Text · Amendment list
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
Full title
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
Document ENVI-AM-790772 · COM(2025)0983 – 2025/0396(COD)
- Kind
- Amendment list ENVI-AM-790772
- Date
- 1 July 2026
- Committee
- Committee on the Environment, Climate and Food Safety
- Dossier
- 2025-0396
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- COM(2025)0983 – 2025/0396(COD)
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| Proposal for rejection | |
| The European Parliament rejects [the Commission proposal]. |
| Text proposed by the Commission | Amendment |
|---|---|
| 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 (Text with EEA relevance) | 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 textile, textile-related and footwear waste (Text with EEA relevance) |
| ((This amendment applies throughout the text - any references to the waste in general, waste electrical and electronic equipment and to single use plastics should be deleted) |
It is not appropriate to suspend provisions of laws which are already fully applicable. The EPR provisions of the WEEE Directive are applicable since 13 August 2005, those for single use plastic waste since 31 December 2024 (and since 5 January 2023 for EPR schemes that were established before 4 July 2018). The suspension should only apply in the sense of "stop the clock" for EPR provisions that are not yet applicable - namely the EPR provision for textile, textile-related and footwear waste, which is only applicable as of 17 April 2028.
| Text proposed by the Commission | Amendment |
|---|---|
| (1) The political guidelines for the Commission’s 2024-2029 term3 point to the goal of simplifying, consolidating and codifying legislation to eliminate any overlaps and contradictions while maintaining high standards and staying the course on the goals set out in the European Green Deal. | deleted |
| 3 Europe’s Choice, Political Guidelines for the next European Commission 2024−2029, Ursula von der Leyen. |
Anne-Sophie Frigout, Valérie Deloge, Roman Haider, Marie-Luce Brasier-Clain, Antonín Staněk, Mathilde Androuët
| Text proposed by the Commission | Amendment |
|---|---|
| (1) The political guidelines for the Commission’s 2024-2029 term3point to the goal of simplifying, consolidating and codifying legislation to eliminate any overlaps and contradictions while maintaining high standards and staying the course on the goals set out in the European Green Deal. | (1) The political guidelines for the Commission’s 2024-2029 term3 point to the goal of simplifying, consolidating and codifying legislation to eliminate any overlaps and contradictions with a view to reducing the administrative burden for businesses. |
| 3 Europe’s Choice, Political Guidelines for the next European Commission 2024−2029, Ursula von der Leyen. | 3 Europe’s Choice, Political Guidelines for the next European Commission 2024−2029, Ursula von der Leyen. |
| Text proposed by the Commission | Amendment |
|---|---|
| (2) In its Communication of 11 February 2025 entitled ‘A simpler and faster Europe: Communication on implementation and simplification’,4 the European Commission set out a vision for an implementation and simplification agenda that delivers fast and visible improvements for people and business on the ground. That requires more than an incremental approach and the Union is to take bold action to achieve that goal. The European Parliament, the Council, the Commission, the Member States’ authorities at all levels and stakeholders need to work together to streamline and simplify Union, national and regional rules and implement policies more effectively. | deleted |
| 4 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions of 11 February 2025, ‘A simpler and faster Europe: Communication on implementation and simplification’, COM/2025/47 final. |
| Text proposed by the Commission | Amendment |
|---|---|
| (3) In its Communication on a Strategy for the Single Market5 , the Commission identified as a barrier to the internal market that businesses face inconsistent national regulations which makes it harder to sell, scale or move goods and services across borders. The Commission committed to focus on the ten most harmful barriers as a priority. The Communication identified certain features of extended producer responsibility schemes as one of the barriers most frequently reported by companies operating cross-border in the Union. While extended producer responsibility schemes are derived from Union legislation, a lack of uniformity of principles and requirements has led to a large diversity of extended producer responsibility schemes set up in Member States as well as to regulatory complexity and high administrative burden for companies. This Directive is a first stepping stone to more profound simplification of the extended producer responsibility schemes in the area of waste, while the upcoming Circular Economy act should provide for further simplification. | deleted |
| 5 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions. The Single Market: our European home market in an uncertain world A Strategy for making the Single Market simple, seamless and strong’, COM(2025) 500 final |
Anne-Sophie Frigout, Valérie Deloge, Roman Haider, Marie-Luce Brasier-Clain, Antonín Staněk, Mathilde Androuët
| Text proposed by the Commission | Amendment |
|---|---|
| (3) In its Communication on a Strategy for the Single Market5, the Commission identified as a barrier to the internal market that businesses face inconsistent national regulations which makes it harder to sell, scale or move goods and services across borders. The Commission committed to focus on the ten most harmful barriers as a priority. The Communication identified certain features of extended producer responsibility schemes as one of the barriers most frequently reported by companies operating cross-border in the Union. While extended producer responsibility schemes are derived from Union legislation, a lack of uniformity of principles and requirements has led to a large diversity of extended producer responsibility schemes set up in Member States as well as to regulatory complexity and high administrative burden for companies. This Directive is a first stepping stone to more profound simplification of the extended producer responsibility schemes in the area of waste, while the upcoming Circular Economy act should provide for further simplification. | (3) In its Communication on a Strategy for the Single Market5, the Commission identified as a barrier to the internal market that businesses face inconsistent national regulations which makes it harder to sell, scale or move goods and services across borders. The Commission committed to focus on the ten most harmful barriers as a priority. The Communication identified certain features of extended producer responsibility schemes as one of the barriers most frequently reported by companies operating cross-border in the Union. While extended producer responsibility schemes are derived from Union legislation, a lack of uniformity of principles and requirements has led to a large diversity of extended producer responsibility schemes set up in Member States as well as to regulatory complexity and high administrative burden for companies. This Directive is a first stepping stone to more profound simplification of the extended producer responsibility schemes in the area of waste, while the upcoming Circular Economy act should provide for further simplification while also taking into account the specific circumstances in each Member State. |
| 5 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions. The Single Market: our European home market in an uncertain world A Strategy for making the Single Market simple, seamless and strong’, COM(2025) 500 final | 5 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions The Single Market: our European home market in an uncertain world A Strategy for making the Single Market simple, seamless and strong’, COM(2025) 500 final. |
| Text proposed by the Commission | Amendment |
|---|---|
| (3a) Extended producer responsibility schemes for electrical and electronic equipment waste and single-use plastics are already operational and functioning in many Member States. Any suspension or modification of related compliance obligations should only be undertaken with proper impact assessments to not risk undermining established financing and enforcement structures. By contrast, EPR systems for textiles are still in the process of being fully implemented or further developed across the Union and therefore targeted and proportionate transitional measures may be appropriate to facilitate market participation for micro enterprises without disrupting functioning systems. With this Directive, it is therefore appropriate to limit any temporary suspension of the obligation to appoint an authorised representative strictly to micro enterprises established in the Union and to product areas where EPR systems are not yet fully operational at Union level, namely textile, textile-related and footwear products, while maintaining existing requirements for sectors with established and functioning EPR frameworks. |
| Text proposed by the Commission | Amendment |
|---|---|
| (3a) Producers placing products on the market in several Member States are currently subject to divergent registration procedures, reporting formats and information requirements under extended producer responsibility schemes. Such fragmentation creates unnecessary administrative burdens and compliance costs and may hinder the proper functioning of the internal market. In order to support the free movement of goods while ensuring effective implementation and enforcement of extended producer responsibility obligations, Member States should facilitate the exchange of information concerning producer registrations, compliance status and enforcement actions. At the same time, the Union should encourage interoperable digital systems and common reporting requirements enabling producers to fulfil administrative obligations across the Union through simplified and harmonised procedures. |
| Text proposed by the Commission | Amendment |
|---|---|
| (3a) The simplification measures introduced by this Directive should remain temporary, pending the application of the forthcoming Circular Economy Act as announced in the Commission Work programme 2026. The Circular Economy Act is expected to establish a comprehensive and more coherent horizontal framework review of the extended producer responsibilities, including on the obligation of appointing an authorised representative in Member States where a company is not established. This Directive should therefore cease to apply once that broader horizontal review on authorised representatives becomes applicable in order to provide legal consistency. |
| Text proposed by the Commission | Amendment |
|---|---|
| (3a) The simplification measures introduced by this Directive should be limited to those Union laws that have established the obligation to set up Extended Producer Responsibility schemes, but that were not yet required to be established by 10 December 2025. |
Suspending rules with regard to the appointment of authorised representatives for economic operators placing products on the market in a country in which they are not established in the context of EXISTING EPR schemes (such as for WEEE, SUP or national EPR schemes related to waste) risks undermining the proper financing of those EPR schemes, creating problems of enforcement, increasing the risk of free-riders and thus penalizing economic operators established in that country. It is not appropriate to suspend provisions of laws which are already fully applicable. It would only make things worse pending the adoption of a new system under the Circular Economy Act.
