PPWR EPR Authorised Representative Before the Parliament Vote: What the ENVI Committee, Germany and Czechia Propose, and What Applies Today

Is the EPR Authorised-Representative Obligation Still in Force Before the Parliament Vote?

Yes. On 8 October 2026, the EPR authorised-representative obligation of Article 45(3) of Regulation (EU) 2025/40 applies as published. The Commission proposal to suspend it, COM(2025) 982, is a proposal. The Parliament's environment committee voted on 5 October 2026, the plenary was listed on an indicative basis for 19 October 2026; on 19 October 2026 the Legislative Observatory schedules the plenary vote for 20 October 2026. The Council has stopped negotiating.

This article is for small brands, e-commerce sellers, importers and distributors that ship to end users in several Member States. It records what moved since our article on two petitions and the Commission's reply of 26 August 2026, and since the PPWR Update of September 2026: a committee vote, a German threshold, a Czech threshold and a Polish request. Who is a producer, and where, is in our producer registration guide.

Key Facts

• Regulation (EU) 2025/40 applies to all packaging, regardless of material, whether household, commercial or industrial, under Article 2(1).
• Under Article 45(3), a producer referred to in Article 3(1), point (15)(c) and (d), appoints an EPR authorised representative by written mandate in each Member State where it first makes packaging available, other than its own.
• Article 2 of the Commission proposal COM(2025) 982 would suspend the application of Article 45(3) until 1 January 2035; the proposal is not law.
• The European Parliament's Legislative Observatory lists a committee vote on 5 October 2026 and, on 19 October 2026, a plenary vote scheduled for 20 October 2026 for procedure 2025/0395(COD).
• Our dated PPWR referential (baseline reviewed 3 October 2026) confirms the first line. The other provisions are read on the linked Official Journal text and listed under "What does the referential not confirm?".

What Does Article 45(3) Require Today?

Article 45(3) of Regulation (EU) 2025/40 requires a producer referred to in Article 3(1), point (15)(c) and (d), to appoint by written mandate an authorised representative for the extended producer responsibility in each Member State where it first makes packaging or packaged products available, other than the Member State where it is established.

Points (c) and (d) of Article 3(1)(15) cover a manufacturer, importer or distributor established in a Member State or in a third country that makes packaging or packaged products available for the first time on the territory of another Member State, directly to end users.

An authorised representative for the extended producer responsibility is a person established in the Member State of first making available and appointed by the producer to fulfil its obligations under Chapter VIII of the Regulation. The definition is in Article 3(1)(20). The second sentence of Article 45(3) lets Member States require the same appointment from producers established in third countries.

Under Article 44(3), Member States may let the EPR authorised representative meet the registration obligations on the producer's behalf. Under Article 44(4), a producer does not make packaging available in a Member State for the first time if it or, where applicable, its EPR authorised representative is not registered there.

The EPR authorised representative is not the authorised representative of Article 17, titled "Authorised representatives", an optional conformity mandate given by a manufacturer. The EPR duty sits in Article 45, titled "Extended producer responsibility", paragraph 3.

What Has Moved Since the Commission Proposed a Suspension?

Since the Commission proposed on 10 December 2025 to suspend Article 45(3) of Regulation (EU) 2025/40, the Council discontinued negotiations on 24 June 2026, Germany and Czechia put thresholds forward in September 2026, Poland asked the Council to resume work, and the Parliament's environment committee voted on 5 October 2026. None of these steps is law.

Under Article 2 of COM(2025) 982, the application of Article 45(3) would be suspended until 1 January 2035. Member States could still require a representative from producers established in third countries, or ensure traceability and enforcement by other means. The explanatory memorandum describes the effect as letting producers established in the Union choose whether to appoint one.

On 24 June 2026, the Council discontinued negotiations on the two EPR proposals, citing strong reservations by a vast majority of Member States and the review of EPR frameworks expected under the circular economy act.

What Did the Parliament's Environment Committee Vote on 5 October 2026?

The ENVI committee of the European Parliament voted on procedure 2025/0395(COD) on 5 October 2026, according to the Legislative Observatory. The adopted text was not published there on 8 October 2026. Press reports agree that the committee kept the suspension for EU-established smaller companies only, and differ on which size classes it covers.

The Legislative Observatory lists "Vote in committee, 1st reading" on 5 October 2026, without an outcome, and still shows the status "Awaiting committee decision" on 8 October 2026. The rapporteur's draft report of 22 May 2026 proposed to limit the simplification to micro and small enterprises engaging in cross-border activities within the EU, according to the Parliament's Legislative Train.

According to Agence Europe of 6 October 2026, the committee adopted its position on batteries and packaging by 74 votes to 0 with 4 abstentions. The same report describes a suspension limited to EU-established small and medium-sized enterprises, a representative still required from companies established outside the EU, and a sunset clause linked to future circularity rules. According to EuroCommerce, the vote concerns EU-based micro and small enterprises.

The two readings matter to a company with 60 employees. By headcount, the Commission's SME definition puts small enterprises below 50 and medium-sized enterprises below 250. Until the committee report is published, the exact scope is unconfirmed. Neither reading helps a seller established outside the Union, and neither touches registration.

What Do Germany, Czechia and Poland Propose?

Germany proposed on 7 September 2026 that traders placing less than ten tonnes of packaging a year need not appoint an EPR authorised representative. Czechia proposed a de minimis threshold per Member State, according to press reports. Poland asked on 23 September 2026 for Council work to resume. All three are national positions, not amendments to Regulation (EU) 2025/40.

