EU-established businesses placing less than one tonne of packaging on another Member State’s market could be exempt from appointing a local EPR authorised representative until 2032. But registration, reporting and financial obligations would remain.
The European Union is taking another step towards simplifying Extended Producer Responsibility (EPR) requirements under the Packaging and Packaging Waste Regulation (PPWR).
On 21 October 2026, the Council of the European Union agreed on its negotiating position to temporarily suspend the requirement for certain packaging producers to appoint an authorised representative in other EU Member States.
If adopted, the proposal could significantly reduce administrative costs for businesses selling packaged products across borders, particularly smaller companies and online sellers.
However, the proposed exemption is limited. It would remove one administrative requirement, not the underlying EPR obligations. Businesses would still need to understand their responsibilities in each national market.
What exactly is the EU proposing?
Under Article 45(3) of the PPWR, producers established in one EU Member State that make packaging or packaged products available directly to end users in another Member State are required to appoint an authorised representative for EPR in that other country.
The Council proposes temporarily suspending this requirement under the following conditions:
- Less than one tonne of packaging per year: The producer must make available less than 1,000 kg of packaging in the relevant Member State during a calendar year.
- EU establishment: The exemption would apply to producers established in an EU Member State and operating in another Member State.
- Country-specific assessment: The threshold would be calculated separately for each destination Member State.
- Temporary relief until 2032: The suspension would apply until 1 January 2032, subject to the final legislative agreement.
- No company-size restriction: Unlike the European Parliament’s SME-focused approach, the Council’s proposal would base eligibility on packaging quantities rather than company size.
Importantly, the one-tonne threshold refers to the weight of packaging, including packaging around packaged products, not the weight of the products themselves.
Which businesses would benefit?
The proposal is particularly relevant to EU-based businesses selling across borders, including e-commerce companies, manufacturers, brand owners and other businesses qualifying as producers under the PPWR.
The decisive factor would not be company turnover or employee numbers, but the amount of packaging first made available in each relevant Member State.
Practical examples
| Business scenario | Would an EPR authorised representative be required under the Council’s proposal? |
| Small German online retailer supplying 500 kg of packaging annually to French end users | No – Appointment would no longer be mandatory in France |
| Same retailer supplying 1,200 kg of packaging annually to French end users | Yes – Appointment would remain mandatory in France |
| Large German company supplying 800 kg of packaging annually to French end users | No – Appointment would no longer be mandatory in France |
Examples assume that the businesses fall within the scope of Article 45(3). The proposed exemption is not yet law, and all other applicable EPR obligations would remain.
For businesses selling into several EU markets, this could eliminate the need to appoint multiple local representatives, reducing recurring administrative costs and simplifying cross-border operations.
However, businesses established outside the EU would not benefit from this suspension. The PPWR provisions allowing Member States to require authorised representatives from third-country producers would remain unchanged.
What would change for EPR compliance?
The proposed exemption concerns only the mandatory appointment of an authorised representative. It does not remove the producer’s underlying EPR responsibilities.
Businesses would still need to comply with applicable national requirements, including:
- EPR registration: Registering with the relevant national producer register where required.
- Packaging reporting: Collecting and reporting packaging quantities and material information.
- Financial contributions: Paying applicable EPR fees to finance packaging waste management.
- National compliance requirements: Following the relevant rules and procedures in each Member State.
There is also an important safeguard: if a competent national authority finds that a producer benefiting from the exemption has failed to meet its EPR obligations, it could require that producer to appoint an authorised representative.
The key message for businesses: Less administration does not mean less responsibility.
Even where local representation is no longer mandatory, companies must continue to identify their producer status, understand national EPR requirements and maintain reliable packaging data for registration, fee calculation and reporting.
When will the changes take effect?
The proposal has made significant progress through the EU legislative process, but it is not yet adopted law (as of 24.10.2026).
The latest developments are:
| Date | Legislative milestone |
| 20 October 2026 | European Parliament adopts its mandate for interinstitutional negotiations |
| 21 October 2026 | Council’s Permanent Representatives Committee (Coreper) agrees on the Council negotiating mandate |
| Next step | Negotiations between the European Parliament and Council to agree on a final text |
| After agreement | Formal adoption and publication in the EU Official Journal |
| Proposed expiry | 1 January 2032 |
| Review deadline | European Commission to review the suspension’s duration by 31 December 2030 |
Under the Council’s draft, the new regulation would enter into force on the twentieth day following its publication in the Official Journal of the European Union.
The final scope, eligibility conditions and timing may still change during negotiations. Businesses should therefore not assume that the proposed exemption is already applicable.
Is this enough to simplify EPR across Europe?
The proposal acknowledges a longstanding challenge: EPR requirements remain fragmented across the EU, creating administrative complexity and additional costs for companies operating in multiple markets.
Suspending certain authorised representative requirements would be a positive step, especially for businesses with relatively small packaging volumes in individual Member States.
However, the Council’s approach also highlights a key limitation: A business placing 900 kg of packaging on a national market could benefit from simplified requirements, while one placing just 100 kg more would still need to appoint an authorised representative. This creates an arbitrary threshold that may reduce administrative burdens for very small packaging volumes but offers little relief to other businesses, including SMEs. The fundamental challenge of fragmented national EPR requirements therefore remains unresolved.
The underlying challenge extends beyond authorised representatives. Different national registration systems, reporting formats, deadlines and fee structures continue to make EPR compliance difficult for cross-border businesses.
The upcoming Circular Economy Act is expected to address broader harmonisation and simplification of EPR systems.
Until then, businesses need processes that can accommodate both national differences and ongoing regulatory changes.
For the European Parliament’s approach, which focuses on small businesses, see our earlier article on the Parliament SME proposal.
What should businesses do now?
Rather than waiting for the final legislation, companies selling packaged products across EU markets should review their EPR exposure and prepare for possible changes.
The immediate priorities are to identify where they qualify as producers, determine their annual packaging quantities by country, check existing registration and representation requirements, and establish reliable data collection and reporting processes.
A structured approach can help businesses identify potential exemptions while avoiding compliance gaps and unnecessary administrative costs.
How PackIntelX supports EPR compliance
Simplified rules do not eliminate EPR obligations. Businesses operating across EU markets still need to understand their producer responsibilities, manage country-specific requirements and ensure accurate packaging reporting. PackIntelX helps businesses navigate this complexity through regulatory consulting and digital EPR management.
Our services include:
- EPR consulting and implementation: Identify producer obligations, determine registration and authorised representative requirements, and coordinate implementation with local partners.
- EPR reporting and digital management: Organise packaging data, calculate applicable EPR fees, including eco-modulation, and prepare country-specific reporting.
- Cost and compliance optimisation: Improve visibility into EPR costs, reduce manual work and adapt processes as regulations evolve.
Want to understand what the latest EPR developments mean for your business?
With our new EPR guide, you get an overview of your obligations in each EU member state.
Or speak with our experts to clarify your EPR obligations and identify the most efficient approach for your business.
Official sources
- Council of the European Union, Negotiating Mandate, 21 October 2026, document 14765/26, interinstitutional file 2025/0395 (COD).
- Council of the European Union, Simplification: Council agrees negotiating stance to cut red tape for small packaging producers, press release 841/26, 21 October 2026.
- European Parliament, Report A10-0266/2026.
- Regulation (EU) 2025/40 on packaging and packaging waste, Article 45.