The Circular Economy Act: What the Delayed Commission Proposal Could Change for Packaging EPR
What Is the Circular Economy Act, and Why Does It Matter for Packaging EPR?
The Circular Economy Act is a legislative initiative of the European Commission, listed in its 2026 work programme under Article 114 TFEU and planned as a proposal for a regulation. The Commission announced in 2025 that the Act would simplify, digitalise and expand extended producer responsibility in a targeted manner, so brands, importers and producer responsibility organisations watch its publication.
On 6 November 2026, the proposal is not public, and its expected date has moved more than once. This article records what EU institutions and industry have said about it, what such an act can and cannot change in Regulation (EU) 2025/40, and what a company selling in several Member States does meanwhile. The producer obligations are in our producer registration guide; the positions on the EPR authorised representative are in our article on the Parliament vote of 20 October and the Council mandate of 21 October 2026. Nothing here is legal advice.
Key Facts
- The Commission work programme 2026 lists the Circular Economy Act as legislative, under Article 114 TFEU, for the third quarter of 2026.
- The Commission's Have your say page for initiative 14812 showed a proposal for a regulation planned for the fourth quarter of 2026 when read on 21 October 2026.
- Press reports placed the proposal on 11 November 2026 (EUWID, 6 October 2026), then on 18 November 2026 (Abreu Advogados, 21 October 2026), then probably in December 2026 (Publyon, 2 November 2026); on 6 November 2026, no date is confirmed by the Commission.
- Under Article 44(2) of Regulation (EU) 2025/40, producers register in each Member State where they make packaging or packaged products available for the first time; no published text changes that today.
- Under Article 45(3), a producer referred to in Article 3(1), point (15)(c) and (d), appoints an authorised representative for the extended producer responsibility in each Member State of first making available other than its own; the Parliament and the Council adopted different negotiating positions on its suspension on 20 and 21 October 2026, and neither is law.
- Regulation (EU) 2025/40 applies to all packaging, regardless of material, whether household, commercial or industrial, under Article 2(1).
When Is the Commission Proposal Expected, and Why Did the Date Move?
On 6 November 2026, the Commission has confirmed no date for the Circular Economy Act proposal. The Commission work programme 2026 planned the third quarter of 2026, and the Have your say page of initiative 14812 showed the fourth quarter on 21 October 2026. Press reports then gave 11 November (EUWID), 18 November (Abreu Advogados) and, most recently, December 2026 (Publyon), without confirmation from the Commission.
EUWID reported on 6 October 2026 that the proposal stood on the Commission's provisional timetable for 11 November 2026, after the Regulatory Scrutiny Board raised concerns about the impact assessment. Abreu Advogados wrote on 21 October 2026 that the presentation was expected on 18 November 2026. The Publyon sustainability newsletter of 2 November 2026 writes that the Act is now likely to arrive in December 2026 and that no revised date has been confirmed.
The Clean Industrial Deal of 26 February 2025 stated that the Commission "will adopt a Circular Economy Act in 2026" to "simplify, digitalise and expand in a targeted manner extended producer responsibility". The Commission opened a call for evidence and a public consultation on 1 August 2025, open until 6 November 2025; the Have your say page records 962 and 820 contributions.
According to EUWID on 6 October 2026, the announced contents are the harmonisation of extended producer responsibility systems, harmonised waste definitions, end-of-waste rules, a single market for waste and a likely revision of the WEEE Directive. The European Parliament Research Service briefing of January 2026 names amendments to the Waste Framework, Landfill and WEEE Directives as possible vehicles; it does not mention the PPWR.
What Can a Circular Economy Act Change in the PPWR, and What Can It Not?
A Circular Economy Act adopted as a regulation could amend Regulation (EU) 2025/40, because a regulation of the Parliament and the Council can amend an earlier one, as COM(2025) 982 proposes for Article 45(3). A proposal changes nothing: until an amending act is published in the Official Journal, Articles 44 and 45 apply as published.
A regulation is an act binding in its entirety and directly applicable in all Member States, under Article 288 TFEU. Article 114 TFEU is the internal market legal basis that the PPWR proposal COM(2022) 677 also used.
Three things stay untouched by an unpublished proposal. First, the registration duty of Article 44(2) and the rule of Article 44(4), under which a producer does not make packaging available for the first time in a Member State if it or its EPR authorised representative is not registered there. Second, the representative duty of Article 45(3), which the Commission proposed on 10 December 2025 to suspend until 1 January 2035 in COM(2025) 982, whose recital 3 reads "the upcoming Circular Economy act should provide for further simplification". Third, the dates: under Article 68, Member States lay down the rules on penalties by 12 February 2027, and under Article 44(1) each Member State establishes its national register within 18 months of the entry into force of the first implementing act adopted under Article 44(14).
