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PPWR — Article 45

The article's text

Article 45 Extended producer responsibility 1. Producers shall have extended producer responsibility under the schemes established in accordance with Articles 8 and 8a of Directive 2008/98/EC and with this Section for the packaging, including packaging of packaged products, that they make available for the first time on the territory of a Member State or that they unpack without being end users. they make available for the first time on the territory of a Member State or that they unpack without being end users. 2. In addition to the costs referred to in Article 8a(4), point (a), of Directive 2008/98/EC, the financial contributions paid by the producer shall cover the following costs: (a) costs of labelling waste receptacles for the collection of packaging waste as referred to in Article 13 of this Regulation; and (b) costs of carrying out compositional surveys of collected mixed municipal waste under Commission Implementing Regulation (EU) 2023/595 (74) and under the implementing acts to be adopted pursuant to Article 56(7), point (a), of this Regulation where those implementing acts provide for an obligation to carry out such surveys. The costs to be covered shall be established
full text
in a transparent, proportional, non-discriminatory and efficient way. costs to be covered shall be established in a transparent, proportional, non-discriminatory and efficient way. 3. 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 the producer makes packaging or packaged products available for the first time, other than the Member State where the producer is established. Member States may provide that producers established in third countries shall appoint, by written mandate, an authorised representative for the extended producer responsibility when making packaging or packaged products available on their territory for the first time. producer responsibility when making packaging or packaged products available on their territory for the first time. 4. For the purposes of compliance with Article 30(1), points (d) and (e), of Regulation (EU) 2022/2065, providers of online platforms that fall within the scope of Section 4 of Chapter III of that Regulation and that allow consumers to conclude distance contracts with producers shall obtain the following information from producers that offer packaging or packaged products to consumers located in the Union prior to allowing those producers to use their services: (a) information on the registration of the producers referred to in Article 44 of this Regulation in the Member State where the consumer is located and the registration number(s) of the producer in that register; (b) a self-certification by the producer confirming that it only offers packaging with regard to which the extended producer responsibility requirements referred to in paragraphs 1, 2 and3 of this Article are complied with in the Member State where the consumer is located. Where a producer sells its products via an online marketplace, the obligations set out in paragraph 2 of this Article may, on the basis of written mandate, be met by the provider of the online platform, on behalf of the producer. Article may, on the basis of written mandate, be met by the provider of the online platform, on behalf of the producer. 5. Member States may provide that, where automated data reconciliation with the national register is provided for in that Member State, it shall be applicable for verification of the information referred to in paragraph 4, points (a) and (b). 6. Upon receiving the information referred to in paragraph 4 and prior to allowing producers to use its services, the provider of the online platform shall make best efforts to assess whether the information received is complete and reliable. of the online platform shall make best efforts to assess whether the information received is complete and reliable. 7. Producers offering packaging or packaged products to consumers located in the Union shall provide fulfilment service providers with the information referred to in paragraph 4, points (a) and (b), of this Article at the moment of the conclusion of the contract between the fulfilment service provider and the producer for any of the services referred to in Article 3, point (11), of Regulation (EU) 2019/1020. 8. and the producer for any of the services referred to in Article 3, point (11), of Regulation (EU) 2019/1020. 8. Upon receiving the information referred to in paragraph 7of this Article and at the moment of the conclusion of the contract between the fulfilment service provider and the producer for any of the services referred to in Article 3, point (11), of Regulation (EU) 2019/1020, the fulfilment service provider shall, through the use of any freely accessible official online database or online interface made available by a Member State or the Union or by means of the publicly available registration list under Article 44(13) of this Regulation or requests to the producer to provide supporting documents from reliable sources, make best efforts to assess whether the information referred to in paragraph 7 of this Article is reliable and complete. best efforts to assess whether the information referred to in paragraph 7 of this Article is reliable and complete. For the purposes of this Regulation, producers shall be responsible for the accuracy of the information provided. Where the fulfilment service provider obtains sufficient indications or has reason to believe that any item of information referred to in paragraph 7 obtained from the producer concerned is inaccurate, incomplete or not up-to-date, that fulfilment service provider shall request that the producer remedies that situation without delay or within the period set by Union or national law, as applicable. the producer remedies that situation without delay or within the period set by Union or national law, as applicable. Where the producer fails to correct or complete that information, the fulfilment service provider shall swiftly suspend the provision of its service to that producer in relation to the offering of packaging or packaged products to consumers located in the Union until the request has been fully complied with. The fulfilment service provider shall provide the producer with the reasons for the suspension. fully complied with. The fulfilment service provider shall provide the producer with the reasons for the suspension. 9. Without prejudice to Article 4 of Regulation (EU) 2019/1150 of the European Parliament and of the Council (75), in the event that a fulfilment service provider suspends the provision of its services pursuant to paragraph 8 of this Article, the producer concerned shall have the right to challenge the decision of the fulfilment service provider before a court in a Member State in which the fulfilment service provider is established.

