report parliamentary committee draft, 22 May 2026
On the proposal for a regulation of the European Parliament and of the Council suspending the application of the rules on the appointment of an authorised representative for extended producer responsibility for batteries and waste batteries and packaging and packaging waste
Document ENVI-PR-788916 · (COM(2025)0982 – C100335/2025 – 2025/0395(COD))
Committee on the Environment, Climate and Food Safety · Rapporteur: Ingeborg Ter Laak
AI:In short
This is the rapporteur's draft report on a Commission proposal to suspend, until 1 January 2035, the rules requiring battery and packaging producers to appoint an authorised representative for extended producer responsibility in Member States where they are not established. The draft report proposes amendments limiting the suspension to micro and small enterprises, keeping the requirement for larger firms. It also makes the suspension end earlier if the future Circular Economy Act applies, and keeps the existing rules for producers established in third countries. The amendments state the suspension covers only the administrative appointment requirement and does not affect environmental objectives.
Position. The rapporteur proposes to amend the Commission proposal to limit the suspension to micro and small enterprises, make it temporary pending the Circular Economy Act, and maintain the authorised representative requirement for producers established in third countries.
Key points
- The suspension of the authorised representative requirement should remain temporary, pending the forthcoming Circular Economy Act announced in the Commission Work Programme 2026.
- The administrative burden of appointing authorised representatives is disproportionately burdensome for micro and small enterprises engaging in cross-border activities within the Union.
- The suspension should be limited to the administrative requirement concerning the appointment of an authorised representative and should not affect environmental objectives under Union legislation.
- Micro and small battery producers and packaging producers may choose whether to appoint an authorised representative when making products available in another Member State where they are not established; appointment is not mandatory.
- Existing provisions on appointing an authorised representative for producers established in third countries should be maintained, and Member States should not be allowed to use alternative means for traceability and enforcement.
- The suspension of the appointment requirement for producers established in the Union selling batteries by distance contracts directly to end-users in another Member State should end on 1 January 2035 or when the Circular Economy Act applies, whichever is earlier.
- The suspension of the appointment requirement for producers established in the Union making packaging available for the first time in another Member State directly to end users should end on 1 January 2035 or when the Circular Economy Act applies, whichever is earlier.
- Suspending the requirement for micro and small battery and packaging producers serves as a preliminary measure to alleviate burdens and pave the way for a comprehensive reform of extended producer responsibility.
- The suspension of Article 56(3) of Regulation (EU) 2023/1542 should apply until 1 January 2035 or the application of the Circular Economy Act, whichever is earlier, and only to producers established in the Union.
- The regulation should apply only to producers qualifying as microenterprises or small enterprises under Commission Recommendation 2003/361/EC.
- The suspension of Article 45(3) of Regulation (EU) 2025/40 should apply until 1 January 2035 or the entry into force of the Circular Economy Act, whichever is earlier, and only to producers established in the Union.
- The regulation should cease to apply on the date the Circular Economy Act applies.
Who is affected
- Micro and small battery producers and packaging producers: may choose not to appoint an authorised representative in Member States where they are not established.
- Medium-sized and large producers: the authorised representative requirement is preserved.
- Producers established in third countries: must continue to appoint an authorised representative; no alternative enforcement means for Member States.
- Member States: cannot use alternative means to ensure traceability and enforcement for third-country producers.
Figures and deadlines
- 1 January 2035: date until which the suspension of the authorised representative requirement applies, or the application of the Circular Economy Act, whichever is earlier.
Legal basis. Article 294(2) and Article 192(1) of the Treaty on the Functioning of the European Union.