| Text proposed by the Commission | Amendment |
|---|---|
| (3b) The simplification measures introduced by this Directive should remain temporary, pending the application of the forthcoming Circular Economy Act as announced in the Commission Work programme 2026. The Circular Economy Act is expected to establish a comprehensive, coherent and fair horizontal framework of the extended producer responsibilities, including on the obligation of appointing an authorised representative in Member States where a company is not established. This could be best achieved by either an EU-wide digital one-stop system, or a network of interoperable national systems with EU-wide coverage based on harmonised data formats. This Directive should therefore cease to apply once that broader horizontal system becomes applicable in order to provide legal consistency. The scope of this Directive should be without prejudice to the scope of the obligation of appointing an authorised representative under the Circular Economy Act. |
The duration of the suspension must be limited in time to until a revised system is applicable. The EP should seize the opportunity to express how the issue could/should be addressed in the context of the Circular Economy Act. In that context, it is important to stress that the scope of this suspensive act with regard to the actors concerned should not prejudice the scope of the obligation of appointing an authorised representative under the CEA.
| Text proposed by the Commission | Amendment |
|---|---|
| (4) In particular, due to that lack of harmonisation, in particular regarding the current provisions in sectoral legislation for the appointment of an authorised representative for extended producer responsibility, the fulfilment of the obligations related to the appointment may result in an unnecessary administrative burden on producers operating in multiple Member States where they are not established. Particularly for small and medium-sized enterprises, the obligation to appoint authorised representatives separately for every Member State where the producer places products on the market poses a significant challenge in terms of costs. With a view to ensuring equal conditions for producers established in the Union, it is important that the rules for appointing an authorised representative for extended producer responsibility in Directives 2008/98/EC6 , 2012/19/EU7 and (EU) 2019/9048 of the European Parliament and of the Council have the same content. The currently fragmented legal framework for different products and the significant administrative burden associated with fulfilling the requirement to appoint an authorised representative for extended producer responsibility in up to 26 Member States is hampering the competitiveness of producers established in the Union. It is thus crucial to harmonise the existing rules effectively and promptly, reducing the associated burdens on producers. To this effect, the Commission is currently reviewing the effectiveness, the administrative burden entailed and the unintended barriers for the internal market, of the obligation to appoint authorised representatives as a safeguard for the producers’ compliance with the ‘polluter pays‘ principle. This review is likely to lead to alternative solutions which are more effective and less burdensome. | deleted |
| 6 Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste and repealing certain Directives (OJ L 312, 22.11.2008, p. 3) ELI: http://data.europa.eu/eli/dir/2008/98/oj | |
| 7 Directive 2012/19/EU of the European Parliament and of the Council of 4 July 2012 on waste electrical and electronic equipment (WEEE); OJ L 197, 24.7.2012, p. 38, ELI: http://data.europa.eu/eli/dir/2012/19/oj). | |
| 8 Directive (EU) 2019/904 of the European Parliament and of the Council of 5 June 2019 on the reduction of the impact of certain plastic products on the environment, OJ L 155, 12.6.2019, p. 1ELI: http://data.europa.eu/eli/dir/2019/904/oj). |
| Text proposed by the Commission | Amendment |
|---|---|
| (4) In particular, due to that lack of harmonisation, in particular regarding the current provisions in sectoral legislation for the appointment of an authorised representative for extended producer responsibility, the fulfilment of the obligations related to the appointment may result in an unnecessary administrative burden on producers operating in multiple Member States where they are not established. Particularly for small and medium-sized enterprises, the obligation to appoint authorised representatives separately for every Member State where the producer places products on the market poses a significant challenge in terms of costs. With a view to ensuring equal conditions for producers established in the Union, it is important that the rules for appointing an authorised representative for extended producer responsibility in Directives 2008/98/EC6 , 2012/19/EU7 and (EU) 2019/9048 of the European Parliament and of the Council have the same content. The currently fragmented legal framework for different products and the significant administrative burden associated with fulfilling the requirement to appoint an authorised representative for extended producer responsibility in up to 26 Member States is hampering the competitiveness of producers established in the Union. It is thus crucial to harmonise the existing rules effectively and promptly, reducing the associated burdens on producers. To this effect, the Commission is currently reviewing the effectiveness, the administrative burden entailed and the unintended barriers for the internal market, of the obligation to appoint authorised representatives as a safeguard for the producers’ compliance with the ‘polluter pays‘ principle. This review is likely to lead to alternative solutions which are more effective and less burdensome. | (4) The administrative burden associated with the appointment of authorised representatives for extended producer responsibility obligations can be disproportionately burdensome for micro enterprises engaging in cross-border activities within the Union, due to their limited administrative and financial capacity. While micro enterprises represent by far the largest number of companies active on the Union market, they only make a relatively small share of textiles available in another country than the one in which they are established. A targeted and temporary suspension of the obligation to appoint an authorised representative, provided that they only make limited amounts of textile, textile-related and footwear products on the market in countries in which they are not established, should therefore contribute to reducing unnecessary administrative burdens where they are most significant, while preserving the obligation to appoint authorised representatives for larger companies such as small, medium and large enterprises. |
| 6 Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste and repealing certain Directives (OJ L 312, 22.11.2008, p. 3) ELI: http://data.europa.eu/eli/dir/2008/98/oj | |
| 7 Directive 2012/19/EU of the European Parliament and of the Council of 4 July 2012 on waste electrical and electronic equipment (WEEE); OJ L 197, 24.7.2012, p. 38, ELI: http://data.europa.eu/eli/dir/2012/19/oj). | |
| 8 Directive (EU) 2019/904 of the European Parliament and of the Council of 5 June 2019 on the reduction of the impact of certain plastic products on the environment, OJ L 155, 12.6.2019, p. 1ELI: http://data.europa.eu/eli/dir/2019/904/oj). |
Micro companies account for almost 90% of companies making textiles on the market by number and for a sizeable share of the value (around 40%). However, only around 20-25% of micro-companies engage in cross-border sales, with such sales making up around 10% of the overall market value. Small companies account for around 8-9% of companies making textiles available on the market by number with a share of around 20%. However, small textile companies are substantially more internationalised (35-55% of their activities is cross-border), so that they account for a similar cross-border value as micro companies. Given the high number of micro companies, but the relatively limited share of them in cross-border sales, it would be acceptable to temporarily exempt micro companies, but not small companies, as they are ten times less and far more active in cross-border sales. [Figures from AI-based research]
| Text proposed by the Commission | Amendment |
|---|---|
| (4) In particular, due to that lack of harmonisation, in particular regarding the current provisions in sectoral legislation for the appointment of an authorised representative for extended producer responsibility, the fulfilment of the obligations related to the appointment may result in an unnecessary administrative burden on producers operating in multiple Member States where they are not established. Particularly for small and medium-sized enterprises, the obligation to appoint authorised representatives separately for every Member State where the producer places products on the market poses a significant challenge in terms of costs. With a view to ensuring equal conditions for producers established in the Union, it is important that the rules for appointing an authorised representative for extended producer responsibility in Directives 2008/98/EC6 , 2012/19/EU7 and (EU) 2019/9048 of the European Parliament and of the Council have the same content. The currently fragmented legal framework for different products and the significant administrative burden associated with fulfilling the requirement to appoint an authorised representative for extended producer responsibility in up to 26 Member States is hampering the competitiveness of producers established in the Union. It is thus crucial to harmonise the existing rules effectively and promptly, reducing the associated burdens on producers. To this effect, the Commission is currently reviewing the effectiveness, the administrative burden entailed and the unintended barriers for the internal market, of the obligation to appoint authorised representatives as a safeguard for the producers’ compliance with the ‘polluter pays‘ principle. This review is likely to lead to alternative solutions which are more effective and less burdensome. | (4) In particular, due to that lack of harmonisation, the fulfilment of the obligations related to the appointment of an authorised representative for extended producer responsibility may result in an unnecessary administrative and financial burden on micro and small-seized enterprises operating in multiple Member States where they are not established. With a view to ensuring equal conditions for producers established in the Union, it is important that the rules for appointing an authorised representative for extended producer responsibility in Directives 2008/98/EC6 , 2012/19/EU7 and (EU) 2019/9048 of the European Parliament and of the Council have the same content. The currently fragmented legal framework for different products and the significant administrative burden associated with fulfilling the requirement to appoint an authorised representative for extended producer responsibility in up to 26 Member States is hampering the competitiveness of producers established in the Union. It is thus crucial to harmonise the existing rules effectively and promptly, reducing the associated burdens on producers. To this effect, a targeted and temporary suspension of the obligations to appoint an authorised representative should contribute to reducing administrative burdens and compliance costs where they are most significant, in particular for micro and small-sized enterprises established in the Union, while maintaining appropriate safeguards to ensure traceability, effective enforcement and compliance with extended producer responsibility requirements. The Commission is currently reviewing the effectiveness of the obligation to appoint authorised representatives, its related administrative burden and the possible unintended barriers for the internal market, as a safeguard for the producers’ compliance with the ‘polluter pays‘ principle. This review should support the identification of alternative solutions that are more effective, less burdensome and better adapted to facilitating cross-border economic activity within the Union. |
| 6 Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste and repealing certain Directives (OJ L 312, 22.11.2008, p. 3) ELI: http://data.europa.eu/eli/dir/2008/98/oj | 6 Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste and repealing certain Directives (OJ L 312, 22.11.2008, p. 3) ELI: http://data.europa.eu/eli/dir/2008/98/oj |
| 7 Directive 2012/19/EU of the European Parliament and of the Council of 4 July 2012 on waste electrical and electronic equipment (WEEE); OJ L 197, 24.7.2012, p. 38, ELI: http://data.europa.eu/eli/dir/2012/19/oj). | 7 Directive 2012/19/EU of the European Parliament and of the Council of 4 July 2012 on waste electrical and electronic equipment (WEEE); OJ L 197, 24.7.2012, p. 38, ELI: http://data.europa.eu/eli/dir/2012/19/oj). |
