Sign up for our newsletter now
As of: May 21, 2026
Swiss companies that purchase packaging, package their products in Switzerland, and ship the packaged goods directly to end customers or other end users in EU member states.
Note: The following information is not a substitute for legal advice. Specific implementation must be reviewed on a country-by-country basis.
Summary for Swiss shippers
If a Swiss company packages products in Switzerland and these directly to end customers or end users in the EU If this company ships goods, it is subject to the new EU Packaging Regulation PPWR – Regulation (EU) 2025/40 as a „producer“ within the meaning of extended producer responsibility, that is, EPR, apply.
Specifically, this means:
As a general rule, the Swiss mail-order company must determine whether it in every EU member state, in which they deliver packaged goods directly to end customers or end users, must register and participate in a national EPR system. Under the current PPWR regulations, Article 45(3) also stipulates that a producer must, for certain cross-border direct deliveries, Authorized Representative for Extended Producer Responsibility must appoint a representative in the relevant Member State; Member States may also impose this obligation on companies from third countries. The European Commission generally defines EPR as a system in which the producer bears the costs of disposing of or treating the product at the end of its life cycle.
This is particularly relevant for customers who do not have an EU-based company or an existing EPR representative: Without proper EPR registration and a representative structure, further sales or shipments to individual EU countries may be blocked both legally and in practice.
PRODINGER Switzerland supplies packaging to customers in Switzerland. These customers then use the packaging to pack their own products in Switzerland and ship them to end customers in the EU.
In this initial scenario, it is typical that PRODINGER Switzerland is not the EPR responsible party for the packaged goods subsequently shipped to the EU, but rather the party that fills the packaging, offers the packaged goods for sale, and delivers them directly to end users in the EU.
The EU Commission’s guidance distinguishes between the „manufacturer“ for conformity requirements and the „producer“ for EPR. For EPR, the relevant economic operator is generally the one who first makes packaging or packaged products available in a Member State or supplies them directly to end-users in another Member State.
Background: The PPWR
The EU's new Packaging Regulation is the Regulation (EU) No. 2025/40 on Packaging and Packaging Waste. It replaces the previous Packaging Directive 94/62/EC and is generally directly applicable in all EU member states. According to the European Commission, the PPWR entered into force on February 11, 2025 is in effect and, in principle, from August 12, 2026 applicable.
This regulation applies to all packaging and packaging waste, regardless of material or origin, and sets out requirements for manufacturing, composition, reusability, recyclability, labeling, and waste management.
Why Swiss direct mail companies are affected
The PPWR does not apply only to companies based in the EU. The decisive factor is whether packaging or packaged products are made available for the first time within the territory of an EU member state or whether they are delivered directly to end users in a member state.
The Commission Guidelines define the „producer“ for EPR as a manufacturer, importer, or distributor who first places packaging or packaged products on the market in a Member State or supplies them directly to end-users in another Member State. In the case of online or distance sales to end users, the offer made directly to the end user is considered to be a supply in the end user’s Member State.
In practical terms, this means for Swiss companies:
A Swiss retailer, distributor, or manufacturer that packages its products in Switzerland and ships them directly to private end customers or commercial end users in Germany, Austria, France, Italy, or other EU countries may be considered a „producer“ subject to EPR obligations in each relevant destination country.
What is an EPR representative?
An EPR representative is a representative designated in the relevant EU member state who assumes or fulfills certain obligations of the producer in connection with extended producer responsibility. These typically include registration, reporting of quantities, communication with authorities or system operators, and, where applicable, organizing participation in the system.
The European Commission describes the purpose of such an EPR representative as follows: It is intended to ensure that producers who place products on the market in a Member State where they are not established fulfill their EPR obligations and that the costs of waste management in that Member State are covered.
Customer group most affected
This information is intended specifically for Swiss customers who:
These companies, in particular, should review their obligations early on, because EPR obligations are organized on a member-state-by-member-state basis. A customer who ships to Germany, France, and Austria must therefore not only review „EU requirements in general,“ but also the specific requirements in each specific destination country.
Typical real-world scenarios
Case A: A Swiss company sells directly to private customers in Germany
A Swiss company purchases packaging in Switzerland, packages its products in Switzerland, and ships the goods directly to individual end customers in Germany.
In this case, there is strong evidence that the Swiss company is subject to EPR for packaging generated in Germany. It must determine whether registration, participation in a system, reporting of quantities, and an EPR representative in Germany are required. The PPWR provides for producer registers in the member states and requires producers to register in the member states where they first place packaging or packaged products on the market.
Case B: A Swiss company sells to an EU retailer, who resells the goods
A Swiss company supplies packaged goods to a retailer in the EU, who then resells those goods in their member state.
The division of roles may differ in this case. If an EU distributor or importer is the first to place the product on the market in an EU member state, that EU operator may be subject to EPR obligations. The specific contractual and supply structure is decisive.
Case C: Swiss company sells directly to commercial end users in the EU
A Swiss company ships packaged products directly to a company in the EU, which uses the products itself rather than reselling them in their original form.
Commercial end users can also be considered end users. The Commission’s guidelines define an end user as a natural or legal person in the EU to whom a product is supplied as a consumer or professional end user and who does not subsequently make the product available on the market in the form in which it was supplied.
What customers should check now
Customers who ship packaged products directly from Switzerland to the EU should clarify at least the following points:
List destination countries: To which EU member states are packaged goods actually shipped?
Check the distribution channel: Is the shipment being delivered directly to end customers or end users, or to an EU importer or reseller?
Determine role: Is the company in the respective target country a producer as defined by the PPWR/EPR regulations?
Check registration: Is registration required in the relevant national producer registry?
Clarify the EPR system: Is participation in a national take-back, collection, or recycling system required?
Verify authorized representatives: Is an EPR representative required in the relevant Member State?
Prepare data: Packaging materials, weights, packaging types, and quantities by destination country should be systematically recorded.
Important Note on Current EU Developments
At the end of 2025, the European Commission presented a proposal that would suspend the application of Article 45(3) of the PPWR until January 1, 2035. However, this proposal expressly provides that rules for producers from third countries may continue to be treated separately, or that Member States may continue to require an EPR representative for third-country producers.
Swiss companies should therefore exercise caution: even if there are simplifications at the EU level for intra-EU distance sales, this does not automatically mean that Swiss direct sellers without an EU branch are exempt from the requirement to appoint a representative.
Recommendation from PRODINGER Switzerland to affected customers
PRODINGER Switzerland recommends that customers who ship packaged goods from Switzerland directly to end customers or end users in the EU establish their EPR compliance well in advance.
In particular, customers without an EU entity and without an existing EPR representative should have the following checked before expanding their EU shipping operations:
– whether they are considered producers subject to EPR in the respective EU destination country,
– what registration requirements apply,
– which packaging quantities must be reported,
– what costs are incurred by system participants or producer responsibility organizations,
– whether an EPR representative must be appointed in the relevant Member State.
Official sources
The primary sources for this customer information are:
The Regulation (EU) No. 2025/40 on packaging and packaging waste, published in the Official Journal of the European Union on January 22, 2025.
The information page of the European Commission on the Packaging and Packaging Waste Regulation, according to which the PPWR entered into force on February 11, 2025, and will generally apply as of August 12, 2026.
The EU Commission Guidelines on the PPWR dated March 30, 2026, specifically regarding the distinction between producer, manufacturer, end user, and provision in the case of direct deliveries.
The Commission Proposal COM(2025) 982 regarding the possible suspension of Article 45(3) of the PPWR, with particular reference to producers from third countries.