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Draft european parliament legislative resolution 109 paragraphs
(COM(2025)0982 – C100335/2025 – 2025/0395(COD))
(Ordinary legislative procedure: first reading)
The European Parliament,
–having regard to the Commission proposal to Parliament and the Council (COM(2025)0982),
–having regard to Article 294(2) and Article 192(1) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C100335/2025),
–having regard to Article 294(3) of the Treaty on the Functioning of the European Union,
–having regard to the opinion of the European Economic and Social Committee of 18 March 2026
–having regard to the opinion of the Committee of the Regions of 7 May 2026,
–having regard to Rule 60 of its Rules of Procedure,
–having regard to the opinion of the Committee on the Internal Market and Consumer Protection […]
–having regard to the report of the Committee on the Environment, Climate and Food Safety (A100000/2026),
1.Adopts its position at first reading hereinafter set out;
Read the rest (97 paragraphs)
2.Instructs its President to forward its position to the Council, the Commission and the national parliaments.
Amendment 1
Proposal for a regulation
Recital 3 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (3a) The simplification measures introduced by this Regulation 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 Regulation should therefore cease to apply once that broader horizontal review on authorised representatives becomes applicable in order to provide legal consistency. |
Or. en
Amendment 2
Proposal for a regulation
Recital 4
| 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 in 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 producers are subject to the same rules in all Member States for appointing an authorised representative for extended producer responsibility. The currently fragmented legal framework for different products and the 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 such producers. To this effect, the Commission is currently reviewing the effectiveness, the administrative burden 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 and small enterprises engaging cross-border activities within the Union, due to their limited administrative and financial capacity. While micro and small enterprises represent the majority of companies active on the Union market, they account for a comparatively limited share of the overall volume of products put on the market. A targeted and temporary suspension of the obligation to appoint an authorised representative should therefore contribute to reducing unnecessary administrative burdens where they are most significant, while preserving the authorised representatives for larger companies such as medium and large enterprises. |
Or. en
Amendment 3
Proposal for a regulation
Recital 4 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (4a) The suspension introduced by this Regulation should be limited to the administrative requirement concerning the appointment of an authorised representative and should not affect the environmental objectives established under Union legislation. |
Or. en
Amendment 4
Proposal for a regulation
Recital 5
| Text proposed by the Commission | Amendment |
|---|---|
| (5) With a view to simplifying requirements on producers, and reducing the administrative burden, battery producers and producers of packaging or packaged products (‘packaging 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, but the appointment should not be mandatory. 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 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, micro and small battery producers and producers of packaging or packaged products (‘packaging 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, but the appointment should not be mandatory. 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. |
Or. en
Amendment 5
Proposal for a regulation
Recital 6
| Text proposed by the Commission | Amendment |
|---|---|
| (6) Ensuring traceability and enforcement with regard to battery producers and packaging 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 enable the enforcement of obligations and judgments within the internal market. The existing provisions on the appointment of an authorised representative for extended producer responsibility for producers established in third countries should therefore be maintained in their current form. Thus, the provision in Regulation (EU) 2025/40 of the European Parliament and of the Council6 which sets out that Member States may provide that producers established in third countries are to appoint an authorised representative for extended producer responsibility when making packaging or packaged products available on their territory for the first time should remain applicable. However, Member States should be allowed to ensure traceability and enforcement with regard to packaging producers established in third countries through alternative means. Similarly, the provision in Regulation (EU) 2023/1542 of the European Parliament and of the Council7 which sets out that battery producers that are established in the Union or in third countries and that are making available batteries within the territory of a Member State by means of distance contracts are to appoint an authorised representative should remain applicable to the extent that it covers producers established in third countries. However, Member States should be required to ensure traceability and enforcement with regard to battery producers established in third countries through alternative means. | (6) Ensuring traceability and enforcement with regard to battery producers and packaging 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 enable the enforcement of obligations and judgments within the internal market. The existing provisions on the appointment of an authorised representative for extended producer responsibility for producers established in third countries should therefore be maintained in their current form. Thus, the provision in Regulation (EU) 2025/40 of the European Parliament and of the Council6 which sets out that Member States may provide that producers established in third countries are to appoint an authorised representative for extended producer responsibility when making packaging or packaged products available on their territory for the first time should remain applicable. Similarly, the provision in Regulation (EU) 2023/1542 of the European Parliament and of the Council7 which sets out that battery producers that are established in the Union or in third countries and that are making available batteries within the territory of a Member State by means of distance contracts are to appoint an authorised representative should remain applicable to the extent that it covers producers established in third countries. |