| 8 Directive (EU) 2019/904 of the European Parliament and of the Council of 5 June 2019 on the reduction of the impact of certain plastic products on the environment, OJ L 155, 12.6.2019, p. 1ELI: http://data.europa.eu/eli/dir/2019/904/oj). | 8 Directive (EU) 2019/904 of the European Parliament and of the Council of 5 June 2019 on the reduction of the impact of certain plastic products on the environment, OJ L 155, 12.6.2019, p. 1ELI: http://data.europa.eu/eli/dir/2019/904/oj). |
| Text proposed by the Commission | Amendment |
|---|---|
| (4) In particular, due to that lack of harmonisation, in particular regarding the current provisions in sectoral legislation for the appointment of an authorised representative for extended producer responsibility, the fulfilment of the obligations related to the appointment may result in an unnecessary administrative burden on producers operating in multiple Member States where they are not established. Particularly for small and medium-sized enterprises, the obligation to appoint authorised representatives separately for every Member State where the producer places products on the market poses a significant challenge in terms of costs. With a view to ensuring equal conditions for producers established in the Union, it is important that the rules for appointing an authorised representative for extended producer responsibility in Directives 2008/98/EC6 , 2012/19/EU7 and (EU) 2019/9048 of the European Parliament and of the Council have the same content. The currently fragmented legal framework for different products and the significant administrative burden associated with fulfilling the requirement to appoint an authorised representative for extended producer responsibility in up to 26 Member States is hampering the competitiveness of producers established in the Union. It is thus crucial to harmonise the existing rules effectively and promptly, reducing the associated burdens on producers. To this effect, the Commission is currently reviewing the effectiveness, the administrative burden entailed and the unintended barriers for the internal market, of the obligation to appoint authorised representatives as a safeguard for the producers’ compliance with the ‘polluter pays‘ principle. This review is likely to lead to alternative solutions which are more effective and less burdensome. | (4) In particular, due to that lack of harmonisation, in particular regarding the current provisions in sectoral legislation for the appointment of an authorised representative for extended producer responsibility, the fulfilment of the obligations related to the appointment may result in an unnecessary administrative burden on producers operating in multiple Member States where they are not established. Particularly for micro enterprises, the obligation to appoint authorised representatives separately for every Member State where the producer places products on the market poses a significant challenge in terms of costs. Those micro enterprises should be understood by reference to the most recent Union thresholds for micro undertakings, namely undertakings which do not exceed at least two of the following three criteria: a balance-sheet total of EUR 450 000, net turnover of EUR 900 000 and an average number of 10 employees during the financial year, as defined in Directive 2013/34/EU, Article 3(1), as amended by Commission Delegated Directive (EU) 2023/2775, Article 1(1). The currently fragmented legal framework for different products and the significant administrative burden associated with fulfilling the requirement to appoint an authorised representative for extended producer responsibility in up to 26 Member States can hamper the competitiveness of producers established in the Union. It is thus crucial to harmonise the existing rules effectively and promptly, reducing the associated burdens on micro enterprises. To this effect, the Commission is currently reviewing the effectiveness, the administrative burden entailed and the unintended barriers for the internal market, of the obligation to appoint authorised representatives as a safeguard for the producers’ compliance with the ‘polluter pays‘ principle. This review is likely to lead to alternative solutions which are more effective and less burdensome. |
| 6 Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste and repealing certain Directives (OJ L 312, 22.11.2008, p. 3) ELI: http://data.europa.eu/eli/dir/2008/98/oj | |
| 7 Directive 2012/19/EU of the European Parliament and of the Council of 4 July 2012 on waste electrical and electronic equipment (WEEE); OJ L 197, 24.7.2012, p. 38, ELI: http://data.europa.eu/eli/dir/2012/19/oj). | |
| 8 Directive (EU) 2019/904 of the European Parliament and of the Council of 5 June 2019 on the reduction of the impact of certain plastic products on the environment, OJ L 155, 12.6.2019, p. 1ELI: http://data.europa.eu/eli/dir/2019/904/oj). |
Anne-Sophie Frigout, Valérie Deloge, Roman Haider, Marie-Luce Brasier-Clain, Antonín Staněk, Mathilde Androuët
| Text proposed by the Commission | Amendment |
|---|---|
| (4a) Small and medium-sized enterprises, which are an essential part of the European economic fabric, are disproportionately impacted by the administrative obligations linked to extended producer responsibility, in particular due to their resources and production volumes. That administrative burden should be seen in light of an overall context that is particularly unfavourable to the competitiveness of our businesses and is caused primarily by the harmful standards of the Green Deal. |
| Text proposed by the Commission | Amendment |
|---|---|
| (5) With a view to simplifying requirements on producers, and reducing the administrative burden, producers of textile, textile-related or footwear, electrical and electronical equipment and single use plastic products (‘producers’) should be able to choose whether they appoint an authorised representative for extended producer responsibility when making available products on the market of another Member State where they are not established. Therefore, Member States should not make the appointment of an authorised representative for extended producer responsibility mandatory for producers established in the Union, but the option for producers to appoint an authorised representative for extended producer responsibility at their discretion should be maintained. This allows producers who have already appointed an authorised representative for extended producer responsibility to retain their existing arrangements, while immediately alleviating the costs and administrative burden for producers who wish to not appoint an authorised representative for extended producer responsibility. | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| (5) With a view to simplifying requirements on producers, and reducing the administrative burden, producers of textile, textile-related or footwear, electrical and electronical equipment and single use plastic products (‘producers’) should be able to choose whether they appoint an authorised representative for extended producer responsibility when making available products on the market of another Member State where they are not established. Therefore, Member States should not make the appointment of an authorised representative for extended producer responsibility mandatory for producers established in the Union, but the option for producers to appoint an authorised representative for extended producer responsibility at their discretion should be maintained. This allows producers who have already appointed an authorised representative for extended producer responsibility to retain their existing arrangements, while immediately alleviating the costs and administrative burden for producers who wish to not appoint an authorised representative for extended producer responsibility. | (5) With a view to simplifying requirements on producers, and reducing the administrative burden, certain micro producers of textile, textile-related or footwear (‘producers’) should be able to choose whether they appoint an authorised representative for extended producer responsibility when making available products on the market of another Member State where they are not established. Therefore, Member States should not make the appointment of an authorised representative for extended producer responsibility mandatory for micro producers established in the Union, but the option for producers to appoint an authorised representative for extended producer responsibility at their discretion should be maintained. This allows certain micro producers who have already appointed an authorised representative for extended producer responsibility to retain their existing arrangements, while immediately alleviating the costs and administrative burden for micro producers who wish to not appoint an authorised representative for extended producer responsibility. This should only be applicable to micro producers who only make available limited amounts of textile, textile-related or footwear products on the market of another Member State where they are not established. A numerical threshold should be set for this purpose. The Commission should be empowered to modify the numerical limit by delegated act. |
| Text proposed by the Commission | Amendment |
|---|---|
| (5) With a view to simplifying requirements on producers, and reducing the administrative burden, producers of textile, textile-related or footwear, electrical and electronical equipment and single use plastic products (‘producers’) should be able to choose whether they appoint an authorised representative for extended producer responsibility when making available products on the market of another Member State where they are not established. Therefore, Member States should not make the appointment of an authorised representative for extended producer responsibility mandatory for producers established in the Union, but the option for producers to appoint an authorised representative for extended producer responsibility at their discretion should be maintained. This allows producers who have already appointed an authorised representative for extended producer responsibility to retain their existing arrangements, while immediately alleviating the costs and administrative burden for producers who wish to not appoint an authorised representative for extended producer responsibility. | (5) With a view to simplifying requirements on micro enterprises, and reducing the administrative burden, only micro enterprises, as defined in Article 3(1) of Directive 2013/34/EU of the European Parliament and of the Council, among producers of textile, textile-related or footwear (‘producers’) should, on a temporary basis, be able to choose whether they appoint an authorised representative for extended producer responsibility when making available products on the market of another Member State where they are not established. Therefore, Member States should not make the appointment of an authorised representative for extended producer responsibility mandatory for producers that are micro enterprises established in the Union, but the option for those producers to appoint an authorised representative for extended producer responsibility at their discretion should be maintained. This allows producers that are micro enterprises who have already appointed an authorised representative for extended producer responsibility to retain their existing arrangements, while immediately alleviating the costs and administrative burden for producers who wish to not appoint an authorised representative for extended producer responsibility. At the same time, producers established outside the Union should be subject to the obligation to appoint an authorised representative to ensure effective enforcement of extended producer responsibility requirements, legal accountability, efficient market surveillance and a level playing field across the Union. |
The proposed exemption should remain strictly targeted and proportionate. Extended producer responsibility schemes for electrical and electronic equipment waste and single-use plastics are already operational and functioning in many Member States. Any suspension or modification of related compliance obligations should only be undertaken with proper impact assessments to not risk undermining established financing and enforcement structures. By contrast, EPR systems for textiles are still in the process of being fully implemented or further developed across the Union and therefore targeted and proportionate transitional measures may be appropriate to facilitate market participation for micro enterprises without disrupting functioning systems. While the administrative and compliance costs linked to the appointment of an authorised representative may represent a disproportionate burden for micro enterprises, this is generally not the case for bigger economic operators active in cross-border trade. It is therefore appropriate to limit any temporary suspension of the obligation to appoint an authorised representative strictly to micro enterprises established in the Union and to product areas where EPR systems are not yet fully operational at Union level.
