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Suspending authorised-representative rules for extended producer responsibility
Suspending authorised‑representative rules for extended producer responsibility
Camille Siefridt, Members' Research Service
Summary
In October 2026, the European Parliament is due to vote on its negotiating mandates for two 'environmental omnibus' proposals. These proposals would temporarily suspend authorised‑representative rules for certain EU‑based producers under extended producer responsibility, which requires producers to bear the financial, and sometimes operational, responsibility for managing their products once they become waste.
Statement of purpose
First‑reading reports: 2025/0395(COD) and 2025/0396(COD); committee responsible: ENVI; rapporteur: Ingeborg Ter Laak (EPP, the Netherlands).
European Commission proposals and Council position
On 10 December 2025, as part of its Environmental Omnibus VIII package, the European Commission proposed suspending until 1 January 2035 the mandatory appointment of authorised representatives (ARs) by EU‑based cross‑border producers of batteries, packaging, textiles, textile‑related products and footwear, electrical and electronic equipment, and certain single‑use plastic products. Appointment would remain voluntary, while other extended producer responsibility (EPR) obligations would continue to apply. A broader reform is expected under the forthcoming circular economy act. The proposals seek to cut compliance costs while maintaining effective enforcement and preventing free‑riding.
After initially pausing work on the two AR proposals, Member States agreed on 30 September to explore a 'targeted solution' to address the possible disproportionate burden placed on small producers of packaging.
European Parliament position
On 5 October, the Committee on the Environment, Climate and Food Safety (ENVI) adopted a report on each of the two Commission proposals (rapporteur Ingeborg Ter Laak (EPP, the Netherlands)). The report on batteries and packaging was adopted by 74 votes in favour, 0 against, with 4 abstentions, while the one on waste electrical and electronic equipment (WEEE), textile and footwear waste, and single‑use plastic waste was adopted by 72 votes in favour, 0 against, with 5 abstentions. The adopted compromise amendments introduce the following main modifications:
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The temporary suspension would be restricted to microenterprises and small enterprises established in the EU, leaving medium‑sized and large enterprises subject to mandatory AR rules.
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Mandatory AR rules would be maintained for sectors where EPR schemes are already fully operational (such as WEEE and single‑use plastic products).
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Non‑EU producers would remain strictly required to appoint an AR in the relevant Member State to ensure legal accountability, effective and equal enforcement, and market traceability.
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The suspension would end when the forthcoming circular economy act enters into force or on 1 January 2035, whichever is earlier.
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An explicit legal clause would exclude from the small enterprise exemption companies that split or artificially restructure their business activities specifically to qualify for it.
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The suspension would apply solely to the obligation to appoint ARs and would not exempt producers from other EPR obligations, such as financial contributions or recycling targets.
Classification
Policy areas: Environment
Regions: European Union
Committees: Environment, Climate and Food Safety (ENVI)
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