Parliament and Council set out positions on EPR authorised representative requirements

The European Parliament and the Council have adopted their respective negotiating positions on proposals to temporarily suspend certain requirements to appoint authorised representatives under Extended Producer Responsibility (EPR) rules.

The Parliament’s position covers several product groups, including packaging, textiles and footwear. The Council’s position set out below relates specifically to packaging under the Packaging and Packaging Waste Regulation (PPWR). The two institutions propose different conditions for the suspension, which will need to be discussed in negotiations.

European Parliament position

The European Parliament has backed a targeted suspension for EU-based micro and small enterprises, covering packaging, batteries, textiles, footwear, electronics and single-use plastics. Under its position:

• The suspension would apply until 2035, or until the Circular Economy Act is adopted.
• Non-EU companies would still be required to appoint authorised representatives.
• Other EPR obligations, including waste prevention and fee obligations, would remain unchanged.
• Member States would be encouraged to improve information exchange, develop interoperable digital systems and move towards common reporting requirements.

Parliament’s position on textiles, footwear, electronics and single-use plastics was adopted by a large majority. However, the proposed suspension is narrower than FESI’s position, which calls for it to apply to EU-established companies of all sizes.

Further information is available in the European Parliament’s press release.

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Council position on packaging

The Council has agreed its negotiating position on the proposed suspension of certain authorised representative requirements under the PPWR. It proposes that EU-established producers of packaging and packaged products may be exempted from appointing an authorised representative in another Member State where they place less than one tonne of packaging per calendar year on that market.

The Council’s position also includes:

• A safeguard clause where a producer is found to be in breach of its EPR obligations.
• A Commission review by 31 December 2030, ahead of the suspension’s currently scheduled expiry in 2032.

The Council has indicated that a more comprehensive solution for EPR schemes is expected under the forthcoming Circular Economy Act.

Further information, including comments from the Irish Presidency, is available in the Council’s press release.

Next steps

The Council and Parliament can now begin negotiations on the final text. The positions described above are therefore not final requirements.

FESI will continue to monitor the discussions and advocate for a broader, more harmonised approach to authorised representative requirements and EPR compliance across the Single Market. Members will be informed of further developments.

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