In our previous articles, we have explored the different economic operators defined under the PPWR, as well as the producer definition, which may apply to three of these operators: the manufacturer, the importer, and the distributor.
However, another important actor deserves special attention: the Authorised Representative (AR).
Both producers and manufacturers are required to comply with a wide range of obligations, some of which are implemented and enforced at national level. Extended Producer Responsibility (EPR) obligations, such as registration, reporting requirements, and the payment of national fees and contributions must generally be fulfilled in each Member State where the obligations arise.
Managing these responsibilities can represent a significant administrative burden, particularly for companies operating in multiple EU Member States. At the same time, national authorities may face practical challenges when communicating with, supervising, or enforcing obligations against producers established abroad. For this reason, the appointment of an Authorised Representative is often required and, even where it is not mandatory, may be highly beneficial for the producer.
The PPWR distinguishes between two different types of Authorised Representatives, as defined in Article 3(19) and Article 3(20).
The first type is an Authorised Representative acting on behalf of the manufacturer for specific obligations under the Regulation. This representative may be established in any EU Member State.
The second type relates specifically to EPR obligations and acts on behalf of the producer. In this case, the Authorised Representative must be established in the Member State where the producer is subject to EPR requirements.
While Member States are often given discretion regarding the implementation of EPR schemes, the PPWR introduces specific requirements concerning the appointment of Authorised Representatives. As a result, companies qualifying as producers may be required to appoint an AR.
The exact application of these provisions is still under discussion. Current negotiations suggest that, for companies established within the European Union, the obligation to appoint an Authorised Representative for EPR purposes may be deferred for up to ten years.
This postponement is not expected to apply to companies established outside the European Union. For producers based in third countries, the appointment of an Authorised Representative is likely to remain mandatory from the outset.
Whether you are assessing your PPWR obligations or looking for guidance on specific requirements, our experts are here to support you every step of the way.