compliance teamPPWR authorised representative in Italy: mandate, domicile and filings
Step 1
Confirm whether Article 45 applies
Step 2
Separate the contracted roles
Step 3
Execute a written mandate
Step 4
Retain filings and later changes
| Control | Evidence to retain |
|---|---|
| Scope | Entity, product, channel, stream and source |
| External action | Version, date, authorised filer and issued receipt |
| Maintenance | Source data, approval, invoice and next deadline |
The PPWR duty is not limited to distance selling
Article 45(3) requires a producer established in another EU Member State that makes packaging or packaged products available in Italy for the first time directly to the end user to appoint an EPR authorised representative there by written mandate. Distance contracts are included rather than defining the whole scope, and the rule covers producer profiles 3(15)(c) and (d). A professional buyer can be an end user when it does not resell the product as supplied; a sale to an Italian importer or reseller must be distinguished.
For a producer established in a third country, Article 45 leaves the obligation to a Member State choice; do not state that Italy exercised that choice without primary evidence. The proposed suspension until 2035 is still pending.
Four roles that must not be confused
An EPR authorised representative acts under the PPWR mandate. A domicilio speciale receives CONAI communications. A filing delegate submits authorised forms. A fiscal representative carries tax responsibilities and is not the service described here.
The service is also not a producer responsibility organisation and must never imply CONAI appointment or endorsement.
Make the mandate traceable
Record the parties, powers, territory, start date, signatures and termination route. Link each filing to the authority or consortium process it supports.
Changes in EU or Italian implementation may alter the required mechanism. Preserve versions so the file can be updated without rewriting its history.
Conclusion
Scope comes before a form. Connect the legal entity, product, sales channel and EPR stream to the rule that actually applies.
Evidence must remain traceable. Keep source data, versions, approvals, filings, receipts and every record issued by an external body.
Third-party decisions are never guaranteed. CONAI, public registers, collective systems and marketplaces control their own procedures, timing and decisions.