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Packaging rule · European Union · EPR

Environmental Omnibus: suspension of PPWR authorised-representative obligation

Extended producer responsibility (EPR) rule covering all packaging in the European Union, set by European Commission. Proposed, not yet law.

By the SPI teamRule ID PR-EU-012Source consulted 14 October 2026Verified 14 October 2026
Sourced facts

The rule

Recorded from the official source named below. Rates and dates are as the source states them on the date it was consulted.

Jurisdiction
European Union
Authority
European Commission
Rule type
EPR
Materials
All packaging
Status
Proposed Proposed, not law
Proposed
10 December 2025
From the source

“The application of Article 45(3) of Regulation (EU) 2025/40 shall be suspended until 1 January 2035.”

Official source EUR-Lex: Commission proposal COM(2025) 982 finalOfficial (government or regulator) · published 10 December 2025 · consulted 14 October 2026

Deadlines

Key dates

  1. Proposed 10 months ago

  2. Source published 10 months ago

  3. Source consulted by the SPI team 1 day ago

  4. Re-checked by a second SPI team member 1 day ago

Dates for a proposal are those in the text as proposed and may change before adoption.

SPI analysis

What it means

SPI analysis Our reading of the official source above. Not legal advice; always rely on the official text.

SPI summary

Commission proposal COM(2025) 982 (Omnibus VIII, procedure 2025/0395(COD)) would suspend PPWR Article 45(3) until 1 January 2035, so EU-established producers selling packaging directly to end users in another Member State would not need to appoint an authorised representative for EPR. Parliament's ENVI committee voted on 5 October 2026 and tabled report A10-0266/2026 on 9 October 2026. Not yet adopted.

In practice

Under the PPWR, a producer selling packaging or packaged products directly to end users in another Member State is expected to appoint an authorised representative for EPR there (recital 123). Commission proposal COM(2025) 982 of 10 December 2025 would suspend Article 45(3) of the PPWR until 1 January 2035 for producers established in the EU. Until the proposal is adopted, the record and DG ENV indicate the obligation has applied since 12 August 2026, so cross-border e-commerce sellers and brand owners still need to plan for it.

Where the record is unclear

  • Not yet adopted: the procedure 2025/0395(COD) shows a committee vote on 5 October 2026, a report tabled on 9 October 2026 and an indicative plenary date of 19 October 2026, with no Council position or agreement recorded.
  • The final text may differ from the proposal; the Commission says it will engage with the co-legislators.
  • How each Member State treats the obligation in practice before adoption was not checked.

Where it sits in the tracker

  • One of 18 packaging rules we track in the European Union, of which 1 are EPR rules.
  • In all, 25 EPR rules are tracked across 15 jurisdictions. Compare them below

Company profiles that map to this rule

Companies whose SPI profile lists this rule in its regulatory exposure, based on where they report selling. Not company-reported.

SPI analysis

Overview

Commission proposal COM(2025) 982 of 10 December 2025, filed as Omnibus VIII on environmental legislation, would suspend Article 45(3) of Regulation (EU) 2025/40 until 1 January 20351. Article 45(3) obliges a producer established in one Member State that makes packaging or packaged products available for the first time directly to end users in another Member State to appoint an authorised representative for extended producer responsibility there35. Article 1 of the proposal applies the same suspension to Article 56(3) of the Batteries Regulation (EU) 2023/15421.

The Commission's case is cost. Recital 4 of the proposal points to the burden of appointing a representative in up to 26 Member States, particularly for small and medium-sized enterprises. The proposal rests on Article 114 TFEU for packaging and Article 192(1) TFEU for batteries, and recital 9 says a wider EPR reform proposal is expected in 20261.

As proposed, appointing a representative would become optional for producers established in the Union, while the rules for third-country producers stay as they are13. On 14 October 2026 the proposal was awaiting Parliament's first-reading position2.

