Authorised representative and registration for foreign sellers (2026)
Companies established outside Portugal that sell packaged goods to Portuguese customers must appoint an authorised representative in Portugal to meet their packaging Extended Producer Responsibility (EPR) obligations. Since 12 August 2026, this rule comes directly from the EU Packaging and Packaging Waste Regulation (Regulation (EU) 2025/40, the PPWR), on top of the existing Portuguese regime.
We are seeing a growing number of foreign sellers, many of them selling through online marketplaces, who have started registering in Portugal without realising that a local representative is mandatory, or what that representative's role actually involves. This note summarises who is caught, what the obligations are and where the practical pitfalls lie.
Who needs an authorised representative for packaging EPR in Portugal?
The obligation applies to any producer that makes packaging or packaged products available in Portugal without being established here. The typical case is a company in another EU Member State that sells directly to Portuguese consumers, through its own webshop or an online marketplace.
In practice, this includes:
- distance sellers in another EU Member State shipping packaged goods to Portuguese end users, which are expressly covered by Article 45(3) of the PPWR;
- sellers using marketplaces (Amazon, Worten, eBay and others) or fulfilment services, including the shipping boxes, fillers and tape used for e-commerce orders;
- producers established outside the EU, which Portuguese law also requires to act through a representative established in Portugal.
The obligation is triggered by making packaging available on the Portuguese market. Low volumes may reduce the fees, but they do not remove the need to register and appoint a representative.
What does an EPR authorised representative in Portugal do?
The authorised representative is appointed by written mandate and takes on legal responsibility before the Portuguese Environment Agency (APA) for meeting the producer's EPR obligations. The legal basis is Article 45 of the PPWR, read together with Article 20 of Decree-Law 152-D/2017 (the Unilex regime).
The representative covers registration, the accuracy and timeliness of the declarations, and payment of the eco-fees to the compliance scheme. It is therefore the first entity the authorities will address in case of non-compliance.
Under the statutory form of mandate, the producer is released only once the obligations have actually been fulfilled. Both the producer and the representative therefore remain exposed if, for example, eco-fees are paid late. The APA mandate is a standard form that cannot be amended, so each party's duties should be set out in a separate service agreement.
One representative is needed per Member State. A representative appointed in Spain or France does not cover Portugal.
How to register for packaging EPR in Portugal, step by step
A foreign seller selling packaged goods into Portugal must:
- Appoint an authorised representative in Portugal, using the APA mandate form.
- Register in SILiAmb, APA's producer register, and obtain the Portuguese EPR registration number.
- Classify its packaging by type (primary, secondary or tertiary), by stream (household or non-household) and by material, identifying any reusable packaging.
- Join a licensed compliance scheme for packaging (Sociedade Ponto Verde, Novo Verde or Electrão) and sign its agreement.
- Report the packaging placed on the Portuguese market to the compliance scheme, by material, at the intervals set in that agreement.
- Pay the eco-fees charged by the compliance scheme, calculated on the weight and material of the packaging.
- File the annual declaration with APA by 31 March, correcting the previous year's quantities and estimating the current year's.
The EU proposal to suspend the representative requirement until 2035 (COM(2025) 982) has not been adopted. The Council discontinued negotiations in June 2026, so the obligation applies now. Even if the proposal were adopted, registration, scheme membership, reporting and eco-fees would remain.
Amazon and other marketplaces: why you need a Portuguese EPR registration number
Under the PPWR, online platforms must collect the seller's EPR registration number for each Member State and check that the information is complete. Fulfilment service providers must stop serving sellers who are not registered. Without a valid Portuguese registration number, sellers risk having their listings for Portugal blocked.
The issues we see most often are:
- registering in SILiAmb without appointing a representative, or appointing one without a service agreement that sets out each party's duties;
- misclassifying packaging, especially e-commerce shipping boxes and fillers, or treating household packaging as non-household (or the other way round);
- assuming that a registration in Spain, France or another Member State also covers Portugal;
- under-reporting quantities, which leads to corrections, back-payment of eco-fees and possible penalties;
- relying on the representative to produce the data, when the seller remains responsible for the quantities, weights and materials it reports.
Frequently asked questions
Does an EPR registration in Spain or another EU country cover Portugal?
No. Registration and the authorised representative are required separately in each Member State where packaging is made available. A Spanish or French EPR number does not cover sales to Portuguese customers.
Do sellers established outside the EU need a representative in Portugal?
Yes. Under Article 20 of Decree-Law 152-D/2017, producers established in a third country that sell at a distance directly to end users in Portugal must appoint a representative established in Portugal.
What is SILiAmb?
SILiAmb is APA's integrated environmental licensing system. Producers are registered and declare the packaging they place on the Portuguese market there, either directly or through their authorised representative.
When is the annual packaging declaration due in Portugal?
By 31 March of each year. It corrects the previous year's quantities and estimates those of the current year.
Which packaging compliance schemes operate in Portugal?
Sociedade Ponto Verde, Novo Verde and Electrão are the licensed schemes for packaging. The choice affects the eco-fees and the reporting procedures.
Is the authorised representative requirement being postponed to 2035?
Not at present. The Commission's proposal (COM(2025) 982) has not been adopted, and the Council discontinued negotiations in June 2026. The obligation has applied since 12 August 2026.
EPR authorised representative services in Portugal: how Baker Tilly can help
Baker Tilly Portugal acts as authorised representative for packaging EPR purposes for companies established in other Member States and outside the EU. We prepare the APA mandate, register our clients in SILiAmb, help them classify their packaging and choose a compliance scheme, and prepare and file the periodic and annual declarations.
We can also review a registration already started and fix any gaps before the marketplaces ask for the registration number.