EU member states have agreed a negotiating position that would exempt small packaging producers from having to appoint an authorised representative in every country where they sell, under planned changes to EU packaging rules.
The agreement relates to the EU’s Packaging and Packaging Waste regulation and its “extended producer responsibility” system — rules that make companies responsible for the waste created by the packaging they put on the market, the Council of the EU said in a statement on Wednesday.
Under the Council’s stance, packaging producers established in the EU could be exempted from appointing an authorised representative in another member state if they place less than one tonne of packaging a year on that market, it said.
The Council’s mandate also includes a safeguard clause for cases where a producer is found to be in breach of extended producer responsibility obligations, it added.
Review clause and talks with Parliament
The European Commission would be required to review the duration of the suspension by 31 December 2030, ahead of its scheduled expiry in 2032, the Council said.
Ministers linked the changes to concerns about administrative burden on smaller firms, with Irish foreign affairs and trade minister Helen McEntee saying the agreement would reduce “disproportionate regulatory burdens” on small and medium-sized businesses.
Ireland’s climate, energy and the environment minister Darragh O’Brien said extended producer responsibility remained “a core principle of EU environmental law” and that requirements should be proportionate for small businesses.
The Council said the EU presidency will begin negotiations with the European Parliament on the proposal “as soon as possible” to reach an agreement.