| 6 Regulation (EU) 2025/40 of the European Parliament and of the Council of 19 December 2024 on packaging and packaging waste, amending Regulation (EU) 2019/1020 and Directive (EU) 2019/904, and repealing Directive 94/62/EC (OJ L, 2025/40, 22.1.2025, ELI: http://data.europa.eu/eli/reg/2025/40/oj). | 6 Regulation (EU) 2025/40 of the European Parliament and of the Council of 19 December 2024 on packaging and packaging waste, amending Regulation (EU) 2019/1020 and Directive (EU) 2019/904, and repealing Directive 94/62/EC (OJ L, 2025/40, 22.1.2025, ELI: http://data.europa.eu/eli/reg/2025/40/oj). |
| 7 Regulation (EU) 2023/1542 of the European Parliament and of the Council of 12 July 2023 concerning batteries and waste batteries, amending Directive 2008/98/EC and Regulation (EU) 2019/1020 and repealing Directive 2006/66/EC OJ L 191, 28.7.2023, p. 1, ELI: http://data.europa.eu/eli/reg/2023/1542/oj). | 7 Regulation (EU) 2023/1542 of the European Parliament and of the Council of 12 July 2023 concerning batteries and waste batteries, amending Directive 2008/98/EC and Regulation (EU) 2019/1020 and repealing Directive 2006/66/EC OJ L 191, 28.7.2023, p. 1, ELI: http://data.europa.eu/eli/reg/2023/1542/oj). |
Or. en
Justification
This amendment maintains the existing regulatory framework applicable to producers established in third countries under Regulation (EU) 2023/1542 and Regulation (EU) 2025/40. No additional flexibilities should be granted to Member States with regard to authorised representative requirements, and the application of the relevant provisions should remain as provided for under the respective Union legislation. This amendment preserves the mandatory appointment of an authorised representative for producers established in third countries in order to ensure effective traceability and enforcement across the Union.
Amendment 6
Proposal for a regulation
Recital 7
| Text proposed by the Commission | Amendment |
|---|---|
| (7) The provision in Regulation (EU) 2023/1542 that makes the appointment of an authorised representative for extended producer responsibility for producers established in the Union and selling batteries by means of distance contracts directly to end-users in another Member State mandatory should be suspended until 1 January 2035. | (7) The provision in Regulation (EU) 2023/1542 that makes the appointment of an authorised representative for extended producer responsibility for producers established in the Union and selling batteries by means of distance contracts directly to end-users in another Member State mandatory should be suspended until 1 January 2035 or the application of the [Circular Economy Act XXX], whichever is earlier. |
Or. en
Amendment 7
Proposal for a regulation
Recital 8
| Text proposed by the Commission | Amendment |
|---|---|
| (8) The provision in Regulation (EU) 2025/40 that makes the appointment of an authorised representative for extended producer responsibility for producers established in the Union and making packaging or packaged products available for the first time on the territory of another Member State, directly to end users, mandatory should be suspended until 1 January 2035. | (8) The provision in Regulation (EU) 2025/40 that makes the appointment of an authorised representative for extended producer responsibility for producers established in the Union and making packaging or packaged products available for the first time on the territory of another Member State, directly to end users, mandatory should be suspended until 1 January 2035 or the application of the [Circular Economy Act XXX], whichever is earlier . |
Or. en
Amendment 8
Proposal for a regulation
Recital 10
| Text proposed by the Commission | Amendment |
|---|---|
| (10) Suspending the application of the requirement for battery producers and packaging producers established in one of the Member States to appoint authorised representatives for extended producer responsibility when making batteries or packaging or packaged products available in another Member State serves as a preliminary measure to immediately alleviate burdens for producers, paving 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 battery producers and packaging producers established in one of the Member States to appoint authorised representatives for extended producer responsibility when making batteries or packaging or packaged products available in another Member State serves as a preliminary measure to immediately alleviate burdens for micro and small producers, paving the way for the implementation of a comprehensive reform of the extended producer responsibility system. |
Or. en
Amendment 9
Proposal for a regulation
Article 1 – paragraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| The application of Article 56(3) of Regulation (EU) 2023/1542 shall be suspended until 1 January 2035. | The application of Article 56(3) of Regulation (EU) 2023/1542 shall be suspended until 1 January 2035 or the application of the [Circular Economy Act XXX], whichever is earlier, to the extent to which it applies to producers established in the Union. |
Or. en
Justification
This amendment ensures that the suspension remains temporary pending the future Circular Economy Act in order to provide legal consistency and preserves the mandatory appointment of an authorised representative for producers established in third countries in order to ensure effective traceability and enforcement across the Union.
