What changed

Recital 3 a (new): (3a) The simplification measures introduced by this Directive should remain temporary, pending the application of the forthcoming Circular Economy Act as announced in the Commission Work programme 2026. The Circular Economy Act is expected to establish a comprehensive and more coherent horizontal framework review of the extended producer responsibilities, including on the obligation of appointing an authorised representative in Member States where a company is not established. This Directive should therefore cease to apply once that broader horizontal review on authorised representatives becomes applicable in order to provide legal consistency.

Recital 3 a (new): (3a) Producers placing products on the market in several Member States are currently subject to divergent registration procedures, reporting formats and information requirements under extended producer responsibility schemes. Such fragmentation creates unnecessary administrative burdens and compliance costs and could hinder the proper functioning of the internal market. In order to support the free movement of goods while ensuring effective implementation and enforcement of extended producer responsibility obligations, pending the application of the [Circular Economy Act], Member States should facilitate the exchange of information concerning producer registrations, compliance status and enforcement actions. In addition, the Union should take the necessary action to ensure the establishment of interoperable digital systems and common reporting requirements enabling producers to fulfil administrative obligations across the Union through simplified and harmonised procedures.

Recital 4 a (new): (4a) The suspension introduced by this Directive should be limited to the administrative requirement concerning the appointment of an authorised representative and should not affect theany other obligations of producers with regards to extended producer responsibility or any environmental objectives establishedset underout in Union law.

Recital 5: (5) With a view to simplifying the requirements onfor micro and small producers,producers established in the Union, and reducing the administrative burden, micro and small producers of textile, textile-related or footwear, electrical and electronical equipment and single use plastic products (‘producers’) should be able to choose whether they appoint an authorised representative for extended producer responsibility when making available products on the market of another Member State where they are not established. Therefore, Member States should not make the appointment of an authorised representative for extended producer responsibility mandatory for micro and small producers established in the Union, but the option for micro and small producers to appoint an authorised representative for extended producer responsibility at their discretion should be maintained. This allows producers who have already appointed an authorised representative for extended producer responsibility to retain their existing arrangements, while immediately alleviating the costs and administrative burden for micro and small producers who wish to not appoint an authorised representative for extended producer responsibility.

This amendment maintains the existing regulatory frameworkRecital applicable7: to(7) producersThe establishedprovisions in third countries under DirectiveDirectives 2008/98/EC, Directive 2012/19/EU and Directive (EU) 2019/904. No additional flexibilities should be granted2019/904 towhich Membermake Statesthe withappointment regardof toan authorised representative requirements,for andextended theproducer applicationresponsibility ofmandatory theshould relevantbe provisionssuspended shoulduntil remain1 asJanuary provided2035 foror underuntil the respective Uniondate legislation.of Thisapplication amendmentof preservesa theUnion mandatorylegal appointmentact ofestablishing ana authorisedhorizontal representativeframework for producers establishedextended inproducer thirdresponsibility, countriesincluding inrules orderon toauthorised ensurerepresentatives effective[Circular traceabilityEconomy andAct enforcementXXX], acrosswhichever theis Union.earlier.

Recital 7: (7) The provisions in Directives 2008/98/EC, 2012/19/EU and (EU) 2019/904 which make the appointment of an authorised representative for extended producer responsibility mandatory should be suspended until 1 January 2035 or the application of the [Circular Economy Act XXX], whichever is earlier.

Recital 8: (8) The Commission is preparing a legislative proposal for a comprehensive reform of the extended producer responsibility system. The proposal is expected to be tabled by the Commission, in accordance with its Work Programme, in 2026 [Circular Economy Act]. The legislative proposal will be subject to the ordinary legislative procedure and, if adopted by the European Parliament and by the Council, the Member States and the producers will have to take the necessary measures to align their regulatory and organisational measures, as well as their conduct to the new rules with regard to the extended producer responsibility.

Recital 8 a (new): (8a) The simplification measures introduced by this Directive should be temporary, pending the application of forthcoming reform and should not lead to reduced traceability, enforcement capacity, or compliance with extended producer responsibility. Therefore, this Directive should cease to apply once that broader horizontal reform on authorised representatives becomes applicable. in order to provide legal consistency.