Who tried to change it in committee

Committee-stage amendments targeting exactly this article, by political group. Justifications verbatim, in the authors' own words.

GroupAmendments
ID36
PPE34
Renew12
7
ECR4
S&D2

Source: the committee amendment documents. n = 18 amendments targeting this article.

Henna Virkkunen, Jessica Polfjärd — Article 45 – paragraph 2 – point b
In order to serve the harmonisation goal of this legislative review and to preserve the internal market of packaging and packaged goods, Member States should not introduce requirements additional to the ones laid down in the Regulation.
Massimiliano Salini, Francesca Peppucci, Marian-Jean Marinescu, Fulvio Martusciello, Adam Jarubas, Isabel Benjumea Benjumea, Dolors Montserrat — Article 45 – paragraph 2 – point b
Member States shall not be permitted to establish requirements beyond those established in the Regulation in order to maintain the proposal's spirit of harmonisation and to protect the EU internal market for packaging and packaged goods.
Michal Wiezik, Róża Thun und Hohenstein — Article 45 – paragraph 2 – point b
it is unclear how ' informing consumers about the cost of single-use packaging at the point of sale'' is an economic incentive. charging them for it is

What plenary voted on this article

Every vote on this article's amendments, from the voting-results minutes. The bar shows the split; hover for exact counts.

Amfor/against/abstainedLT votesGroups
434Drejected
280adopted
365rejected
366rejected

Source: the European Parliament's voting-results minutes. n = 4 votes on this article; 'LT votes' is how many Lithuanian members voted for/against in that vote (from roll-call records; not every vote is a roll-call).

Who wrote about this article in the consultations

Filers who named this exact article number in their own text. It is their sentence, not our reading — and not a causal claim.