| Text proposed by the Commission | Amendment |
|---|---|
| (5) With a view to simplifying requirements on producers, and reducing the administrative burden, producers of textile, textile-related or footwear, electrical and electronical equipment and single use plastic products (‘producers’) should be able to choose whether they appoint an authorised representative for extended producer responsibility when making available products on the market of another Member State where they are not established. Therefore, Member States should not make the appointment of an authorised representative for extended producer responsibility mandatory for producers established in the Union, but the option for producers to appoint an authorised representative for extended producer responsibility at their discretion should be maintained. This allows producers who have already appointed an authorised representative for extended producer responsibility to retain their existing arrangements, while immediately alleviating the costs and administrative burden for producers who wish to not appoint an authorised representative for extended producer responsibility. | (5) With a view to simplifying requirements on producers established in the Union, and reducing the administrative burden, micro and small producers of textile, textile-related or footwear, electrical and electronical equipment and single use plastic products (‘producers’) should be able to choose whether they appoint an authorised representative for extended producer responsibility when making available products on the market of another Member State where they are not established. Therefore, Member States should not make the appointment of an authorised representative for extended producer responsibility mandatory for micro and small producers established in the Union, but the option for those producers to appoint an authorised representative for extended producer responsibility at their discretion should be maintained. This allows those producers who have already appointed an authorised representative for extended producer responsibility to retain their existing arrangements, while immediately alleviating the costs and administrative burden for micro and small producers who wish to not appoint an authorised representative for extended producer responsibility. |
| Text proposed by the Commission | Amendment |
|---|---|
| (5) With a view to simplifying requirements on producers, and reducing the administrative burden, producers of textile, textile-related or footwear, electrical and electronical equipment and single use plastic products (‘producers’) should be able to choose whether they appoint an authorised representative for extended producer responsibility when making available products on the market of another Member State where they are not established. Therefore, Member States should not make the appointment of an authorised representative for extended producer responsibility mandatory for producers established in the Union, but the option for producers to appoint an authorised representative for extended producer responsibility at their discretion should be maintained. This allows producers who have already appointed an authorised representative for extended producer responsibility to retain their existing arrangements, while immediately alleviating the costs and administrative burden for producers who wish to not appoint an authorised representative for extended producer responsibility. | (5) With a view to simplifying requirements on micro and small producers, and reducing the administrative burden, micro and small producers of textile, textile-related or footwear, electrical and electronical equipment and single use plastic products (‘producers’) should be able to choose whether they appoint an authorised representative for extended producer responsibility when making available products on the market of another Member State where they are not established. Therefore, Member States should not make the appointment of an authorised representative for extended producer responsibility mandatory for micro and small producers established in the Union, but the option for micro and small producers to appoint an authorised representative for extended producer responsibility at their discretion should be maintained. This allows producers who have already appointed an authorised representative for extended producer responsibility to retain their existing arrangements, while immediately alleviating the costs and administrative burden for micro and small producers who wish to not appoint an authorised representative for extended producer responsibility. |
| Text proposed by the Commission | Amendment |
|---|---|
| (5) With a view to simplifying requirements on producers, and reducing the administrative burden, producers of textile, textile-related or footwear, electrical and electronical equipment and single use plastic products (‘producers’) should be able to choose whether they appoint an authorised representative for extended producer responsibility when making available products on the market of another Member State where they are not established. Therefore, Member States should not make the appointment of an authorised representative for extended producer responsibility mandatory for producers established in the Union, but the option for producers to appoint an authorised representative for extended producer responsibility at their discretion should be maintained. This allows producers who have already appointed an authorised representative for extended producer responsibility to retain their existing arrangements, while immediately alleviating the costs and administrative burden for producers who wish to not appoint an authorised representative for extended producer responsibility. | (5) With a view to simplifying requirements on small and medium-sized producers, and reducing the administrative burden, small and medium-sized producers of textile, textile-related or footwear, electrical and electronical equipment and single use plastic products (‘producers’) should be able to choose whether they appoint an authorised representative for extended producer responsibility when making available products on the market of another Member State where they are not established. Therefore, Member States should not make the appointment of an authorised representative for extended producer responsibility mandatory for small and medium-sized producers established in the Union, but the option for small and medium-sized producers to appoint an authorised representative for extended producer responsibility at their discretion should be maintained. This allows producers who have already appointed an authorised representative for extended producer responsibility to retain their existing arrangements, while immediately alleviating the costs and administrative burden for small and medium-sized producers who wish to not appoint an authorised representative for extended producer responsibility. |
| Text proposed by the Commission | Amendment |
|---|---|
| (5a) The suspension of the obligation to appoint an authorised representative for producers established in the Union should remain temporary, pending the application of the forthcoming Circular Economy Act and should not lead to reduced traceability, enforcement capacity or compliance with extended producer responsibility. The Commission should use the period of suspension to prepare measures under the forthcoming Circular Economy Act aimed at improving the interoperability of national extended producer responsibility systems, facilitating cross-border compliance and strengthening Union-wide monitoring and enforcement, including through the assessment of alternative compliance, traceability and enforcement mechanisms. |
| Text proposed by the Commission | Amendment |
|---|---|
| (6) Ensuring traceability and enforcement with regards to producers established in third countries is more challenging compared to those operating within the Union, as such producers fall outside the territorial scope of Member States’ enforcement powers and are not covered by the Union administrative and judicial cooperation mechanisms that facilitate the enforcement of obligations and judgments within the internal market. Making the appointment of an authorised representative for extended producer responsibility voluntary for producers established in third countries could thus increase the risk of freeriding, where producers do not fulfil their legal obligations such as registration, reporting, providing a guarantee or participating in a collective scheme, and could create loopholes for non-compliant producers established in third countries. Thus, the provision in Directive 2008/98/EC that allows Member States to provide that a producer established in a third country and making textile, textile-related or footwear products available for the first time on their territory by means of distance contracts directly to end-users is to appoint, by written mandate, a legal or natural person established on their territory as its authorised representative for the purpose of fulfilling the obligations of a producer related to the extended producer responsibility scheme on their territory should remain applicable. However, Member States should be allowed to ensure traceability and enforcement with regard to producers established in third countries through alternative means. | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| (6) Ensuring traceability and enforcement with regards to producers established in third countries is more challenging compared to those operating within the Union, as such producers fall outside the territorial scope of Member States’ enforcement powers and are not covered by the Union administrative and judicial cooperation mechanisms that facilitate the enforcement of obligations and judgments within the internal market. Making the appointment of an authorised representative for extended producer responsibility voluntary for producers established in third countries could thus increase the risk of freeriding, where producers do not fulfil their legal obligations such as registration, reporting, providing a guarantee or participating in a collective scheme, and could create loopholes for non-compliant producers established in third countries. Thus, the provision in Directive 2008/98/EC that allows Member States to provide that a producer established in a third country and making textile, textile-related or footwear products available for the first time on their territory by means of distance contracts directly to end-users is to appoint, by written mandate, a legal or natural person established on their territory as its authorised representative for the purpose of fulfilling the obligations of a producer related to the extended producer responsibility scheme on their territory should remain applicable. However, Member States should be allowed to ensure traceability and enforcement with regard to producers established in third countries through alternative means. | (6) Ensuring traceability and enforcement with regards to producers established in third countries is more challenging compared to those operating within the Union, as such producers fall outside the territorial scope of Member States’ enforcement powers and are not covered by the Union administrative and judicial cooperation mechanisms that facilitate the enforcement of obligations and judgments within the internal market. Making the appointment of an authorised representative for extended producer responsibility voluntary for producers established in third countries could thus increase the risk of freeriding, where producers do not fulfil their legal obligations such as registration, reporting, providing a guarantee or participating in a collective scheme, and could create loopholes for non-compliant producers established in third countries. Thus, the provision in Directive 2008/98/EC that allows Member States to provide that a producer established in a third country and making textile, textile-related or footwear products available for the first time on their territory by means of distance contracts directly to end-users is to appoint, by written mandate, a legal or natural person established on their territory as its authorised representative for the purpose of fulfilling the obligations of a producer related to the extended producer responsibility scheme on their territory should be turned into an obligation for those producers to appoint an authorised representative. |