Recital 8 b (new): (8b) It is necessary that the comprehensive reform of the extended producer responsibility system being undertaken by the Commission establish a harmonised framework of the extended producer responsibility system to facilitate cross-border compliance and ensure interoperability of national EPR schemes, by addressing, among other things, the underlying causes of fragmentation. It is necessary that it introduce harmonised definitions, common minimum requirements for EPR schemes, harmonised fee structures, standardised reporting and data formats, and a Union wide digital one-stop shop for producer registration and compliance. In addition, it needs to strengthen Union-wide monitoring, as well as enforcement, including through the assessment of alternative compliance, traceability and enforcement mechanisms.

Article 1 – paragraph 1 – introductory part: The application of the following provisions is suspended until 1 January 2035 or until the application of the of the [Circular Economy Act XXX], whichever is earlier, to the extent to which it applies to producers established in the Union:

Article 1 – title: Suspension of Article 22a(3) of Directive 2008/98/EC

This amendment ensures that the suspension remains temporary pending the future Circular Economy Act in order to provide legal consistency and preserves the current legal framework for the appointment of an authorised representative for producers established in third countries in order to ensure effective traceability and enforcement across the Union.

Article 1 – paragraph 1 – introductory part: The application of Article 22a(3) of Directive 2008/98/EC is suspended, as regards producers established in the Union qualifying as microenterprises or small enterprises within the meaning of Annex I to Commission Recommendation 2003/361/EC, until 1 January 2035 or until the date of application of a Union legal act establishing a horizontal framework for extended producer responsibility, including rules on authorised representatives [Circular Economy Act XXX], whichever is earlier.

Article 1 – paragraph 1 – point a: deleted

This amendment preserves the current legal framework for the appointment of an authorised representative for producers established in third countries in order to ensure effective traceability and enforcement across the Union.

Article 1 – paragraph 1 – point c: deleted

Article 1 – paragraph 1 a (new): This Directive shall apply only to producers qualifying as ‘microenterprises’ or ‘small enterprises’ within the meaning of Annex I to Commission Recommendation 2003/361/EC, in Article 2(2) and (3) respectively.

Article 1 – paragraph 1 – point d: deleted

This amendment targets the temporary simplification measures at enterprises with the most limited administrative and financial capacity, while preserving the authorised representative requirement for larger enterprises.

Article 1 a (new): Article 1a / Suspension of Article 17(2) of Directive 2012/19/EU / Directive 2012/19/EU is suspended, as regards producers established in the Union qualifying as microenterprises or small enterprises within the meaning of Annex I to Commission Recommendation 2003/361/EC, until 1 January 2035 or until the date of application of a Union legal act establishing a horizontal framework for extended producer responsibility, including rules on authorised representatives [Circular Economy Act XXX], whichever is earlier.

Article 3 – title: Entry into force and application

Article 1 b (new): Article 1b / Suspension of Article 8(7) of Directive (EU) 2019/904 / The application of Article 8(7) of Directive (EU) 2019/904 is suspended, as regards producers established in the Union qualifying as microenterprises or small enterprises within the meaning of Annex I to Commission Recommendation 2003/361/EC, until 1 January 2035 or until the date of application of a Union legal act establishing a horizontal framework for extended producer responsibility, including rules on authorised representatives [Circular Economy Act XXX], whichever is earlier.

Article 3 – paragraph 1 a (new): This Directive shall cease to apply on the date of application of the [Circular Economy Act XXX].

Article 1 c (new): Article 1c / Safeguards / 1. The suspension provided for in this Directive shall be without prejudice to all other obligations of producers under Union law, including registration, reporting, payment of financial contributions, provision of guarantees, participation in extended producer responsibility schemes, and compliance with waste-prevention, collection, reuse and recycling obligations. / 2. Member States shall ensure that the suspension provided for in this Directive do not apply to producers that split or restructure their activities for the purpose of benefiting from this suspension.

This amendment ensures that the suspension remains temporary pending the future Circular Economy Act in order to provide legal consistency.