Online Platforms

Online Platforms/Markeprtplaces and Compliance with EPR Obligations for Packaging

Regulation (EU) 2025/40 on packaging and packaging waste (PPWR) introduces new rules for online platforms/marketplaces (hereinafter referred to as “platform”). Pursuant to Article 45(4) of the PPWR, under specified conditions, platform operators may assume responsibility for fulfilling selected extended producer responsibility (EPR) obligations on behalf of their business partners (hereinafter “sellers”) selling through their platform.

EKO‑KOM therefore offers a solution that enables platforms to fulfill their obligations under the EPR system for packaging and packaged products (hereinafter “packaging”) not only for their own packaging supplied to the Czech market, but also for the packaging of products sold by sellers on the platform. This model supports the achievement of the objectives of the PPWR and reduces the risk of non-compliance with legal obligations.

For this purpose, EKO‑KOM has prepared an additional statement to the Contract on Collective Compliance, which sets forth the terms of cooperation and reporting of packaging under this model. In it, the platform declares that it enters into agreements with its sellers and ensures compliance with the relevant EPR obligations on behalf of these sellers with respect to packaging supplied through its platform. At the same time, it can help reduce the administrative burden on sellers who would otherwise have to fulfill their obligations independently.

For more information, including a template for the additional statement, please contact Michaela Česneková: cesnekova@ekokom.cz.

Information for Sellers Using Online Platforms/Marketplaces

Regulation (EU) 2025/40 on Packaging and Packaging Waste (PPWR) governs the role of online platforms/marketplaces (hereinafter referred to as “platform”) in fulfilling extended producer responsibility (EPR) obligations for packaging. Pursuant to Article 45(4) and the relevant contractual provisions, platform operators may ensure, on behalf of their business partners (hereinafter “sellers”), the fulfillment of selected obligations related to packaging and packaged products (hereinafter “packaging”) sold through their platform.

EKO‑KOM offers platforms a model under which they can report on and fulfill obligations related to packaging sold by sellers through their platform and fulfill related EPR obligations within the framework of the collective compliance system.

What does this mean for their sellers?

If the platform through which a seller sells packaging in the Czech Republic offers the option of fulfilling EPR obligations, the seller may fulfill these obligations through the platform to the extent agreed upon in a mutual agreement.

The platform operator may contact the seller to enter into the relevant agreement and provide the data necessary for the recording and reporting of packaging. The terms of cooperation, the scope of the data provided, and the division of rights and obligations between the platform and the seller are set forth by the platform in its terms and conditions. EKO‑KOM is not a party to these contractual relationships and bears no responsibility for their content or performance.

What data may be requested?

The platform may request data from its sellers, in particular regarding:

1. the types and materials of the packaging supplied,
2. the weights of the packaging supplied,
3. the quantities of the packaging supplied,

(the scope of the required data is determined by the platform operator)

Does the seller have to enter into a contract with EKO‑KOM directly?

The platform ensures compliance with obligations only with respect to packaging covered by the mutual agreement with the seller. The seller is solely responsible for packaging not covered by this agreement and must ensure compliance with the relevant obligations on its own, for example, through a Contract on Collective Compliance with EKO‑KOM or via another platform through which it distributes products in the Czech Republic.

Is there an exception for shipping small quantities of packaging?

No. The PPWR regulation does not provide a general exemption from EPR obligations for entities making only small quantities of packaging available on the market. If the conditions for these obligations are met, compliance must be ensured regardless of the quantity or weight of the packaging made available on the market.

Where can I find more information?

If you have questions regarding participation in this model, please contact the operator of the platform through which you sell your products.

Information about the EKO‑KOM collective compliance system can be found on our website, or you can contact the Client department at info@ekokom.cz.