| Text proposed by the Commission | Amendment |
|---|---|
| (6) Ensuring traceability and enforcement with regards to producers established in third countries is more challenging compared to those operating within the Union, as such producers fall outside the territorial scope of Member States’ enforcement powers and are not covered by the Union administrative and judicial cooperation mechanisms that facilitate the enforcement of obligations and judgments within the internal market. Making the appointment of an authorised representative for extended producer responsibility voluntary for producers established in third countries could thus increase the risk of freeriding, where producers do not fulfil their legal obligations such as registration, reporting, providing a guarantee or participating in a collective scheme, and could create loopholes for non-compliant producers established in third countries. Thus, the provision in Directive 2008/98/EC that allows Member States to provide that a producer established in a third country and making textile, textile-related or footwear products available for the first time on their territory by means of distance contracts directly to end-users is to appoint, by written mandate, a legal or natural person established on their territory as its authorised representative for the purpose of fulfilling the obligations of a producer related to the extended producer responsibility scheme on their territory should remain applicable. However, Member States should be allowed to ensure traceability and enforcement with regard to producers established in third countries through alternative means. | (6) Ensuring traceability and enforcement with regards to producers established in third countries is more challenging compared to those operating within the Union, as such producers fall outside the territorial scope of Member States’ enforcement powers and are not covered by the Union administrative and judicial cooperation mechanisms that facilitate the enforcement of obligations and judgments within the internal market. Making the appointment of an authorised representative for extended producer responsibility voluntary for producers established in third countries could thus increase the risk of freeriding, where producers do not fulfil their legal obligations such as registration, reporting, providing a guarantee or participating in a collective scheme, and could create loopholes for non-compliant producers established in third countries. Thus, the provision in Directive 2008/98/EC that allows Member States to provide that a producer established in a third country and making textile, textile-related or footwear products available for the first time on their territory by means of distance contracts directly to end-users is to appoint, by written mandate, a legal or natural person established on their territory as its authorised representative for the purpose of fulfilling the obligations of a producer related to the extended producer responsibility scheme on their territory should remain applicable. |
| Text proposed by the Commission | Amendment |
|---|---|
| (6) Ensuring traceability and enforcement with regards to producers established in third countries is more challenging compared to those operating within the Union, as such producers fall outside the territorial scope of Member States’ enforcement powers and are not covered by the Union administrative and judicial cooperation mechanisms that facilitate the enforcement of obligations and judgments within the internal market. Making the appointment of an authorised representative for extended producer responsibility voluntary for producers established in third countries could thus increase the risk of freeriding, where producers do not fulfil their legal obligations such as registration, reporting, providing a guarantee or participating in a collective scheme, and could create loopholes for non-compliant producers established in third countries. Thus, the provision in Directive 2008/98/EC that allows Member States to provide that a producer established in a third country and making textile, textile-related or footwear products available for the first time on their territory by means of distance contracts directly to end-users is to appoint, by written mandate, a legal or natural person established on their territory as its authorised representative for the purpose of fulfilling the obligations of a producer related to the extended producer responsibility scheme on their territory should remain applicable. However, Member States should be allowed to ensure traceability and enforcement with regard to producers established in third countries through alternative means. | (6) Ensuring traceability and enforcement with regards to producers established in third countries is more challenging compared to those operating within the Union, as such producers fall outside the territorial scope of Member States’ enforcement powers and are not covered by the Union administrative and judicial cooperation mechanisms that facilitate the enforcement of obligations and judgments within the internal market. Making the appointment of an authorised representative for extended producer responsibility voluntary for producers established in third countries could thus increase the risk of freeriding, where producers do not fulfil their legal obligations such as registration, reporting, providing a guarantee or participating in a collective scheme, and could create loopholes for non-compliant producers established in third countries. Thus, the provision in Directive 2008/98/EC that allows Member States to provide that a producer established in a third country and making textile, textile-related or footwear products available for the first time on their territory by means of distance contracts directly to end-users is to appoint, by written mandate, a legal or natural person established on their territory as its authorised representative for the purpose of fulfilling the obligations of a producer related to the extended producer responsibility scheme on their territory should remain applicable. |
| Text proposed by the Commission | Amendment |
|---|---|
| (6) Ensuring traceability and enforcement with regards to producers established in third countries is more challenging compared to those operating within the Union, as such producers fall outside the territorial scope of Member States’ enforcement powers and are not covered by the Union administrative and judicial cooperation mechanisms that facilitate the enforcement of obligations and judgments within the internal market. Making the appointment of an authorised representative for extended producer responsibility voluntary for producers established in third countries could thus increase the risk of freeriding, where producers do not fulfil their legal obligations such as registration, reporting, providing a guarantee or participating in a collective scheme, and could create loopholes for non-compliant producers established in third countries. Thus, the provision in Directive 2008/98/EC that allows Member States to provide that a producer established in a third country and making textile, textile-related or footwear products available for the first time on their territory by means of distance contracts directly to end-users is to appoint, by written mandate, a legal or natural person established on their territory as its authorised representative for the purpose of fulfilling the obligations of a producer related to the extended producer responsibility scheme on their territory should remain applicable. However, Member States should be allowed to ensure traceability and enforcement with regard to producers established in third countries through alternative means. | (6) Ensuring traceability and enforcement with regards to producers established in third countries is more challenging compared to those operating within the Union, as such producers fall outside the territorial scope of Member States’ enforcement powers and are not covered by the Union administrative and judicial cooperation mechanisms that facilitate the enforcement of obligations and judgments within the internal market. Making the appointment of an authorised representative for extended producer responsibility voluntary for producers established in third countries could thus increase the risk of freeriding, where producers do not fulfil their legal obligations such as registration, reporting, providing a guarantee or participating in a collective scheme, and could create loopholes for non-compliant producers established in third countries. Thus, the provision in Directive 2008/98/EC that allows Member States to provide that a producer established in a third country and making textile, textile-related or footwear products available for the first time on their territory by means of distance contracts directly to end-users is to appoint, by written mandate, a legal or natural person established on their territory as its authorised representative for the purpose of fulfilling the obligations of a producer related to the extended producer responsibility scheme on their territory should remain applicable. |
| Text proposed by the Commission | Amendment |
|---|---|
| (7) The provisions in Directives 2008/98/EC, 2012/19/EU and (EU) 2019/904 which make the appointment of an authorised representative for extended producer responsibility mandatory should be suspended until 1 January 2035. | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| (7) The provisions in Directives 2008/98/EC, 2012/19/EU and (EU) 2019/904 which make the appointment of an authorised representative for extended producer responsibility mandatory should be suspended until 1 January 2035. | (7) The provisions in Directive 2008/98/EC with regard to textile, textile-related or footwear products which make the appointment of an authorised representative for extended producer responsibility mandatory should be suspended until 1 January 2030 or the application of the [Circular Economy Act XXX], whichever is the earlier. |
It is not appropriate to suspend provisions of laws which are already fully applicable. The EPR provisions of the WEEE Directive are applicable since 13 August 2005, those for single use plastic waste since 31 December 2024 (and since 5 January 2023 for EPR schemes that were established before 4 July 2018). The suspension should only apply in the sense of "stop the clock" for EPR provisions that are not yet applicable - namely the EPR provision for textile waste, which is only applicable as of 17 April 2028.
