European Parliament 2024-2029 {ENVI}Committee on the Environment, Climate and Food Safety 2025/0395 (COD) {28/05/2026}28.5.2026 ***I
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
{ENVI}Committee on the Environment, Climate and Food Safety Rapporteur: Ingeborg Ter Laak
PR_COD_1amCom Symbols for procedures * Consultation procedure *** Consent procedure ***I Ordinary legislative procedure (first reading) ***II Ordinary legislative procedure (second reading) ***III Ordinary legislative procedure (third reading) (The type of procedure depends on the legal basis proposed by the draft act.) Amendments to a draft act Amendments by Parliament set out in two columns Deletions are indicated in bold italics in the left-hand column. Replacements are indicated in bold italics in both columns. New text is indicated in bold italics in the right-hand column.
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Amendments by Parliament in the form of a consolidated text
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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
(Ordinary legislative procedure: first reading) The European Parliament,
1Adopts its position at first reading hereinafter set out;
2Instructs its President to forward its position to the Council, the Commission and the national parliaments.
<RepeatBlock-Amend> 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}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}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}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}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}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}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}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}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}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}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}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}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}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}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}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}en Justification This amendment ensures that the suspension remains temporary pending the future Circular Economy Act in order to provide legal consistency. </RepeatBlock-Amend>
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.
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:
1Interest representatives falling within the scope of the Interinstitutional Agreement on a mandatory transparency register
Alstom Extended Producer Responsibility Alliance Orgalim – Europe's Technology Industries
The European Organisation for Packaging and the Environment Computer and Communications Industry Association Amazon Europe CORE sarl
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.
2Representatives 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.