Duties

Who must do what

EU-established producer selling directly to end users in another Member State (as proposed)

  • Under Article 2 of the proposal, appointing an authorised representative would be a choice rather than a duty until 1 January 203513.
  • The proposal suspends only Article 45(3), so producer status in the end user's Member State, with its registration and fee consequences, is not affected16.

Producer established outside the Union (as proposed)

  • Expect each Member State either to require a written mandate for an authorised representative or to ensure traceability and enforcement by other means (Article 2, second paragraph)1.

Member States (as proposed)

  • Where third-country producers are not required to appoint a representative, ensure traceability and enforcement through alternative means1.
Scope

Are you in scope?

Work through each question. The answers are the SPI team's reading of the sources cited.

  1. Are you established in an EU Member State?

    If yes
    The proposed suspension would cover you1.
    If no
    Third-country producers stay under the current rules13.

  2. Do you first make packaging available directly to end users in another Member State?

    If yes
    That is the situation Article 45(3) addresses3.
    If no
    Article 45(3) does not reach you, with or without the proposal.

  3. Has the proposal been adopted and published?

    If yes
    It takes effect 20 days after its Official Journal publication (Article 3)1.
    If no
    Article 45(3) has applied since 12 August 20264.

  4. Do you also sell batteries by distance contract?

    If yes
    Article 1 suspends Article 56(3) of Regulation (EU) 2023/1542 on the same terms1.
    If no
    Only the packaging suspension is relevant.
Checklist

Compliance checklist

  1. Keep representatives in place

    By Until adoption

    SPI analysis of the official text. Not legal advice; confirm with the text or counsel. While the proposal is pending, keep existing appointments in each Member State where you sell directly to end users, because Article 45(3) has applied since 12 August 20264.

    Evidence to keep Mandate list per Member State.

  2. Follow the plenary vote

    By 19 October 2026 (forecast)

    ENVI voted on 5 October 2026 and tabled report A10-0266/2026 on 9 October 2026; the plenary date is a forecast and no Council position was recorded2.

    Evidence to keep Dated procedure watch entry.

  3. Compare the final text

    By On publication

    Check the adopted text against Article 2 of the proposal, since Parliament and Council can change dates or scope1.

    Evidence to keep Comparison note with the publication reference.

  4. Decide on voluntary representatives

    By After entry into force

    Decide per Member State whether to keep a representative voluntarily until 1 January 20351.

    Evidence to keep Decision record per Member State.

  5. Check national choices for non-EU entities

    By After adoption

    Non-EU group companies should check whether each Member State keeps the written mandate requirement or uses alternative means1.

    Evidence to keep Country table of national choices.

Enforcement

Enforcement and penalties

Who enforces
National competent authorities for EPR (recital 115)5
Powers
Until adoption, authorities can apply Article 45(3) to EU-established distance sellers; once the suspension applies, they could no longer require the appointment from those sellers before 1 January 203515.
Enforcement so far
No case concerning Article 45(3) had surfaced by 14 October 2026.

As proposed, the measure creates no new penalty or obligation; it removes one obligation for a period1. Penalties for not appointing a representative under the current Article 45(3) are set in national law.

Connections

How it fits with other rules

Timeline

History of the rule

  1. Single Market Strategy identifies EPR complexity as a frequent barrier for companies1.

  2. Commission adopts proposal COM(2025) 9821.

  3. Referral to the ENVI committee announced in plenary2.

  4. European Economic and Social Committee opinion2.

  5. Article 45(3) starts to apply with the rest of the Regulation4.

  6. ENVI committee vote, first reading2.

  7. Committee report A10-0266/2026 tabled2.

  8. Today

  9. Indicative plenary sitting for the first-reading vote2.

  10. Proposed end of the suspension1.

Questions

Questions

Is the PPWR authorised representative obligation suspended?

Not yet. COM(2025) 982 would suspend Article 45(3) until 1 January 2035, but on 14 October 2026 Parliament had not voted in plenary and no Council position was recorded2. Until adoption, the obligation has applied since 12 August 20264.

Who would benefit from the suspension?

