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DRAFT REPORT (COM(2025)0983 – C100339/2025 – 2025/0396(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 authorised representatives for extended producer responsibility for waste, waste electrical and electronical equipment and single use plastic waste

ENVI-PR-788917

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

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This is the rapporteur's draft report on the Commission proposal to suspend rules requiring producers to appoint authorised representatives for extended producer responsibility for waste, waste electrical and electronic equipment and single-use plastic waste. The draft report limits the suspension to micro and small enterprises established in the Union that sell products in other member states, and keeps the appointment requirement for larger enterprises. It keeps the existing rules for producers established in third countries, including the mandatory appointment of an authorised representative, and removes the option for member states to use alternative enforcement means. The suspension would last until 1 January 2035 or until the future Circular Economy Act applies, whichever is earlier, and the directive would cease to apply when that act applies. The report states the suspension covers only the administrative requirement to appoint an authorised representative and does not affect environmental objectives under Union law.

Committee position. The rapporteur proposes to amend the Commission proposal so that the suspension applies only to micro and small enterprises established in the Union, remains temporary until the Circular Economy Act applies, and keeps the mandatory authorised representative requirement for third-country producers.

Key points

  1. The draft report adopts Parliament's position at first reading on the Commission proposal to suspend authorised representative rules for extended producer responsibility.
  2. The suspension should be temporary, pending the forthcoming Circular Economy Act announced in the Commission Work Programme 2026, which is expected to set a horizontal framework for extended producer responsibility.
  3. The administrative burden of appointing authorised representatives for extended producer responsibility can be disproportionately burdensome for micro and small enterprises engaging in cross-border activities within the Union.
  4. The suspension should be limited to the administrative requirement to appoint an authorised representative and should not affect environmental objectives under Union law.
  5. Micro and small producers should be able to choose whether to appoint an authorised representative when selling in another member state where they are not established, and member states should not make this mandatory for them.
  6. Producers who have already appointed an authorised representative can keep their existing arrangements.
  7. For producers established in third countries, the appointment of an authorised representative remains mandatory, because traceability and enforcement are more challenging for them.
  8. Member states should not be allowed to use alternative means to ensure traceability and enforcement for third-country producers; the existing framework under Directives 2008/98/EC, 2012/19/EU and (EU) 2019/904 is maintained.
  9. The suspension of the relevant provisions lasts until 1 January 2035 or until the Circular Economy Act applies, whichever is earlier.
  10. Member states should not make the appointment of an authorised representative mandatory in national legislation for micro and small enterprises.
  11. The directive applies only to producers qualifying as microenterprises or small enterprises under Commission Recommendation 2003/361/EC, preserving the requirement for larger enterprises.
  12. The directive ceases to apply on the date the Circular Economy Act applies.

Who is affected

  • Micro and small enterprises established in the Union that sell products in other member states: they may choose not to appoint an authorised representative.
  • Medium-sized and large enterprises: the authorised representative requirement is preserved for them.
  • Producers established in third countries: they must still appoint an authorised representative.
  • Member states: they should not make the appointment mandatory for micro and small enterprises and cannot use alternative enforcement means for third-country producers.

Figures and deadlines

  • 1 January 2035: date until which the suspension applies, or until the Circular Economy Act applies, whichever is earlier.

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