The German government presented its amendment proposal at a preparatory meeting on the environmental omnibus in Brussels on 7 September 2026, according to the Federal Environment Ministry release of 8 September 2026. The release writes "pro Jahr", per year, and does not say per Member State. It also proposes suspending registration in the new system until mid-2028.

Ten tonnes is already a line in the Regulation, for a different purpose. Under Article 44(8), a producer that made less than 10 tonnes of packaging available for the first time in a Member State during one calendar year submits the information of Annex IX, Part B, point 2, instead of point 1. That paragraph changes the reporting, not the duty to register or to appoint.

The Czech Ministry of the Environment proposes a de minimis threshold below which firms in a Member State would not have to register, the exemption also covering the duty to appoint a representative, according to EnviWeb of 23 September 2026, which dates the non-paper 13 September 2026. The threshold is still under discussion. We found no text of that non-paper on the ministry's website.

Poland's note ST 13449/26 of 23 September 2026 asks the Council to resume work on the proposals of 10 December 2025 and to examine a voluntary EPR authorised representative.

What Happens After the Plenary Vote on 20 October 2026?

A plenary vote on procedure 2025/0395(COD) would set the Parliament's first-reading position on COM(2025) 982. It would not change Article 45(3) of Regulation (EU) 2025/40. Under the ordinary legislative procedure, the Council must also adopt the text, and the Council discontinued its negotiations on 24 June 2026.

A suspension takes effect only once both institutions adopt the same text and it is published in the Official Journal. Under Article 3 of the proposal, the regulation would enter into force on the twentieth day following its publication.

What Does Not Change While No Text Is Adopted?

While no amending regulation is published, Article 45(3) of Regulation (EU) 2025/40 applies, and so do registration in each Member State under Article 44(2) and the registration precondition of Article 44(4). Even the Commission proposal leaves registration, reporting and the third-country option of Article 45(3) in place.

• Registration: under Article 44(2), producers register in each Member State where they first make packaging or packaged products available.
• Platforms: under Article 45(4), providers of online platforms obtain a producer's registration information and numbers in the Member State where the consumer is located, and a self-certification, before allowing the producer to use their services.
• Penalties: under Article 68(1), Member States lay down their rules on penalties by 12 February 2027.

What Should a Small Cross-Border Seller Do Before Anything Is Adopted?

A small seller that ships to end users in other Member States applies Article 45(3) of Regulation (EU) 2025/40 as published, country by country, and plans for the possibility of a suspension without counting on it. The steps below are practice, not legal advice, and none of them depends on the 20 October 2026 vote.

1. List the Member States where you first make packaging available directly to end users.
2. For each country, check whether the national register lets an EPR authorised representative register for you under Article 44(3), and whether entrusting a producer responsibility organisation is mandatory under Article 46(1).
3. Read the mandate's term and notice period before signing. A mandate that can end on notice is easier to adjust if a suspension is adopted later.
4. Keep each written mandate and each registration number where a marketplace or a fulfilment provider can be given them on request.
5. Do not change where you ship on the strength of a proposal, a committee vote or a national threshold.

For a seller established outside the Union, the second sentence of Article 45(3) leaves the choice to each Member State. Our guide for non-EU manufacturers and EU importers separates that chain from the conformity chain, and our article on marketplace and distance sellers covers the platform checks.

What Does the Referential Not Confirm?

Our dated PPWR referential (baseline reviewed 3 October 2026) confirms the Article 2(1) scope line of the Key Facts. Its claim check returned no match for the statements below, which are read on the linked Official Journal text or official page and presented as such.

• Articles 3(1)(15), points (c) and (d), 3(1)(20), 17, 44(2), 44(3), 44(4), 44(8), 45(3), 45(4), 46(1), 68(1) and 71, as phrased here, and the reading that Article 45 is the article carrying the EPR duty.
• The content and status of COM(2025) 982, the Council press release of 24 June 2026, the Legislative Observatory entries and the Polish note, read on the official pages on 8 October 2026; each may change after that date.
• The German proposal, read on the Federal Environment Ministry page. The Czech proposal and the content and vote count of the committee position rest on press reports only, which do not agree on the size classes covered.

Frequently Asked Questions

Has the EPR authorised-representative obligation been suspended?

No. On 8 October 2026, Article 45(3) of Regulation (EU) 2025/40 applies. The suspension until 1 January 2035 is a Commission proposal, COM(2025) 982, that neither the Parliament nor the Council has adopted.

Does the committee vote help a seller established outside the EU?

Not as reported. The Commission proposal keeps the option for Member States to require a representative from producers established in third countries, and press reports of the committee position keep that requirement.

Is an EPR authorised representative the same as the authorised representative of Article 17?

No. Article 17 is an optional conformity mandate given by a manufacturer. The EPR authorised representative of Article 45(3) fulfils a producer's Chapter VIII obligations in one Member State.

How PPWR Connect Helps

PPWR Connect is software: it is not an authorised representative for the extended producer responsibility, a producer responsibility organisation or a legal adviser, and it does not register producers. In PPWR Connect, markets are jurisdictions: registrations, volumes and the EPR matrix follow the markets a SKU is sold in, and a per-market obligation profile answers "who is the producer" per jurisdiction. EPR declarations record what they were computed from, and past declaration runs are kept and consultable. The Academy offers the course "EPR in the EU: PPWR Rules and National Schemes". To see in which countries a representative question arises for your portfolio, 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.