37
company
21
EU citizen
15
business association
6
NGO
1
consumer organisation
WhoCountryWhat they wrote
PLnia opakowań tam, gdzie nie jestem zarejestrowany, i ten zakaz nie ma progu: nie ma ilości tak małej, żeby obowiązek nie powstał. Art. 45 ust. 3 każe dodatkowo wyznaczyć upoważnionego przedstawiciela osobno w każdym z tych państw. Sprzedaż jednemu klientowi za
IKG crewshop24.comDEthe information provided is reliable and complete, by using or verifying freely available online databases and online interfaces (Article 45(6) PPWR). This may include requesting the producers to provide supporting documents (Article 45(8) PPWR). Making best e
CNSBII - Corpo Nazionale delle Sentinelle dei Bacini idrografici ItalianiITti finanziari versati dai produttori per adempiere ai loro obblighi in materia di responsabilità estesa del produttore di cui all’articolo 45 possono essere modulati in base alla percentuale di contenuto riciclato utilizzato nell’imballaggio. Tale eventuale mo
Pharmabinoid BVNLbility framework. Article 44 of Regulation (EU) 2025/40 provides for producer registers in each Member State. More significantly, Article 45(3) requires certain producers making packaged products available in another Member State to appoint an authorised repre
Joachim MoensBEuthorised representatives, and multiple compliance processes for the same packaging. While we support the objectives of the PPWR, Article 45 introduces avoidable administrative barriers for companies operating across borders. A more harmonised European system
EAS ProjectEEmarket's core promise is simple: a product legally sold in one member state can be sold in all of them. PPWR breaks that promise. Article 45 requires a separate authorised representative in every member state of non-establishment, by law, with no pan-EU option
Marco RibertiITfrom cross-border sales rather than absorbing it. I understand that the appointment of authorised representatives is governed by Article 45(3) and is outside the scope of this act. I therefore limit my proposals to what this implementing act can deliver, and
BEby the registration architecture this act will define. The problem Registration under Art. 44 and authorised representation under Art. 45 are fixed costs per Member State. They do not scale with volume. One cross-border parcel a year earns me around EUR 300; q
LTArticle 44 requires registration in every Member State where I first make packaged goods available. Article 45(3) requires an authorised representative in every Member State where I am not established. There is no threshold, not by turnover, not by parcels, no
Marco SeitzROre legislative action rather than this implementing act. Article 44(2) requires registration in each relevant Member State, while Article 45(3) requires certain cross-border distance sellers to appoint an EPR authorised representative in every Member State con
My Pretty CircusDEProzent der Zehn-Tonnen-Schwelle, ab der die Verordnung an anderer Stelle Erleichterungen vorsieht. Meine Stellungnahme betrifft Art. 45 Abs. 3 der Verordnung (EU) 2025/40, die Pflicht, im Fernabsatz für jeden Mitgliedstaat gesondert einen Bevollmächtigten zu
IMPLICA SCRAP PARA ENVASES INDUSTRIALES Y COMERCIALESESand the possibility of verifying the information provided to online platforms and fulfilment service providers (recital (11) and Article 45(4) and (7) of Regulation (EU) 2025/40), given their value against free- riding in e-commerce and in the import of small
Kate TaylorGBith Germany's LUCID system and paid our recycling fees, every year, without issue. From 12 August 2026, we can no longer do this: Article 45 now requires a locally established authorised representative in every member state we ship to, adding a recurring third
PWRGUM GmbHDEiedstaat geht in die richtige Richtung. Die entscheidende Belastung für kleine Unternehmen liegt aber nicht im Format, sondern in Artikel 45 Absatz 3. Die Pflicht, in jedem Zielland einen Bevollmächtigten zu benennen, gilt ohne Bagatellgrenze unabhängig davon,
Redfield RecordsDEsoloselbstständigen, international agierenden Musiklabels (seit 2001, Niedersachsen) bin ich von der Bevollmächtigtenpflicht nach Art. 45 Abs. 3 PPWR stark betroffen sowohl als Hersteller eigener Releases als auch als Vertreiber fremder Ware, da beide Rollen b
Heid&ShoesDEnt of producers’ extended producer responsibility obligations, the format should allow that the information submitted pursuant to Article 45(4) and (7) of Regulation (EU) 2025/40 to providers of online platforms and fulfilment service providers can be verified
Vassalli AGCHs Gegenteil. Die Kombination aus nationaler Registrierung, nationalem Systemvertrag und eigenem Bevollmächtigten je Zielland nach Artikel 45 Absatz 3 führt dazu, dass Kleinstunternehmen den grenzüberschreitenden Versand einstellen. Deutsche Branchenverbände be
LIGHTSTOCK GmbHDEtbewerbern eine kostenlose Marktübersicht. Für den Kontrollzweck genügen Firmierung und Registernummer. 6. Das Zusammenwirken mit Art. 45 ist der eigentliche Marktaustrittsgrund. Registrierung, Systembeteiligung und Bevollmächtigter kosten je Land & Jahr menge
Brummerhoop GmbHDElies only if an authorised representative is appointed. F Part B Declaration on how the producer meets its responsibilities under Article 45 of Regulation (EU) 2025/40 Type of information Description Type of information Registration number in the register of p
FRObjet : Impact du mandataire PPWR (Art. 45.3) sur le lancement des micro-entreprises et proposition de solution simplifiée ​Bonjour, ​Je suis en phase de lancement de ma marque de soins du visage basée en France. En tant que future micro-entrepreneuse, l'accès
The Role Play GoblinNLg fee is a few euros per country at my volume, and I would pay it without complaint. The authorised representative required under Article 45(3) is typically EUR 150 to EUR 1,000 per country per year, it is 70 to 90 per cent of the total everywhere I looked, an
Dejama home interiorsNLtwo numbers. The eco-fees we genuinely owe on our packaging a printed carton and a mailer come to about 50 a year. Complying with Article 45(3) of Regulation (EU) 2025/40, in force since 12 August 2026, will cost us over 10,000 a year. Two hundred times the en
ReFairIT GmbHDEhältnissen Arbeitszeit, die in einem Kleinunternehmen an anderer Stelle fehlt. Hinzu kommt eine Wettbewerbsverzerrung: Zwar sieht Art. 45 Abs. 3 PPWR die Bevollmächtigtenpflicht formal auch für Hersteller aus Drittstaaten vor, doch bei Kleinsendungen im Direkt
ADCS GmbH & Co. KGDEKommission dieses Problem inzwischen selbst erkannt hat. Mit COM(2025) 982 wurde vorgeschlagen, die verpflichtende Anwendung von Artikel 45 Absatz 3 PPWR bis zum 1. Januar 2035 auszusetzen. In der Begründung wird ausdrücklich auf die erhebliche Belastung insb
Klinzmann IT ConsultingDEa point in the PPWR that directly affects me as a small business owner: the requirement to appoint an authorised representative (Art. 45 PPWR) for cross border sales. From 12 August 2026, any retailer selling packaged goods into an EU member state where they
Sebastian DumjahnDEend customers in other EU Member States by mail order. Since Regulation (EU) 2025/40 (PPWR) became applicable on 12 August 2026, Article 45(3) requires me to appoint an authorised representative for extended producer responsibility in every single country I s
S7ors.nlNLeffect: fixed compliance costs per Member State make cross-border trade economically impossible for micro-businesses. Correcting Article 45(3) is urgently needed, but I hope the Commission will also evaluate why the existing impact-assessment process did not
Uncanny CollectiblesIEthe problem rather than cements it. Under Article 44 of the PPWR there are 27 separate national registers and no EU portal. Under Article 45(3) I must appoint and pay an authorised representative in every member state I ship to. I priced this with one of the m
Rolf VeenESope of this act Recorded for completeness; being submitted separately to the appropriate venues. Per-country registration and the Article 45(3) representative. Article 44(4) makes registration a condition of market access in each Member State. These, not the f
Vinylove.deDEonsumers in all other EU Member States, with roughly 2000 shipments per year. Since the PPWR became applicable on 12 August 2026, Article 45(3) requires me to appoint an authorised representative for extended producer responsibility in every country I ship to,

Source: public consultation submissions and position papers. n = 84 mentions; counted as a literal reference to the article number.

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