EPR Authorised Representative: The Parliament Vote of 20 October 2026, the Council Mandate of 21 October, and What Still Applies Today

What Did the European Parliament Adopt on 20 October 2026 on the EPR Authorised Representative?

On 20 October 2026, the European Parliament adopted its position on the Commission proposal COM(2025) 982 by 616 votes to 9, with 39 abstentions. The position would suspend the EPR authorised-representative duty of Article 45(3) of Regulation (EU) 2025/40 for micro and small enterprises established in the EU. On 21 October 2026, the Council agreed its own negotiating mandate, with a different test: less than 1 tonne of packaging a year in a given Member State, until 1 January 2032. Both are negotiating positions, not law: Article 45(3) applies as published.

This article is for brands, importers and distance sellers shipping to end users in several Member States, and for producers established outside the Union. It covers the vote of 20 October 2026, the Council mandate of the next day, how the two differ and what follows. The committee stage and the national proposals are in our article written before the vote, the EPR authorised representative before the Parliament vote. Who is a producer, and in which Member State, is in our distance-selling 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 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.
• On 20 October 2026, the Parliament approved the amended proposal COM(2025) 982 by 616 votes to 9 with 39 abstentions, according to the roll-call results published by HowTheyVote.eu and to the Parliament's press release as reproduced by kurzy.cz.
• The position covers micro and small enterprises established in the EU only, keeps the duty for producers established outside the EU, and ends with the circular economy act or on 1 January 2035, whichever comes first, according to the Parliament's research service briefing of 12 October 2026.
• On 21 October 2026, the Permanent Representatives Committee agreed the Council's mandate for negotiations with the Parliament, document ST 14765/26: Article 45(3) would be suspended for a producer established in a Member State, in each other Member State where it makes less than 1 tonne of packaging available for the first time in a calendar year, until 1 January 2032.
• Our dated PPWR referential (baseline reviewed 3 October 2026) confirms the first line; the other provisions are read on the Official Journal text and listed under "What does the referential not confirm?".

Are the Parliament and Council Positions Law? What Applies on 29 October 2026?

No. On 29 October 2026, Article 45(3) of Regulation (EU) 2025/40 applies as published: 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 where it first makes packaging available, other than its own. Neither the Parliament position of 20 October 2026 nor the Council mandate of 21 October 2026 binds a producer or an authority.

A suspension takes effect only once the Parliament and the Council adopt the same text and it is published in the Official Journal. Under Article 3 of COM(2025) 982, the amending regulation would enter into force on the twentieth day following that publication. The two institutions now negotiate from their positions; the Council presidency intends to begin "as soon as possible". We found no announced agreement on 29 October 2026, so no date can be given.

An authorised representative for the extended producer responsibility is a person established in the Member State where the producer first makes packaging available, appointed to fulfil the producer's Chapter VIII obligations, under Article 3(1)(20). It is not the authorised representative of Article 17, an optional conformity mandate given by a manufacturer, which neither position touches.

Registration is untouched: under Article 44(2), producers register in each Member State where they first make packaging available, a precondition under Article 44(4).

Who Would Be Covered by the Suspension, and Who Would Not?

Under the position the Parliament adopted on 20 October 2026, the suspension of Article 45(3) of Regulation (EU) 2025/40 would cover micro and small enterprises established in the EU only, according to the Parliament's research service briefing of 12 October 2026. Medium-sized and large enterprises, and producers established outside the Union, would keep the duty to appoint.

The Council mandate of 21 October 2026 uses a quantity test instead of a size class. Under Article 2 of ST 14765/26, the suspension would cover a producer established in a Member State, whatever its size, in each other Member State where it makes less than 1 tonne of packaging, including packaging of packaged products, available for the first time in a calendar year. Producers established in third countries keep the current rules, under recital 6.

The size classes come from the Commission's SME definition, Recommendation 2003/361: by headcount, a small enterprise employs fewer than 50 persons and a medium-sized enterprise fewer than 250, each class combined with a turnover or balance-sheet ceiling.

According to the research service, companies that split or restructure their activities to qualify as small enterprises would be excluded, the suspension would cover the appointment duty only, not the financial contributions or the targets, and it would end when the circular economy act enters into force or on 1 January 2035, whichever comes first, where the Commission proposal sets 1 January 2035 alone. The press release of 20 October 2026, as reproduced by kurzy.cz, gives the same scope and sunset, and states that the Council must adopt its position before negotiations can begin; the Council did so the next day. The briefing describes the committee text; the plenary adopted the committee's amendments en bloc by 612 votes to 15 with 40 abstentions and one further amendment, numbered 14 and inserting a text after Article 2, by 502 votes to 133 with 29 abstentions, according to HowTheyVote.eu. We could not read the wording of amendment 14: the Parliament's own pages were not readable by our tools on 21 October 2026.

Under the Council mandate, a competent authority that finds an exempted producer in breach of its EPR obligations can order it to appoint an authorised representative (Article 2), the suspension ceases to apply to a producer that fails to comply (recital 8), and the Commission reviews the duration of the suspension by 31 December 2030 (Article 2a). The Council's press release of 21 October 2026 adds that a comprehensive solution for EPR schemes is to be agreed under the upcoming circular economy act proposal.

What Happened in the Plenary Vote, and What Did the Council Decide the Next Day?

