Suspending the application of the rules on extended producer responsibility for waste, waste electrical and electronical equipment and single use plastic waste (Omnibus VIII on environmental legislation)
TA-10-2026-0344 · P10_TA(2026)0344 · PE788.917
- Adopted in plenary on · Adopted 612–8–39 · See the decision →
- Full procedure 2025/0396
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Parliament's amended version of a proposed directive suspends, for micro and small producers established in the Union, the requirement to appoint an authorised representative for extended producer responsibility.¶¶¶ The suspension covers Article 22a(3) of Directive 2008/98/EC, Article 17(2) of Directive 2012/19/EU and Article 8(7) of Directive (EU) 2019/904.¶ It lasts until 1 January 2035 or until a Union legal act establishing a horizontal framework for extended producer responsibility applies, whichever is earlier.¶ Member States must not make the appointment mandatory for micro and small enterprises, and must prevent producers from splitting or restructuring activities to benefit from the suspension.¶¶ All other producer obligations, such as registration, reporting, financial contributions and recycling duties, remain in place.¶
Key points
- Producers placing products on several member states' markets face divergent registration, reporting and information requirements; member states should facilitate exchange of information on registrations, compliance and enforcement.¶
- The Union should establish interoperable digital systems and common reporting requirements so producers can meet administrative obligations through simplified, harmonised procedures.
- The administrative burden of appointing authorised representatives can be disproportionately heavy for micro and small enterprises engaged in cross-border activities.¶
- The suspension is limited to the administrative requirement to appoint an authorised representative and does not affect other extended producer responsibility obligations or environmental objectives.¶
- Micro and small producers established in the Union may choose whether to appoint an authorised representative when selling in another member state; member states must not make it mandatory for them.¶¶¶
- For producers established in third countries, member states may still require appointment of an authorised representative for textile, textile-related or footwear products sold directly to end-users by distance contracts.¶
- The provisions making appointment mandatory are suspended until 1 January 2035 or until a Union legal act establishing a horizontal framework for extended producer responsibility applies, whichever is earlier.¶¶¶
- The Commission is preparing a legislative proposal for a comprehensive reform of extended producer responsibility, expected in 2026 under the Circular Economy Act.¶
- The simplification measures are temporary and should not reduce traceability, enforcement capacity or compliance; the directive ceases to apply once the broader reform applies.¶
- The reform should establish a harmonised framework with common definitions, minimum requirements, fee structures, reporting formats and a Union-wide digital one-stop shop for registration and compliance.¶
- The suspension does not affect other obligations such as registration, reporting, financial contributions, guarantees, participation in schemes, and waste-prevention, collection, reuse and recycling duties.¶
- Member states must ensure the suspension does not apply to producers that split or restructure their activities to benefit from it.
Who is affected
- Micro and small producers established in the Union: may choose not to appoint an authorised representative for extended producer responsibility in other member states.¶¶¶
- Producers established in third countries: member states may still require an authorised representative for textile, textile-related or footwear products sold directly to end-users.¶
- Member states: must not make appointment mandatory for micro and small enterprises and must prevent restructuring to benefit from the suspension.¶¶
- Producers that split or restructure activities: excluded from the suspension.