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REPORT (COM(2025)0983 – C100339/2025 – 2025/0396(COD))

On the proposal for a directive of the European Parliament and of the Council suspending the application of the rules on the appointment of authorised representatives for extended producer responsibility for waste, waste electrical and electronical equipment and single use plastic waste

A-10-2026-0267

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 the proposed directive suspends, for micro and small producers established in the Union, the rules requiring an authorised representative for extended producer responsibility for waste, waste electrical and electronic equipment and single-use plastic. The suspension runs until 1 January 2035 or until a Union legal act establishing a horizontal framework for extended producer responsibility applies, whichever is earlier. The appointment stays mandatory for producers established in third countries, and Member States may no longer use alternative enforcement means for them. All other producer obligations remain, and producers that split or restructure to benefit from the suspension are excluded from it.

Committee position. The committee proposes limiting the suspension to micro and small enterprises, ending it when the future Circular Economy Act applies, keeping the authorised representative requirement for third-country producers without alternative enforcement means, and preserving all other producer obligations.

Key points

  1. Suspends Article 22a(3) of Directive 2008/98/EC for producers established in the Union that qualify as microenterprises or small enterprises under Annex I to Commission Recommendation 2003/361/EC.
  2. Suspends Article 17(2) of Directive 2012/19/EU and Article 8(7) of Directive (EU) 2019/904 for the same micro and small producers.
  3. Sets the end of the suspension at 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 existing rule allowing Member States to require third-country producers selling textile, textile-related or footwear products directly to end-users to appoint an authorised representative.
  5. Deletes the Commission's option for Member States to ensure traceability and enforcement for third-country producers through alternative means.
  6. States that Member States should not make the appointment mandatory in national legislation for micro and small enterprises.
  7. Keeps the option for micro and small producers to appoint an authorised representative at their discretion, so existing arrangements can continue.
  8. Limits the suspension to the administrative requirement of appointing an authorised representative and leaves other extended producer responsibility obligations and environmental objectives unaffected.
  9. Requires Member States to ensure the suspension does not apply to producers that split or restructure their activities to benefit from it.
  10. Calls for the future reform to set harmonised definitions, common minimum requirements, harmonised fee structures, standardised reporting and a Union-wide digital one-stop shop for producer registration.
  11. Says Member States should facilitate exchange of information on producer registrations, compliance status and enforcement actions, and that the Union should establish interoperable digital systems and common reporting requirements.
  12. States that the simplification measures are temporary and should cease once the broader horizontal reform on authorised representatives applies.

Who is affected

  • Micro and small producers established in the Union selling in other member states: no longer required to appoint an authorised representative.
  • Producers established in third countries: the authorised representative requirement remains, with no alternative enforcement means for member states.
  • Member states: must not make the appointment mandatory for micro and small enterprises and must exclude producers that split or restructure to benefit.
  • Producers generally: registration, reporting, financial contributions, guarantees, scheme participation and waste obligations continue to apply.

Figures and deadlines

  • 1 January 2035 — date until which the suspension applies at the latest.
  • 2026 — year the Commission is expected to table its reform proposal.

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