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 authorised representatives for extended producer responsibility for waste, waste electrical and electronical equipment and single use plastic waste
Document ENVI-PR-788917 · (COM(2025)0983 – C100339/2025 – 2025/0396(COD))
Committee on the Environment, Climate and Food Safety · Rapporteur: Ingeborg Ter Laak
AI:In short
This is the rapporteur's draft report on the Commission proposal to suspend rules requiring producers to appoint authorised representatives for extended producer responsibility for waste, waste electrical and electronic equipment and single-use plastic waste. The draft report limits the suspension to micro and small enterprises established in the Union that sell products in other member states, and keeps the appointment requirement for larger enterprises. It keeps the existing rules for producers established in third countries, including the mandatory appointment of an authorised representative, and removes the option for member states to use alternative enforcement means. The suspension would last until 1 January 2035 or until the future Circular Economy Act applies, whichever is earlier, and the directive would cease to apply when that act applies. The report states the suspension covers only the administrative requirement to appoint an authorised representative and does not affect environmental objectives under Union law.
Position. The rapporteur proposes to amend the Commission proposal so that the suspension applies only to micro and small enterprises established in the Union, remains temporary until the Circular Economy Act applies, and keeps the mandatory authorised representative requirement for third-country producers.
Key points
- The draft report adopts Parliament's position at first reading on the Commission proposal to suspend authorised representative rules for extended producer responsibility.
- The suspension should be temporary, pending the forthcoming Circular Economy Act announced in the Commission Work Programme 2026, which is expected to set a horizontal framework for extended producer responsibility.
- The administrative burden of appointing authorised representatives for extended producer responsibility can be disproportionately burdensome for micro and small enterprises engaging in cross-border activities within the Union.
- The suspension should be limited to the administrative requirement to appoint an authorised representative and should not affect environmental objectives under Union law.
- Micro and small producers should be able to choose whether to appoint an authorised representative when selling in another member state where they are not established, and member states should not make this mandatory for them.
- Producers who have already appointed an authorised representative can keep their existing arrangements.
- For producers established in third countries, the appointment of an authorised representative remains mandatory, because traceability and enforcement are more challenging for them.
- Member states should not be allowed to use alternative means to ensure traceability and enforcement for third-country producers; the existing framework under Directives 2008/98/EC, 2012/19/EU and (EU) 2019/904 is maintained.
- The suspension of the relevant provisions lasts until 1 January 2035 or until the Circular Economy Act applies, whichever is earlier.
- Member states should not make the appointment of an authorised representative mandatory in national legislation for micro and small enterprises.
- The directive applies only to producers qualifying as microenterprises or small enterprises under Commission Recommendation 2003/361/EC, preserving the requirement for larger enterprises.
- The directive ceases to apply on the date the Circular Economy Act applies.
Who is affected
- Micro and small enterprises established in the Union that sell products in other member states: they may choose not to appoint an authorised representative.
- Medium-sized and large enterprises: the authorised representative requirement is preserved for them.
- Producers established in third countries: they must still appoint an authorised representative.
- Member states: they should not make the appointment mandatory for micro and small enterprises and cannot use alternative enforcement means for third-country producers.
Figures and deadlines
- 1 January 2035: date until which the suspension applies, or until the Circular Economy Act applies, whichever is earlier.
Legal basis. Article 294(2) and Article 192(1) of the Treaty on the Functioning of the European Union.
Written by AI from the full text · every figure comes from the text · ¶ opens the paragraph · 25 Sept 2026 · Report a problem
Full text
Jump to an amendment (13)
Draft european parliament legislative resolution 89 paragraphs
on the 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
(COM(2025)0983 – C100339/2025 – 2025/0396(COD))
(Ordinary legislative procedure: first reading)
The European Parliament,
–having regard to the Commission proposal to Parliament and the Council (COM(2025)0983),
–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 (C100339/2025),
–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),
Read the rest (77 paragraphs)
1.Adopts its position at first reading hereinafter set out;
2.Instructs its President to forward its position to the Council, the Commission and the national parliaments.
Amendment 1
Proposal for a directive
Recital 3 a (new)
| 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. |
Or. en
Amendment 2
Proposal for a directive
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 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 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. |
| 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). |
Or. en
Amendment 3
Proposal for a directive
Recital 4 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (4a) The suspension introduced by this Directive should be limited to the administrative requirement concerning the appointment of an authorised representative and should not affect the environmental objectives established under Union law. |
Or. en
Amendment 4
Proposal for a directive
Recital 5
| 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. |
Or. en
Amendment 5
Proposal for a directive
Recital 6
| 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. |
Or. en
Justification
This amendment maintains the existing regulatory framework applicable to producers established in third countries under Directive 2008/98/EC, Directive 2012/19/EU and Directive (EU) 2019/904. 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 directive
Recital 7
| 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 the application of the [Circular Economy Act XXX], whichever is earlier. |
Or. en
Amendment 7
Proposal for a directive
Recital 9
| 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. |
Or. en
Amendment 8
Proposal for a directive
Recital 10
| 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. |
Or. en
Amendment 9
Proposal for a directive
Article 1 – paragraph 1 – introductory part
| 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 application of the 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 10
Proposal for a directive
Article 1 – paragraph 1 – point b
| 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 |
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 11
Proposal for a directive
Article 1 – paragraph 1 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| 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. |
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 12
Proposal for a directive
Article 3 – title
| Text proposed by the Commission | Amendment |
|---|---|
| Entry into force | Entry into force and application |
Or. en
Amendment 13
Proposal for a directive
Article 3 – paragraph 1 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| This Directive 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 Directive 2008/98/EC, Directive 2012/19/EU and Directive (EU) 2019/904 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 directives.
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 |
| XXX |
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.