Which EPR Demands Keep Coming Back, and Who Is Making Them?
Four EPR demands recur in the documents read between 21 October and 6 November 2026: a single European entry point for EPR registration, a narrower authorised representative duty, harmonised fee rules under producer-led governance, and a working market for recycled plastics. Member States, EU institutions and 46 industry organisations carry them.
| Demand | Who, when, where | What Regulation (EU) 2025/40 says on 6 November 2026 |
|---|---|---|
| Single European entry point for EPR registration | Austria, supported by Czechia and Estonia, Council document ST 14126/26 of 9 October 2026, for the Environment Council of 12 October 2026; European Parliament, recital 9 of its amendments of 20 October 2026 | Article 44(1): one national register per Member State; Article 44(2): registration in each Member State |
| Narrower authorised representative duty | COM(2025) 982 (suspension until 1 January 2035); Parliament amendments of 20 October 2026, file referred back for negotiations (micro and small producers established in the EU); Council mandate of 21 October 2026 (less than 1 tonne per Member State per year, until 2032); 46 organisations, October 2026 | Article 45(3): appointment in each Member State of first making available other than the one of establishment |
| Harmonised fee rules, producer-led governance | Joint position of 46 organisations; Clean Industrial Deal; Commissioner Roswall at the Environment Council of 12 October 2026; European Parliament, recital 9 of its amendments of 20 October 2026 | Article 45(1): EPR under Articles 8 and 8a of Directive 2008/98/EC; Article 45(2): costs established in a transparent, proportional, non-discriminatory and efficient way |
| Demand for recycled plastics | Italy, Council document ST 14077/26 of 9 October 2026 | Article 7(1): minimum recycled content in plastic packaging by 1 January 2030 or 3 years from the entry into force of the Article 7(8) implementing act, whichever is the latest |
Single entry point. In ST 14126/26, Austria, supported by Czechia and Estonia, proposes a single, central, EU-wide entry point for EPR registration covering packaging, batteries, electrical and electronic equipment and textiles, asks the Commission for a roadmap and a timetable, and writes that the Circular Economy Act should be used to deliver additional simplification. The Council meeting page lists the item under other business on 12 October 2026.
Authorised representative. The Council had discontinued its negotiations on the two last EPR proposals on 24 June 2026, citing strong reservations by a vast majority of Member States and "the upcoming comprehensive review of EPR frameworks under the circular economy act, expected in autumn 2026", and took the packaging file up again in October. On 20 October 2026, the Parliament adopted amendments to COM(2025) 982 that limit the suspension of Article 45(3) to producers established in the Union that are micro or small enterprises, until 1 January 2035 or until the date of application of an EU act establishing a horizontal EPR framework, whichever is earlier; the file went back to committee for negotiations with the Council, according to the Legislative Observatory. Recital 9 of that text states that the comprehensive EPR reform needs to introduce harmonised fee structures, standardised reporting and data formats, and a Union-wide digital one-stop shop for producer registration and compliance. On 21 October 2026, the Council agreed its mandate: a producer established in the EU would not have to appoint a representative in a Member State where it makes available less than 1 tonne of packaging per calendar year, with a review by 31 December 2030 and a scheduled expiry in 2032; the Council expects "a comprehensive solution for EPR schemes" under the Circular Economy Act. According to Agence Europe on 12 October 2026, Commissioner Roswall told the Environment Council that the Act "could more broadly address the simplification, harmonisation, and digitalisation of EPR systems".
Fees and governance. A joint position of 46 organisations dated October 2026 and hosted by EUROPEN asks for a horizontal, directly applicable EU EPR regulation anchored in Article 114 TFEU, producer-led schemes, published fee structures and registration limited to essential data, and states that "mandatory national representation for EU-established producers would create market fragmentation and barriers to scale". The PPWR sets no fee level: Article 45(1) refers to Articles 8 and 8a of Directive 2008/98/EC, whose Article 8a(4), point (b), requires financial contributions to be modulated, where possible, by criteria such as recyclability. An act amending that Directive would reach packaging fees through that reference.
Recycled plastics. In ST 14077/26, Italy calls for the proposal to be presented without delay with immediately effective measures for plastics, for mandatory EU recycled content criteria in public procurement and for possible milestones towards the PPWR recycled content targets. How recycled content is evidenced is in our article on mass balance and chain of custody.
How Long Does It Take From a Commission Proposal to an Applicable Rule?
An EU regulation becomes applicable years after its proposal, because the ordinary legislative procedure under Article 114 TFEU needs a position of the Parliament, a position of the Council, an agreed text, publication in the Official Journal and an application date set in the act itself. The PPWR took three years and eight months from proposal to application.
