Suspending the application of the rules on extended producer responsibility for batteries and waste batteries and packaging and packaging waste (Omnibus VIII on environmental legislation)

The European Parliament adopted by 616 votes to 9, with 39 abstentions, amendments to 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 (Omnibus VIII on environmental legislation).

The matter was referred back to the committee responsible for interinstitutional negotiations.

The proposal aims to suspend until 1 January 2035:

- 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;

- 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.

The main amendments adopted in plenary session:

- support a more targeted suspension that would only apply to EU-based small and micro enterprises and until 2035, or until the adoption of a more comprehensive circular economy act;

- 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;

- specify that the suspension introduced should be limited to the administrative requirement concerning the appointment of an authorized representative and should not affect any other obligations of producers with regard to extended producer responsibility or any environmental objectives set out in Union law;

- stated that the simplification measures introduced should remain temporary, pending the application of forthcoming reform and should not lead to reduced traceability, enforcement capacity, or compliance with extended producer responsibility. Therefore, this regulation should cease to apply once that broader horizontal reform on authorised representatives becomes applicable in order to provide legal consistency.

Comprehensive reform for the extended producer responsibility system

The reform led by the Commission should introduce harmonised definitions, common minimum requirements for extended producer responsibility schemes, harmonised fee structures, standardised reporting and data formats, and a single EU-wide digital one-stop-shop for producer registration and compliance. Furthermore, it should strengthen EU-wide monitoring and enforcement, including through the assessment of other compliance, traceability, and enforcement mechanisms.

Pending the entry into force of the Circular Economy Act, Member States should facilitate the exchange of information concerning producer registrations, compliance status, and enforcement actions. Furthermore, the EU should take the necessary steps to ensure the establishment of interoperable digital systems and common reporting requirements enabling producers to fulfil administrative obligations across the Union through simplified and harmonised procedures.