| Text proposed by the Commission | Amendment |
|---|---|
| (7) The provisions in Directives 2008/98/EC, 2012/19/EU and (EU) 2019/904 which make the appointment of an authorised representative for extended producer responsibility mandatory should be suspended until 1 January 2035. | (7) The provisions in Directives 2008/98/EC which make the appointment of an authorised representative for extended producer responsibility mandatory should, for micro enterprises as defined in Article 3(1) of Directive 2013/34/EU of the European Parliament and of the Council, be suspended until 31 December 2029, or until the date of application of a Union legal act establishing a horizontal framework for extended producer responsibility, including rules on authorised representatives, whichever is earlier. |
| Text proposed by the Commission | Amendment |
|---|---|
| (7) The provisions in Directives 2008/98/EC, 2012/19/EU and (EU) 2019/904 which make the appointment of an authorised representative for extended producer responsibility mandatory should be suspended until 1 January 2035. | (7) The provisions in Directives 2008/98/EC, 2012/19/EU and (EU) 2019/904 which make the appointment of an authorised representative for extended producer responsibility mandatory should be suspended until 1 January 2035 or until the date of application of the [Circular Economy Act XXX], whichever is earlier. |
| Text proposed by the Commission | Amendment |
|---|---|
| (7) The provisions in Directives 2008/98/EC, 2012/19/EU and (EU) 2019/904 which make the appointment of an authorised representative for extended producer responsibility mandatory should be suspended until 1 January 2035. | (7) The provisions in Directives 2008/98/EC, 2012/19/EU and (EU) 2019/904 which make the appointment of an authorised representative for extended producer responsibility mandatory should be suspended for small and medium-sized producers until the application of the [Circular Economy Act XXX]. |
| Text proposed by the Commission | Amendment |
|---|---|
| (8) The Commission is preparing a legislative proposal for a comprehensive reform of the extended producer responsibility system. The proposal is expected to be tabled by the Commission, in accordance with its Work Programme, in 2026. The legislative proposal will be subject to the ordinary legislative procedure and, if adopted by the European Parliament and by the Council, the Member States and the producers will have to take the necessary measures to align their regulatory and organisational measures, as well as their conduct to the new rules with regard to the extended producer responsibility. | (8) The Commission is preparing a legislative proposal for a comprehensive reform of the extended producer responsibility system. The proposal is expected to be tabled by the Commission, in accordance with its Work Programme, in 2026. The legislative proposal will be subject to the ordinary legislative procedure and, if adopted by the European Parliament and by the Council, the Member States and the producers will have to take the necessary measures to align their regulatory and organisational measures, as well as their conduct to the new rules with regard to the extended producer responsibility. The simplification measures introduced by this Directive should therefore remain temporary until the more comprehensive reform enters into application. The comprehensive reform should establish a harmonised EU framework of the extended producer responsibility system, by addressing the underlying causes of fragmentation through the introduction of harmonised definitions, common minimum requirements for EPR schemes, based on current best practice, harmonised fee structures, standardised reporting and data formats, and a Union wide digital one-stop shop for producer registration and compliance. |
| Text proposed by the Commission | Amendment |
|---|---|
| (8) The Commission is preparing a legislative proposal for a comprehensive reform of the extended producer responsibility system. The proposal is expected to be tabled by the Commission, in accordance with its Work Programme, in 2026. The legislative proposal will be subject to the ordinary legislative procedure and, if adopted by the European Parliament and by the Council, the Member States and the producers will have to take the necessary measures to align their regulatory and organisational measures, as well as their conduct to the new rules with regard to the extended producer responsibility. | (8) The Commission is preparing a legislative proposal for a comprehensive reform of the extended producer responsibility system. In this reform, the Commission should aim to promote EPR systems, in order to ensure polluters are made responsible for the waste and pollution they produce, and to ensure the eco-modulation of fees. The proposal is expected to be tabled by the Commission, in accordance with its Work Programme, in 2026. The legislative proposal will be subject to the ordinary legislative procedure and, if adopted by the European Parliament and by the Council, the Member States and the producers will have to take the necessary measures to align their regulatory and organisational measures, as well as their conduct to the new rules with regard to the extended producer responsibility. |
| Text proposed by the Commission | Amendment |
|---|---|
| (9) The provisions in Directives 2008/98/EC, 2012/19/EU and (EU) 2019/904 that currently set out that Member States are to allow producers established in the Union to appoint an authorised representative for extended producer responsibility leave a margin of discretion to Member States. Member States should not make the appointment of an authorised representative for extended producer responsibility mandatory in their national legislation. | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| (9) The provisions in Directives 2008/98/EC, 2012/19/EU and (EU) 2019/904 that currently set out that Member States are to allow producers established in the Union to appoint an authorised representative for extended producer responsibility leave a margin of discretion to Member States. Member States should not make the appointment of an authorised representative for extended producer responsibility mandatory in their national legislation. | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| (9) The provisions in Directives 2008/98/EC, 2012/19/EU and (EU) 2019/904 that currently set out that Member States are to allow producers established in the Union to appoint an authorised representative for extended producer responsibility leave a margin of discretion to Member States. Member States should not make the appointment of an authorised representative for extended producer responsibility mandatory in their national legislation. | (9) The provisions in Directive 2008/98/EC with regard to textile, textile-related and footwear products that currently set out that Member States are to allow producers established in the Union to appoint an authorised representative for extended producer responsibility leave a margin of discretion to Member States. Member States should not make the appointment of an authorised representative for extended producer responsibility mandatory in their national legislation for certain micro producers. |
| Text proposed by the Commission | Amendment |
|---|---|
| (9) The provisions in Directives 2008/98/EC, 2012/19/EU and (EU) 2019/904 that currently set out that Member States are to allow producers established in the Union to appoint an authorised representative for extended producer responsibility leave a margin of discretion to Member States. Member States should not make the appointment of an authorised representative for extended producer responsibility mandatory in their national legislation. | (9) The provisions in Directives 2008/98/EC, 2012/19/EU and (EU) 2019/904 that currently set out that Member States are to allow producers established in the Union to appoint an authorised representative for extended producer responsibility leave a margin of discretion to Member States. Member States should not make the appointment of an authorised representative for extended producer responsibility mandatory in their national legislation for micro and small enterprises. |
| Text proposed by the Commission | Amendment |
|---|---|
| (9) The provisions in Directives 2008/98/EC, 2012/19/EU and (EU) 2019/904 that currently set out that Member States are to allow producers established in the Union to appoint an authorised representative for extended producer responsibility leave a margin of discretion to Member States. Member States should not make the appointment of an authorised representative for extended producer responsibility mandatory in their national legislation. | (9) The provisions in Directives 2008/98/EC, 2012/19/EU and (EU) 2019/904 that currently set out that Member States are to allow producers established in the Union to appoint an authorised representative for extended producer responsibility leave a margin of discretion to Member States. Member States should not make the appointment of an authorised representative for extended producer responsibility mandatory in their national legislation for micro and small producers. |
| Text proposed by the Commission | Amendment |
|---|---|
| (9) The provisions in Directives 2008/98/EC, 2012/19/EU and (EU) 2019/904 that currently set out that Member States are to allow producers established in the Union to appoint an authorised representative for extended producer responsibility leave a margin of discretion to Member States. Member States should not make the appointment of an authorised representative for extended producer responsibility mandatory in their national legislation. | (9) The provisions in Directives 2008/98/EC, 2012/19/EU and (EU) 2019/904 that currently set out that Member States are to allow producers established in the Union to appoint an authorised representative for extended producer responsibility leave a margin of discretion to Member States. Member States should not make the appointment of an authorised representative for extended producer responsibility mandatory in their national legislation for small and medium-sized enterprises. |
| Text proposed by the Commission | Amendment |
|---|---|
| (10) Suspending the application of the requirement for producers established in a Member State to appoint authorised representatives for extended producer responsibility when selling products in other Member States serves as a preliminary measure to immediately alleviate burdens and costs for producers who wish to not appoint an authorised representative for extended producer responsibility. This approach paves the way for the implementation of a comprehensive reform of the extended producer responsibility system. | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| (10) Suspending the application of the requirement for producers established in a Member State to appoint authorised representatives for extended producer responsibility when selling products in other Member States serves as a preliminary measure to immediately alleviate burdens and costs for producers who wish to not appoint an authorised representative for extended producer responsibility. This approach paves the way for the implementation of a comprehensive reform of the extended producer responsibility system. | (10) Suspending the application of the requirement for certain micro producers established in a Member State to appoint authorised representatives for extended producer responsibility when selling products in other Member States where such extended producer responsibility schemes were not yet required to be established by 10 December 2025 serves as a preliminary measure to immediately alleviate burdens and costs for producers who wish to not appoint an authorised representative for extended producer responsibility. This approach paves the way for the implementation of a comprehensive reform of the extended producer responsibility system. |
| Text proposed by the Commission | Amendment |
|---|---|
| (10) Suspending the application of the requirement for producers established in a Member State to appoint authorised representatives for extended producer responsibility when selling products in other Member States serves as a preliminary measure to immediately alleviate burdens and costs for producers who wish to not appoint an authorised representative for extended producer responsibility. This approach paves the way for the implementation of a comprehensive reform of the extended producer responsibility system. | (10) Suspending the application of the requirement for producers that are micro enterprises established in a Member State to appoint authorised representatives for extended producer responsibility when selling products in other Member States serves as a preliminary measure to immediately alleviate burdens, where those burdens are disproportionate, and costs for producers that are micro enterprises who wish to not appoint an authorised representative for extended producer responsibility. This approach paves the way for the implementation of a comprehensive reform of the extended producer responsibility system. |
| Text proposed by the Commission | Amendment |
|---|---|