The Commission presented COM(2022) 677 on 30 November 2022. Regulation (EU) 2025/40 was published in the Official Journal on 22 January 2025 and, under Article 71, applies from 12 August 2026. The two-article suspension proposal COM(2025) 982 shows the other end of the scale: proposed on 10 December 2025, with Parliament amendments adopted on 20 October 2026 and a Council mandate agreed on 21 October 2026, it is not law eleven months later. The Parliament text was referred back to committee for negotiations, so the Parliament has not closed its first reading.
A proposal published at the end of 2026, or later, would therefore not change a 2027 registration or declaration. The European Council of 15 and 16 October 2026 named "fragmented labelling and packaging requirements" among the Single Market obstacles to address, in its conclusions; those conclusions do not mention the Circular Economy Act.
What Should a Brand or Importer Selling in Several Member States Do Now?
A brand, importer or distributor that is a producer under Article 3(1), point (15), of Regulation (EU) 2025/40 keeps registering in each Member State of first making available, keeps its EPR authorised representative mandates where Article 45(3) applies, and keeps its tonnage data per Member State, because no published act has changed those duties.
- Registration. Under Article 44(2), registration is per Member State; under Article 44(4), no first making available without it. The format act of Article 44(14) is a Commission act, not a producer deadline: see our article on the draft producer-register format.
- Representative. Article 45(3) applies as published; a mandate dropped on the strength of a proposal has no basis in the text.
- Data. Under Article 44(7), the information of Part B, point 1, of Annex IX is submitted by 1 June for each full preceding calendar year; under Article 44(8), a producer with less than 10 tonnes in a Member State in a calendar year submits the reduced set of Part B, point 2. Under Article 46(5), producer responsibility organisations ensure equal treatment of producers regardless of their origin or size.
- Small producers. Our article on the two petitions covers the small-business side.
What Does the Referential Not Confirm?
Our dated PPWR referential (baseline reviewed 2 November 2026) confirms one statement here, the scope of Article 2(1). Its claim check found no match for the points below, which were read on the linked texts.
- Articles 3(1)(15), 7(1), 44(1), 44(2), 44(4), 44(7), 44(8), 44(14), 45(1), 45(2), 45(3), 46(5), 68 and 71, and the publication date of the Regulation: read on the Official Journal text, not recorded in our referential.
- Everything about the Circular Economy Act comes from the documents and the press named in each sentence; the proposal was not public on 6 November 2026.
- Not confirmed on an official page: the expected dates of 11 November 2026, 18 November 2026 and December 2026 (EUWID, Abreu Advogados, Publyon), and Commissioner Roswall's words (Agence Europe). The Parliament amendments of 20 October 2026 and the Council mandate of 21 October 2026 were read on the Parliament's adopted text and on the Council press release.
Frequently Asked Questions
Does the Circular Economy Act suspend the EPR authorised representative today?
No. On 6 November 2026, the Circular Economy Act is not proposed, and Article 45(3) of Regulation (EU) 2025/40 applies as published. The suspension in COM(2025) 982 is a separate proposal, on which the Parliament and the Council hold different negotiating positions; it is not law.
Does the Circular Economy Act replace the PPWR?
Nothing published says so. The EPRS briefing of January 2026 names amendments to the Waste Framework, Landfill and WEEE Directives as possible vehicles, and Regulation (EU) 2025/40 applies from 12 August 2026 under Article 71.
Is there a single EU register of producers today?
No. Under Article 44(1) of Regulation (EU) 2025/40, each Member State establishes a national register that provides links to the other national registers, and under Article 44(2) producers register in each Member State of first making available. A single European entry point is a demand of Austria, Czechia and Estonia, not a rule.
How PPWR Connect Helps
Since 12 September 2026, markets in PPWR Connect are jurisdictions: registrations, volumes and the EPR matrix follow the markets a SKU is sold in, and a per-market obligation profile answers who the producer is per jurisdiction. Since 24 August 2026, past EPR declaration runs are kept and consultable instead of being overwritten by the next one. The EPR declaration engine (XLSX/CSV) and the EPR country guide (market sheets) are included in the Professional and Enterprise plans. The Academy course "EPR in the EU: PPWR Rules and National Schemes" costs €119 and is included in the Academy Pass at €349. PPWR Connect is software: it is not a producer responsibility organisation, an authorised representative or a legal adviser, and it does not register a producer in a national register. Start with our PPWR compliance software or the PPWR readiness assessment.
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Rutherford (rutherford.fr) develops production control software for offset printers and converters, including ColorLoop. Veoria (veoria.com) develops inline colour measurement for label and packaging presses, including DeltaOne.