Amendment 10
Proposal for a regulation
Article 1 – paragraph 1 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| This Regulation 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. |
Or. en
Justification
This amendment targets the temporary simplification measures at enterprises with the most limited administrative and financial capacity, while preserving the authorised representative requirement for larger enterprises.
Amendment 11
Proposal for a regulation
Article 1 – paragraph 2
| Text proposed by the Commission | Amendment |
|---|---|
| As regards battery producers established in third countries, where Member States do not require the appointment of an authorised representative for extended producer responsibility, they shall ensure traceability and enforcement with regard to battery producers established in third countries through alternative means. | deleted |
Or. en
Justification
This amendment preserves the mandatory appointment of an authorised representative for producers established in third countries in order to ensure effective traceability and enforcement across the Union.
Amendment 12
Proposal for a regulation
Article 2 – paragraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| The application of Article 45(3) of Regulation (EU) 2025/40 shall be suspended until 1 January 2035. | The application of Article 45(3) of Regulation (EU) 2025/40 shall be suspended until 1 January 2035 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. |
Or. en
Justification
This amendment ensures that the suspension remains temporary pending the future Circular Economy Act in order to provide legal consistency and preserves the current legal framework for the appointment of an authorised representative for producers established in third countries in order to ensure effective traceability and enforcement across the Union.
Amendment 13
Proposal for a regulation
Article 2 – paragraph 1 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| This Regulation 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. |
Or. en
Justification
This amendment targets the temporary simplification measures at enterprises with the most limited administrative and financial capacity, while preserving the authorised representative requirement for larger enterprises.
Amendment 14
Proposal for a regulation
Article 2 – paragraph 2
| Text proposed by the Commission | Amendment |
|---|---|
| Member States may either provide that producers established in third countries shall appoint, by written mandate, an authorised representative for the extended producer responsibility when making packaging or packaged products available on their territory for the first time or ensure traceability and enforcement with regard to packaging producers established in third countries through alternative means. | deleted |
Or. en
Justification
This amendment preserves the current legal framework for the appointment of an authorised representative for producers established in third countries in order to ensure effective traceability and enforcement across the Union.
Amendment 15
Proposal for a regulation
Article 3 – title
| Text proposed by the Commission | Amendment |
|---|---|
| Entry into force | Entry into force and application |
Or. en
Amendment 16
Proposal for a regulation
Article 3 – paragraph 1 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| This Regulation shall cease to apply on the date of application of the [Circular Economy Act XXX]. |
Or. en
Justification
This amendment ensures that the suspension remains temporary pending the future Circular Economy Act in order to provide legal consistency.