| (10) Suspending the application of the requirement for producers established in a Member State to appoint authorised representatives for extended producer responsibility when selling products in other Member States serves as a preliminary measure to immediately alleviate burdens and costs for producers who wish to not appoint an authorised representative for extended producer responsibility. This approach paves the way for the implementation of a comprehensive reform of the extended producer responsibility system. | (10) Suspending the application of the requirement for micro and small producers established in a Member State to appoint authorised representatives for extended producer responsibility when selling products in other Member States serves as a preliminary measure to immediately alleviate burdens and costs for those producers who wish to not appoint an authorised representative for extended producer responsibility. This approach paves the way for the implementation of a comprehensive reform of the extended producer responsibility system. |
| Text proposed by the Commission | Amendment |
|---|---|
| (10) Suspending the application of the requirement for producers established in a Member State to appoint authorised representatives for extended producer responsibility when selling products in other Member States serves as a preliminary measure to immediately alleviate burdens and costs for producers who wish to not appoint an authorised representative for extended producer responsibility. This approach paves the way for the implementation of a comprehensive reform of the extended producer responsibility system. | (10) Suspending the application of the requirement for micro and small producers established in a Member State to appoint authorised representatives for extended producer responsibility when selling products in other Member States serves as a preliminary measure to immediately alleviate burdens and costs for producers who wish to not appoint an authorised representative for extended producer responsibility. This approach paves the way for the implementation of a comprehensive reform of the extended producer responsibility system. |
| Text proposed by the Commission | Amendment |
|---|---|
| (10) Suspending the application of the requirement for producers established in a Member State to appoint authorised representatives for extended producer responsibility when selling products in other Member States serves as a preliminary measure to immediately alleviate burdens and costs for producers who wish to not appoint an authorised representative for extended producer responsibility. This approach paves the way for the implementation of a comprehensive reform of the extended producer responsibility system. | (10) Suspending the application of the requirement for small and medium-sized producers established in a Member State to appoint authorised representatives for extended producer responsibility when selling products in other Member States serves as a preliminary measure to immediately alleviate burdens and costs for producers who wish to not appoint an authorised representative for extended producer responsibility. This approach paves the way for the implementation of a comprehensive reform of the extended producer responsibility system with a view to reducing the administrative burden on businesses. |
| Text proposed by the Commission | Amendment |
|---|---|
| (11) Since the objectives of this Directive, namely to provide flexibility to producers established in the Union as to whether they appoint an authorised representative for extended producer responsibility, cannot be sufficiently achieved by the Member States but can rather, by reason of the scale and effects of the action, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality as set out in that Article, this Directive does not go beyond what is necessary in order to achieve those objectives, | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| Article 1 | deleted |
| Suspension | |
| The application of the following provisions is suspended until 1 January 2035: | |
| (a) Article 22a(3) of Directive 2008/98/EC. | |
| (b) Member States may either provide that a producer as defined in Article 3(4b), point (d), of that Directive established in a third country and making textile, textile-related or footwear products listed in Annex IVc of that Directive available for the first time on their territory is to appoint, by written mandate, a legal or natural person established on their territory as its authorised representative for the purpose of fulfilling the obligations of a producer related to the extended producer responsibility scheme on their territory or ensure traceability and enforcement with regard to producers established in third countries through alternative means; | |
| (c) Article 17(2) of Directive 2012/19/EU; | |
| (d) Article 8(7) of Directive (EU) 2019/904. |
| Text proposed by the Commission | Amendment |
|---|---|
| The application of the following provisions is suspended until 1 January 2035: | deleted |
| (a) Article 22a(3) of Directive 2008/98/EC. | |
| (b) Member States may either provide that a producer as defined in Article 3(4b), point (d), of that Directive established in a third country and making textile, textile-related or footwear products listed in Annex IVc of that Directive available for the first time on their territory is to appoint, by written mandate, a legal or natural person established on their territory as its authorised representative for the purpose of fulfilling the obligations of a producer related to the extended producer responsibility scheme on their territory or ensure traceability and enforcement with regard to producers established in third countries through alternative means; | |
| (c) Article 17(2) of Directive 2012/19/EU; | |
| (d) Article 8(7) of Directive (EU) 2019/904. |
| Text proposed by the Commission | Amendment |
|---|---|
| The application of the following provisions is suspended until 1 January 2035: | The application of Article 22(a)(3) of Directive 2008/98/EC is suspended for micro enterprises as defined in Commission Recommendation 2003/361/EC until 1 January 2030 or the entry into force of the [Circular Economy Act XXX], whichever is earlier, to the extent to which it applies to producers established in the Union. The suspension shall only be valid for microenterprises in those countries in which they are not established, but in which they make available less than 1000 textile, textile-related or footwear products. |
| The Commission may adopt delegated acts in accordance with Article 38a to amend this Directive by modifying the numerical threshold in the previous subparagraph. | |
| (Consequential change of the amendments by the same author seeking to limit the scope of the suspension to provisions that are not yet applicable) |
A suspension should only be given for EPR schemes that are not yet required to be established, only for micro producers, and subject to a threshold of 1000 items. It should only be applicable until 2030 so as to put pressure on the Commission and on the co-legislators to deliver a new, fair and simple system in the context of the Circular Economy Act in time.
| Text proposed by the Commission | Amendment |
|---|---|
| The application of the following provisions is suspended until 1 January 2035: | The application of the following provisions is suspended until 31 December 2029, or until the date of application of a Union legal act establishing a horizontal framework for extended producer responsibility, including rules on authorised representatives, whichever is earlier, for producers that are micro enterprises as defined in Article 3(1) of Directive 2013/34/EU of the European Parliament and of the Council: |
| Text proposed by the Commission | Amendment |
|---|---|
| The application of the following provisions is suspended until 1 January 2035: | The application of the following provisions is suspended until 1 January 2035 or until the date of application of the [Circular Economy Act XXX], whichever is earlier: |
| Text proposed by the Commission | Amendment |
|---|---|
| The application of the following provisions is suspended until 1 January 2035: | The application of the following provisions is suspended until the application of the [Circular Economy Act XXX]: |
| Text proposed by the Commission | Amendment |
|---|---|
| (a) Article 22a(3) of Directive 2008/98/EC. | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| (a) Article 22a(3) of Directive 2008/98/EC. | deleted |
| (Consequential amendment in light of the integration of the reference to this Directive into the introductory sentence.) |
| Text proposed by the Commission | Amendment |
|---|---|
| (b) Member States may either provide that a producer as defined in Article 3(4b), point (d), of that Directive established in a third country and making textile, textile-related or footwear products listed in Annex IVc of that Directive available for the first time on their territory is to appoint, by written mandate, a legal or natural person established on their territory as its authorised representative for the purpose of fulfilling the obligations of a producer related to the extended producer responsibility scheme on their territory or ensure traceability and enforcement with regard to producers established in third countries through alternative means; | deleted |
Anne-Sophie Frigout, Valérie Deloge, Roman Haider, Marie-Luce Brasier-Clain, Antonín Staněk, Mathilde Androuët
| Text proposed by the Commission | Amendment |
|---|---|
| (b) Member States may either provide that a producer as defined in Article 3(4b), point (d), of that Directive established in a third country and making textile, textile-related or footwear products listed in Annex IVc of that Directive available for the first time on their territory is to appoint, by written mandate, a legal or natural person established on their territory as its authorised representative for the purpose of fulfilling the obligations of a producer related to the extended producer responsibility scheme on their territory or ensure traceability and enforcement with regard to producers established in third countries through alternative means; | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| (b) Member States may either provide that a producer as defined in Article 3(4b), point (d), of that Directive established in a third country and making textile, textile-related or footwear products listed in Annex IVc of that Directive available for the first time on their territory is to appoint, by written mandate, a legal or natural person established on their territory as its authorised representative for the purpose of fulfilling the obligations of a producer related to the extended producer responsibility scheme on their territory or ensure traceability and enforcement with regard to producers established in third countries through alternative means; | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| (b) Member States may either provide that a producer as defined in Article 3(4b), point (d), of that Directive established in a third country and making textile, textile-related or footwear products listed in Annex IVc of that Directive available for the first time on their territory is to appoint, by written mandate, a legal or natural person established on their territory as its authorised representative for the purpose of fulfilling the obligations of a producer related to the extended producer responsibility scheme on their territory or ensure traceability and enforcement with regard to producers established in third countries through alternative means; | (b) Member States shall provide that a producer as defined in Article 3(4b), point (d), of that Directive established in a third country and making textile, textile-related or footwear products listed in Annex IVc of that Directive available for the first time on their territory is to appoint, by written mandate, a legal or natural person established on their territory as its authorised representative for the purpose of fulfilling the obligations of a producer related to the extended producer responsibility scheme on their territory; |
| Text proposed by the Commission | Amendment |
|---|---|
| (b) Member States may either provide that a producer as defined in Article 3(4b), point (d), of that Directive established in a third country and making textile, textile-related or footwear products listed in Annex IVc of that Directive available for the first time on their territory is to appoint, by written mandate, a legal or natural person established on their territory as its authorised representative for the purpose of fulfilling the obligations of a producer related to the extended producer responsibility scheme on their territory or ensure traceability and enforcement with regard to producers established in third countries through alternative means; | (b) Member States may provide that a producer as defined in Article 3(4b), point (d), of that Directive established in a third country and making textile, textile-related or footwear products listed in Annex IVc of that Directive available for the first time on their territory is to appoint, by written mandate, a legal or natural person established on their territory as its authorised representative for the purpose of fulfilling the obligations of a producer related to the extended producer responsibility scheme on their territory; |
| Text proposed by the Commission | Amendment |
|---|---|
| (c) Article 17(2) of Directive 2012/19/EU; | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| (c) Article 17(2) of Directive 2012/19/EU; | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| (c) Article 17(2) of Directive 2012/19/EU; | deleted |
It is not appropriate to suspend provisions of laws which are already fully applicable. The EPR provisions of the WEEE Directive are applicable since 13 August 2005. The suspension should only apply in the sense of "stop the clock" for EPR provisions that are not yet applicable - namely the EPR provision for textile waste, which is only applicable as of 17 April 2028.
