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Suspending the application of the rules on extended producer responsibility for batteries and waste batteries and packaging and packaging waste (Omnibus VIII on environmental legislation)

TA-10-2026-0345 · P10_TA(2026)0345 · PE788.916

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Parliament's amended version of a proposed regulation suspends, for micro and small producers established in the Union, the requirement to appoint an authorised representative for extended producer responsibility for batteries and packaging. The suspension runs until 1 January 2035 or until a Union act establishing a horizontal framework for extended producer responsibility applies, whichever is earlier. It covers only the appointment requirement and leaves all other producer obligations, such as registration, reporting, financial contributions and collection, reuse and recycling duties, in place. Producers that split or restructure their activities to benefit from the suspension are excluded from it. The text calls on member states to facilitate exchange of information on producer registrations, compliance status and enforcement actions, and on the Union to set up interoperable digital systems and common reporting requirements.

Key points

  1. Parliament adds a recital noting that divergent registration procedures, reporting formats and information requirements across member states create administrative burdens and may hinder the internal market.
  2. Member states should facilitate the exchange of information on producer registrations, compliance status and enforcement actions, pending application of the Circular Economy Act.
  3. The Union should take the necessary action to establish interoperable digital systems and common reporting requirements so producers can meet administrative obligations through simplified, harmonised procedures.
  4. The administrative burden of appointing authorised representatives can be disproportionately heavy for micro and small enterprises engaging in cross-border activities.
  5. 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 under Union law.
  6. Micro and small battery producers and packaging producers established in the Union may choose whether to appoint an authorised representative when making products available in another member state; appointment is not mandatory.
  7. Producers who have already appointed an authorised representative may keep their existing arrangements.
  8. Existing provisions on authorised representatives for producers established in third countries are maintained in their current form.
  9. The suspension of Article 56(3) of Regulation (EU) 2023/1542 applies to battery producers established in the Union qualifying as microenterprises or small enterprises under Annex I to Commission Recommendation 2003/361/EC.
  10. The suspension of Article 45(3) of Regulation (EU) 2025/40 applies to packaging producers established in the Union qualifying as microenterprises or small enterprises under the same Annex.
  11. A new article states that the suspension is without prejudice to all other producer obligations under Union law, including registration, reporting, financial contributions, guarantees, participation in schemes and waste-prevention, collection, reuse and recycling obligations.
  12. The suspension does not apply to producers that split or restructure their activities to benefit from it.

Who is affected

  • Micro and small battery producers established in the Union: they may choose not to appoint an authorised representative when selling in another member state.
  • Micro and small packaging producers established in the Union: they may choose not to appoint an authorised representative when making packaging available in another member state.
  • Producers established in third countries: existing rules on appointing an authorised representative remain in their current form.
  • Member states: they should facilitate exchange of information on registrations, compliance status and enforcement actions.

Figures and deadlines

  • 1 January 2035 — end date of the suspension, or the date a horizontal framework applies, whichever is earlier.
  • 2026 — year the Commission is expected to table its proposal for a comprehensive reform of the extended producer responsibility system.