A marketplace seller selling packaged goods directly to consumers in an EU country is the PPWR producer there and needs an EPR registration number before first making packaging available. Article 45(4) of Regulation (EU) 2025/40 makes online marketplaces collect that number and a self-certification. The Commission says marketplaces need not ask yet, but national registration rules apply now.
Is a marketplace seller the producer?
Yes, for sales to consumers. The producer definition in Article 3(1)(15) applies “irrespective of the selling technique used, including by means of distance contracts”. Recital 122 says the first offer on an online platform counts as making a product available. A seller in another Member State or outside the EU is the producer in each country where its consumers are.
The producer registers in each Member State of sale before it first makes packaging available there, under Article 44(2) and (4). National registration rules apply until the harmonised registers exist. No single EU number exists. A seller established in another Member State must also appoint an EPR authorised representative in each country of sale under Article 45(3). A proposal to suspend that duty had not become law by 19 October 2026. A Member State may also require one from a seller outside the EU, an option the proposal keeps.
What must the online marketplace collect?
Article 45(4) covers online platforms where consumers conclude distance contracts with producers, such as marketplaces. Before letting a seller trade, the platform obtains:
- the seller’s registration number in the Member State where the consumer is located;
- a self-certification that it only offers packaging for which EPR requirements are met there.
Under Article 45(6), the platform makes best efforts to check this, usually against the public register. A seller that fails to correct its details can be suspended under the Digital Services Act’s traceability rules.
Are small sellers or business marketplaces exempt?
Small sellers are not; the marketplace’s size counts, not the seller’s. The Digital Services Act section behind Article 45(4) excludes micro and small marketplaces, unless they are very large online platforms. A business-to-business marketplace falls outside Article 45(4).
When will marketplaces start asking?
Once the new national registers exist, says the Commission’s small business page. Until then, platforms are “currently not required to ask for an EPR registration number”.
Can the marketplace register or pay for the seller?
It can pay EPR fees under a written mandate, as Article 45(4) allows. The Commission’s FAQ says registration and reporting stay with the producer, its producer responsibility organisation or its authorised representative, which can be the platform if the producer appoints it.
Example (illustrative): a seller outside the EU sells through a consumer marketplace to buyers in France and Italy. It registers in both before first making packaging available there, appoints an EPR authorised representative where either country requires one, and gives the marketplace both numbers and a self-certification. Stock in an EU warehouse adds the fulfilment centre check.
Sources: Regulation (EU) 2025/40 (PPWR), Regulation (EU) 2022/2065, Digital Services Act, Commission small business page, PPWR FAQ, 2nd edition
GreenSutra’s PPWR consulting starts from a list of the marketplaces a seller uses and the countries each ships to. The EU PPWR guide covers registration.