| Text proposed by the Commission | Amendment |
|---|---|
| (ca) As regards electrical and electronic equipment producers established in third countries, Member States shall require the appointment of an authorised representative for extended producer responsibility, in order to ensure traceability and enforcement; |
| Text proposed by the Commission | Amendment |
|---|---|
| (d) Article 8(7) of Directive (EU) 2019/904. | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| (d) Article 8(7) of Directive (EU) 2019/904. | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| (d) Article 8(7) of Directive (EU) 2019/904. | deleted |
It is not appropriate to suspend provisions of laws which are already fully applicable. The EPR provisions of the Single Use Plastic waste Directive since 31 December 2024 (and since 5 January 2023 for EPR schemes that were established before 4 July 2018). The suspension should only apply in the sense of "stop the clock" for EPR provisions that are not yet applicable - namely the EPR provision for textile waste, which is only applicable as of 17 April 2028.
| Text proposed by the Commission | Amendment |
|---|---|
| (da) As regards producers established in third countries of single-use plastic products, filled single-use plastic products or fishing gear containing plastic, other than persons carrying out fishing activities as defined in point (28) of Article 4 of Regulation (EU) No 1380/2013, Member States shall require the appointment of an authorised representative for extended producer responsibility, in order to ensure traceability and enforcement. |
| Text proposed by the Commission | Amendment |
|---|---|
| (da) Articles 4, 5 and 7 of Directive (EU) 2019/904, limited to products made of “biodegradable plastic” as defined in Article 3, point 16, of the same Directive. |
The SUP Directive ban on certain single-use plastics creates legal uncertainty where does not clearly defining reusable alternatives and ambiguously addresses biodegradable plastics. This generates confusion for operators and contradicts simplification goals. A targeted suspension is proposed for biodegradable and compostable plastics, covering Articles 4, 5 and 7, to ensure regulatory clarity and alignment with the PPWR through a consistent exemption regime.
| Text proposed by the Commission | Amendment |
|---|---|
| The application of Articles 8, 9 and 10 of Directive (EU) 2024/3019 of the European Parliament and of the Council of 27 November 2024 concerning urban wastewater treatment shall be suspended until the Commission has completed a new impact assessment, as requested by the European Parliament resolution of 18 June 2026 on the implementation of the Urban Wastewater Treatment Directive (UWWTD) and risks to the security of supply of medicines (2026/2652(RSP)). |
| Text proposed by the Commission | Amendment |
|---|---|
| This Regulation shall apply only to producers which employ fewer than 250 people and which have an annual turnover not exceeding EUR 50 million or an annual balance sheet total not exceeding EUR 43 million. |
This regulation should apply only to producers that can be classified as ‘small and medium-sized enterprises’ as defined in Article 2(1) and (2) of the Annex to Commission Recommendation 2003/361/EC.
| Text proposed by the Commission | Amendment |
|---|---|
| Article 1a | |
| Modification | |
| The following sub-paragraphs shall be added to Article 11(1) of Directive 2008/98/EC: | |
| In order to ensure that products imported from third countries and composed of recycled materials make a fair contribution to the achievement of the objectives, the Commission shall, in cooperation with the Member States, develop methods and requirements for the control and traceability of imported recycled materials. For control purposes, undertakings exporting from third countries shall provide verifiable documentation specifying: (a) the origin (post-consumer/pre-consumer); (b) the recycling process (mechanical, chemical); (c) the methodology for calculating the recycled content; (d) the proportion of virgin material incorporated, where applicable. | |
| On the basis of audits demonstrating equivalence to Union standards, the Commission shall publish by delegated act, no later than two years from the date of entry into force of this text, a list of safe countries for the import of products composed of recycled materials. |
It should be ensured that imported products comply with the requirements to be met by European economic operators.
| Text proposed by the Commission | Amendment |
|---|---|
| Article1a | |
| Safeguards | |
| (1) The suspension provided for in Articles 1 shall be without prejudice to all other obligations of producers under Union law, including registration, reporting, payment of financial contributions, provision of guarantees, participation in extended producer responsibility schemes, and compliance with waste-prevention, collection, reuse and recycling obligations. | |
| (2) The suspension shall not apply where a producer has been split or restructured with the purpose of benefitting from this Directive. |
| Text proposed by the Commission | Amendment |
|---|---|
| Article1a | |
| This Directive shall apply only to producers qualifying as ‘microenterprises’ or ‘small enterprises’ within the meaning of Annex I to Commission Recommendation 2003/361/EC, in Article 2(2) and (3) respectively. |
| Text proposed by the Commission | Amendment |
|---|---|
| Article 2 | deleted |
| Transposition | |
| 1. | |
| Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by [OP: please insert date 12 months after entry into force of this Directive] at the latest. They shall forthwith communicate to the Commission the text of those provisions. | |
| When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made. | |
| 2. Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive. |
| Text proposed by the Commission | Amendment |
|---|---|
| Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by [OP: please insert date 12 months after entry into force of this Directive] at the latest. They shall forthwith communicate to the Commission the text of those provisions. | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made. | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| 2. Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive. | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| Article 3 | deleted |
| Entry into force | |
| This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union. |
| Text proposed by the Commission | Amendment |
|---|---|
| Entry into force | Entry into force and application |
| Text proposed by the Commission | Amendment |
|---|---|
| Entry into force | Entry into force and application |
| Text proposed by the Commission | Amendment |
|---|---|
| This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union. | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| This Directive shall cease to apply from the date of application of the [Circular Economy Act XXX]. |
| Text proposed by the Commission | Amendment |
|---|---|
| This Directive shall cease to apply on the date of application of the [Circular Economy Act XXX]. |
| Text proposed by the Commission | Amendment |
|---|---|
| This Directive is addressed to the Member States. | deleted |
Connections
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Sources & citation
Where the facts on this page come from, and how to cite it.
- Data source
- Licensed CC BY 4.0.
- Retrieved
- 25 September 2026
Cite as
European Parliament (2026). “AMENDMENTS 14 - 100 - Draft report 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”. Text, 1 July 2026. docId ENVI-AM-790772. EU Parl Watch Research. https://news.eu-parl.st-solutions.dev/texts/ENVI-AM-790772 (retrieved 25 September 2026). Data: EP Open Data API: document record, https://data.europarl.europa.eu/api/v2/documents/ENVI-AM-790772 (CC BY 4.0).
BibTeX
@misc{epw-text-envi-am-790772,
author = {{European Parliament}},
title = {{AMENDMENTS 14 - 100 - Draft report 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}},
year = {2026},
date = {2026-07-01},
howpublished = {\url{https://news.eu-parl.st-solutions.dev/texts/ENVI-AM-790772}},
url = {https://news.eu-parl.st-solutions.dev/texts/ENVI-AM-790772},
urldate = {2026-09-25},
publisher = {EU Parl Watch Research},
note = {Text. docId ENVI-AM-790772. Data: EP Open Data API: document record (CC BY 4.0)}
}