appoint an Article 17 representative if it is optional?
An EU contact for authority requests
If you sell directly to EU customers, or have no company of your own in the EU, there is no one in the EU an authority can contact about your packaging file. An Article 45 representative handles registration and fees in each country, not questions about whether your packaging conforms.
Your importer does not need your technical file
An EU importer must be able to make your packaging technical documentation available to authorities on request. With EARP holding it, your importer can meet that duty without receiving a file that contains your material composition and supplier details.
Ten days, in the authority's language
A request can come from any of 27 national authorities, in their own language, with a ten-day deadline. EARP holds your file in the EU and responds within that window.
Continuity when your sales channels change
Change importers or enter a new market, and your EU contact and file custody stay the same.
EARP’s Role
What EARP does, and what stays with you
- Being named as your Authorized Representative on your EU Declaration of Conformity for packaging
- Holding your packaging technical documentation and Declaration of Conformity at the disposal of authorities for the required retention period
- Responding to authority requests within the ten-day period set by the PPWR
- Providing documentation in the language the requesting authority requires
- Cooperating with Market Surveillance Authorities on measures concerning packaging covered by the mandate
What appointing EARP does and does not do
Appointing EARP does not make your packaging compliant. It makes EARP the party that holds your documentation and responds to authorities. Responsibility for the conformity of the packaging, for the technical documentation and for the declaration of conformity remains yours under PPWR Article 15.
How it works
Confirm your role.
Check whether you are the manufacturer and, separately, the producer in each country you sell into.
Lodge your documentation.
Send us your packaging technical documentation and EU Declaration of Conformity. We review them for completeness and tell you what is present and what is missing.
EARP is named and holds your file.
We are named on your Declaration of Conformity as your Authorized Representative and hold your documentation for the retention period: 5 years for single-use packaging, 10 years for reusable.
Why Choose EARP
An Independent Partner for Packaging Representation
EARP operates as an independent Authorized Representative. We do not participate in product import, distribution or commercial sales, and we are not affiliated with any producer responsibility scheme. This independent structure avoids conflicts of interest and keeps regulatory communication focused on compliance representation.
Working with EARP provides you with:
- A single EU contact across your product and packaging obligations, when packaging is added to your EARP mandate
- Independent representation with no commercial conflict of interest
- Authority requests answered within the ten-day deadline, in the authority's language
Frequently Asked Questions
Is an Article 17 representative mandatory?
Does EARP prepare my technical documentation or Declaration of Conformity?
My importer already has my Declaration of Conformity. Do I still need this?
Does my existing EARP mandate cover packaging?
Do I also need an Article 45 representative?
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