Producers established in an EU Member State that sell packaging or packaged products directly to end users in another Member State. The Commission says they may otherwise need representatives in up to 26 Member States1.

Does the suspension cover non-EU sellers?

No. Under Article 2 of the proposal, Member States may still require third-country producers to appoint an authorised representative by written mandate, or ensure traceability and enforcement by other means1.

When would the suspension take effect?

Under Article 3, the proposed regulation would take effect 20 days after it appears in the Official Journal. The plenary vote was forecast for 19 October 2026, after ENVI tabled report A10-0266/2026 on 9 October 202612.

Does the proposal also affect batteries?

Yes. Article 1 suspends Article 56(3) of the Batteries Regulation (EU) 2023/1542 until 1 January 2035 for EU-established producers selling batteries by distance contract to end users in other Member States1.

Glossary

Definitions

Making available on the market
Defined in EU Packaging and Packaging Waste Regulation (PPWR) applies PR-EU-001
Sources

Sources for this analysis

  1. EUR-Lex: Commission proposal COM(2025) 982 final (Omnibus VIII) Official · Consulted 14 October 2026
  2. European Parliament Legislative Observatory: procedure file 2025/0395(COD) Official · Consulted 14 October 2026
  3. European Parliament Legislative Observatory: summary of COM(2025) 982 Official · Consulted 14 October 2026
  4. European Commission (DG ENV): Packaging waste Official · Consulted 14 October 2026
  5. EUR-Lex: Regulation (EU) 2025/40, OJ L 22.1.2025 Official · Consulted 14 October 2026
  6. EUR-Lex: Commission Notice C/2026/3084, Guidance document for Regulation (EU) 2025/40 on packaging and packaging waste (OJ C, 10.6.2026) Official · Consulted 14 October 2026

Written by the SPI team on 14 October 2026. Sources checked as of 14 October 2026. SPI analysis, not legal advice; always rely on the official text.

Audit trail

Change history

Verified: a second SPI team member re-checked every fact above against the source on 14 October 2026. Any later change to the facts sends the rule back to Sourced and is logged here.

  1. Verified by a second SPI team member

  2. Changed: SPI summary, rate note, source, source link, source date, quote

  3. Verified by a second SPI team member

  4. Changed: SPI summary

  5. Added to the tracker

Spotted an error? Write to sales@strategicpackaginginsights.com quoting PR-EU-012 and the source. Corrections are logged in this history.

Other jurisdictions

EPR rules elsewhere

The same type of rule for the same materials in other jurisdictions, by the date it applies.

RuleWhereTypeMaterialsStatusApplies from
Containers and Packaging Recycling ActPR-JP-002JapanEPRPlastic, Paper and board, GlassIn force1 April 1997
Packaging EPR (Resolution 1407 of 2018)PR-CO-001ColombiaEPRAll packagingIn force2 August 2018
Extended Producer Responsibility Regulations and paper and packaging schemePR-ZA-001South AfricaEPRAll packagingIn force5 May 2021
EPR Guidelines for plastic packaging (PWM Rules Schedule II)PR-IN-001IndiaEPRPlasticIn force16 February 2022
Reverse logistics recycling credit certificates (Decree 11.413/2023)PR-BR-001BrazilEPRAll packagingIn force14 April 2023
Packaging collection and recovery targets under Ley REP (DS 12/2020)PR-CL-001ChileEPRAll packagingIn force16 September 2023
Germany Single-Use Plastics Fund Act (EWKFondsG)PR-DE-002GermanyEPRSingle-use plasticIn force1 January 2024
Sustainable Waste Management (EPR) Regulations, 2024PR-KE-002KenyaEPRAll packagingIn force4 November 2024
Quebec modernized selective collection (EPR) systemPR-CA-006Quebec, CanadaEPRAll packagingIn force1 January 2025
UK packaging EPR regulations (pEPR) 2024PR-GB-002United KingdomEPRAll packagingIn force1 January 2025

Every EPR rule in the tracker

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