Explanatory statement 5 paragraphs
The Commission proposal aims to temporarily suspend the authorised representative requirements under Regulation (EU) 2023/1542 and Regulation (EU) 2025/40 in order to reduce administrative burdens linked to extended producer responsibility obligations. The Rapporteur welcomes the objective of reducing unnecessary administrative burdens for companies engaging in cross-border activities within the Union and strongly welcomes the Commission’s intention to present a future Circular Economy Act establishing a more coherent and horizontal framework for extended producer responsibility obligations across Union legislation. The rapporteur would like to emphasize the urgent need for such a full-fledged horizontal review, which she expects to address the larger underlying fragmentation resulting in unnecessary administrative burden and costs for businesses. While awaiting these Commission proposal(s) and their legislative adoption, the rapporteur considers that the current proposal should be further refined to ensure that the simplification measures remain targeted and temporary in nature. To this end, the rapporteur proposes several targeted amendments in the draft report.
Firstly, the amendments limit the proposed simplification to micro and small enterprises engaging in cross-border activities within the Union. Such enterprises often face more limited administrative and financial capacity to cope with the current fragmented landscape, whereas medium-sized and large enterprises are generally better equipped to comply with authorised representative requirements. The amendments therefore seek to ensure that the temporary suspension addresses those enterprises for which the administrative burden is most significant, while preserving the authorised representative requirement for larger economic operators.
Secondly, the amendments clarify that the suspension should remain strictly temporary pending the future horizontal review of extended producer responsibility obligations under the forthcoming Circular Economy Act, as announced in the Commission Work Programme 2026. In line with concerns regarding the growing fragmentation of Union legislation in the field of extended producer responsibility, the amendments aim to avoid overlapping regulatory regimes and strengthen legal consistency and coherence across Union legislation. The amendments therefore provide that the suspension shall cease to apply upon application of the future Circular Economy Act.
Thirdly, the amendments maintain the current regulatory framework for producers established in third countries. As recognised by the Commission proposal itself, ensuring traceability and enforcement regarding producers established outside the Union remains significantly more challenging, given that such producers fall outside the territorial scope of Member States’ enforcement powers and Union administrative cooperation mechanisms. In these cases the authorised representative remains an essential enforcement and traceability tool for national authorities. For that reason, the amendments maintain the current regulatory framework with regards to the appointment of authorised representatives for third-country producers and remove the possibility for alternative enforcement mechanisms by Member States, thereby ensuring a clear and uniform enforcement framework across the Union as intended by the respective regulations.
Finally, the amendments clarify that the proposed simplification measures remain strictly limited to the administrative obligation concerning the appointment of authorised representatives and should not affect the effectiveness or enforcement of extended producer responsibility obligations more broadly. In particular, it should be ensured that the objectives of Union environmental legislation remain fully preserved.
Annex: declaration of input 4 paragraphs
Pursuant to Article 8 of Annex I to the Rules of Procedure, the rapporteur declares that she included in her report input on matters pertaining to the subject of the file that she received, in the preparation of the draft report, from the following interest representatives falling within the scope of the Interinstitutional Agreement on a mandatory transparency register, or from the following representatives of public authorities of third countries, including their diplomatic missions and embassies:
| 1. Interest representatives falling within the scope of the Interinstitutional Agreement on a mandatory transparency register |
| Alstom |
| Extended Producer Responsibility Alliance |
| Orgalim – Europe's Technology Industries |
| YARA BELGIUM S.A. |
| The European Organisation for Packaging and the Environment |
| Computer and Communications Industry Association |
| Amazon Europe CORE sarl |
| EUCOBAT |
| The LEGO Group |
| CONAI - Italian National Packaging Consortium |
| APPLiA (Home Appliance Europe) |
| The Danish Chamber of Commerce |
| Steel for Packaging Europe |
| SMEunited aisbl |
| BDE Bundesverband der Deutschen Entsorgungs-, Wasser- und Kreislaufwirtschaft e. V. |
| 2. Representatives of public authorities of third countries, including their diplomatic missions and embassies |
The list above is drawn up under the exclusive responsibility of the rapporteur.
Where natural persons are identified in the list by their name, by their function or by both, the rapporteur declares that she has submitted to the natural persons concerned the European Parliament's Data Protection Notice No 484 (https://www.europarl.europa.eu/data-protect/index.do), which sets out the conditions applicable to the processing of their personal data and the rights linked to that processing.