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REPORT (COM(2025)0982 – C100335/2025 – 2025/0395(COD))

On the proposal for a regulation of the European Parliament and of the Council suspending the application of the rules on the appointment of an authorised representative for extended producer responsibility for batteries and waste batteries and packaging and packaging waste

A-10-2026-0266

Committee on the Environment, Climate and Food Safety · Rapporteur: Ingeborg Ter Laak

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Written by a language model from the full text only; every figure comes from the text. The paragraph links open the paragraph a statement rests on — check the text itself before relying on it.

Parliament's amended version of a proposed regulation suspending the rules on appointing an authorised representative for extended producer responsibility for batteries and packaging. The suspension would apply only to micro and small producers established in the Union, until 1 January 2035 or the date a future Circular Economy Act applies, whichever is earlier. Rules for producers established in third countries stay as they are, and member states lose the option of alternative enforcement means. A new article keeps all other producer obligations in place and denies the suspension to producers that split or restructure to benefit from it.

Committee position. The committee proposes limiting the suspension to micro and small enterprises established in the Union, ending it when the future Circular Economy Act applies, keeping current rules for third-country producers, and adding safeguards preserving all other obligations.

Key points

  1. Suspends Article 56(3) of Regulation (EU) 2023/1542 for battery producers established in the Union that are microenterprises or small enterprises under Annex I to Commission Recommendation 2003/361/EC.
  2. Suspends Article 45(3) of Regulation (EU) 2025/40 for packaging producers established in the Union that are microenterprises or small enterprises under the same recommendation.
  3. Both suspensions run until 1 January 2035 or the date a Union legal act establishing a horizontal framework for extended producer responsibility, including rules on authorised representatives, applies, whichever is earlier.
  4. Keeps the current rules for producers established in third countries, including the option for member states to require an authorised representative for packaging producers.
  5. Deletes the provisions that let member states ensure traceability and enforcement for third-country battery and packaging producers through alternative means.
  6. States that the suspension covers only the administrative requirement to appoint an authorised representative and does not affect other extended producer responsibility obligations or environmental objectives.
  7. Adds a safeguards article: the suspension leaves registration, reporting, financial contributions, guarantees, scheme participation and waste-prevention, collection, reuse and recycling obligations untouched.
  8. Denies the suspension to producers that split or restructure their activities to benefit from it.
  9. Notes that producers selling in several member states face divergent registration procedures, reporting formats and information requirements, and says member states should facilitate exchange of information on registrations, compliance status and enforcement.
  10. Says the Union should establish interoperable digital systems and common reporting requirements so producers can meet administrative obligations through simplified, harmonised procedures.
  11. Says the simplification should stay temporary pending the Commission's planned Circular Economy Act, which should set harmonised definitions, common minimum requirements for schemes and harmonised fee structures.
  12. Calls on the Commission to refer the matter to Parliament again if it replaces or substantially amends its proposal.

Who is affected

  • Micro and small battery and packaging producers established in the Union: may choose whether to appoint an authorised representative when selling in another member state.
  • Medium-sized and large producers: keep the authorised representative requirement.
  • Producers established in third countries: current authorised representative rules remain in force.
  • Member states: lose the option to use alternative means of traceability and enforcement for third-country producers.

Figures and deadlines

  • 1 January 2035 — end date of the suspension, unless the future horizontal framework applies earlier.
  • 2026 — year the Commission is expected to table its Circular Economy Act proposal under its Work Programme.

Legal basis: Article 294(2) and Articles 192(1) and 114 of the Treaty on the Functioning of the European Union.