Article 45 of Regulation (EU) 2025/40, the EU Packaging and Packaging Waste Regulation.
| Applies from | August 12, 2026 |
|---|---|
| Binds | Producers |
| Evidence | Locked read in the EUR-Lex text |
Producers carry extended producer responsibility for packaging they make available for the first time on a member state territory, or that they unpack without being end users. Financial contributions cover the Directive 2008/98/EC cost base plus the costs of labeling waste receptacles under Art. 13 and of compositional surveys of collected mixed municipal waste (Art. 45(2)). Art. 45(1) is the EPR obligation that grade-based eco-modulation acts on, not the modulation duty itself: the duty to modulate contributions by recyclability grade sits in Art. 6(8), and Art. 6(4)(d) empowers the Commission to set the framework. Art. 7(7) recycled-content modulation is permissive, not mandatory. Art. 45(3) requires a producer under Art. 3(1)(15)(c) or (d) to appoint, by written mandate, an authorized representative for extended producer responsibility in each Member State where it first makes packaging available, other than its own; Member States may require the same of producers established in third countries.
For current national EPR rates by member state and material, see the fee tables.