In the plenary of 20 October 2026, the European Parliament adopted the committee's amendments to COM(2025) 982 en bloc, adopted one further amendment, rejected five others and approved the amended proposal by 616 votes to 9 with 39 abstentions, according to HowTheyVote.eu. It then referred the matter back to the committee responsible for interinstitutional negotiations, according to the Legislative Observatory: the first reading is not closed, and the adopted text, T10-0345/2026, is the Parliament's position for negotiations with the Council. The Council, which discontinued negotiations on 24 June 2026, examined a Presidency compromise text on 13 October 2026, and its Permanent Representatives Committee agreed the Council's negotiating mandate on 21 October 2026.

Council notice CM 4526/26 convenes the Antici Group (Simplification) for 13 October 2026 for the "Examination of the Presidency compromise text", document ST 14259/26, which was not on the Council's public register on 21 October 2026. At the Environment Council of 12 October 2026, Austria, supported by Czechia and Estonia, raised packaging EPR for small producers; their note ST 14126/26 asks for a "stop the clock" measure suspending the mandatory appointment for small EU-established producers. On 16 October 2026, the European Council called on the co-legislators to conclude the environmental simplification package by the end of the year.

What Is the Commission's Call for Pragmatic Enforcement Worth?

The Commission's page on packaging EPR for small businesses asks Member States to enforce the authorised-representative obligation in a constructive and pragmatic way and to abstain from sanctioning operators while the proposal is examined. The call changes no text: Article 45(3) of Regulation (EU) 2025/40 applies, and penalties are national rules under Article 68.

The Commission page writes that the Commission "has called on Member States to enforce this obligation in a constructive and pragmatic way" and to "abstain from sanctioning operators", and adds: "You must continue to comply with existing national registration rules". Such a call binds no national authority and no court. According to Packaging Insights of 12 October 2026, the German e-commerce association Händlerbund says relief "requires a legally binding rule, not just a recommendation from the European Commission".

Under Article 68(1), Member States lay down their rules on penalties by 12 February 2027; before that date, national law decides.

What Should a Brand, an Importer or a Distance Seller Do Now?

A brand, importer or distance seller applies Article 45(3) of Regulation (EU) 2025/40 as published, country by country, and treats the positions of 20 and 21 October 2026 as a reason to keep mandates adjustable, not as a reason to drop them. The steps below are practice, not legal advice.

• EU-established micro or small enterprise. Keep the mandates in place, prefer a mandate with a notice period, and keep two sets of evidence ready: headcount and accounts, which decide coverage under the Parliament position, and tonnes made available per Member State and calendar year, which decide it under the Council mandate.
• EU-established medium-sized or large enterprise. The Parliament position does not concern you; the Council mandate could, in each Member State where you make available less than 1 tonne of packaging a year. Until a text is adopted, appoint where Article 45(3) requires it, and check under Article 44(3) whether the national register lets the representative register on your behalf.
• Producer established outside the EU. The second sentence of Article 45(3) leaves the choice to each Member State, and both the Parliament position and the Council mandate keep the current rules for you. Our guide for non-EU manufacturers and EU importers separates the producer chain from the conformity chain.
• Importer, distributor or marketplace seller. Where you are the producer, the duty is yours. Under Article 45(4), online platforms obtain a producer's registration information and a self-certification before allowing it to use their services.
• Every role. Do not change where you ship on the strength of two positions or a call. Registration under Article 44(2) stands in every scenario; our producer registration guide lists the national registers, and our article on two petitions and the Commission's reply explains why the Regulation has no small-business exemption.

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), 45(3), 45(4) and 68(1), as phrased here, read on the Official Journal text, not recorded in our referential.
• The vote counts rest on HowTheyVote.eu, a third-party site publishing the Parliament's roll-call results, and on the press release as reproduced by kurzy.cz; the Parliament's own pages were not readable by our tools.
• The content of the position rests on the research service briefing of 12 October 2026, which describes the committee text; the wording of amendment 14 is unknown to us. The referral back to the committee for interinstitutional negotiations is read on the Legislative Observatory on 29 October 2026.
• The Council mandate is read on document ST 14765/26 and the Council press release of 21 October 2026; it is a negotiating position and may change in negotiations. That no agreement had been announced on 29 October 2026 rests on our own search on that date.
• The other Council items were read on official pages on 21 October 2026; the 30 September 2026 agreement rests on the research service briefing; the compromise text ST 14259/26 is not public. Each may change after that date.

Frequently Asked Questions

Has the EPR authorised-representative obligation been suspended since the vote of 20 October 2026?

No. On 29 October 2026, Article 45(3) of Regulation (EU) 2025/40 applies as published. The Parliament adopted its position on 20 October 2026 and the Council its mandate on 21 October 2026; we found no announced agreement between them, and no amending regulation has been published in the Official Journal.

Does a company with 60 employees fall under the Parliament's suspension?

No. The position covers micro and small enterprises established in the EU, below 50 persons by headcount under the Commission's SME definition. A company of 60 employees is medium-sized and keeps the duty under Article 45(3). Under the Council mandate, size plays no part: the same company would be covered in each Member State where it makes available less than 1 tonne of packaging a year.

Do the Parliament and Council positions help a seller established outside the EU?

No. According to the Parliament's research service, producers established outside the EU would still appoint a representative in the relevant Member State, as the second sentence of Article 45(3) already lets each Member State require today. The Council mandate keeps those rules in their current form, under its recital 6.

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. Since 12 September 2026, markets are jurisdictions in PPWR Connect: 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. Since 15 October 2026, the action center groups actions by packaging, with filters by type and priority, and Mark done records who did it and when. 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.