The European Commission has published new guidance to clarify Extended Producer Responsibility (EPR) obligations for small businesses operating across Member
The European Commission has published new guidance to clarify Extended Producer Responsibility (EPR) obligations for small businesses operating across Member States.
The Commission emphasizes that small producers generating less than 10 tonnes of packaging per calendar year already receive exemptions and flexibilities under the Packaging and Packaging Waste Regulation.
Yet Member States and Producer Responsibility Organizations (PROs) are also expected to ensure that producers making small amounts of packaging available in their Member State do not face disproportionate burdens.
One option is for Member States to exempt small producers from administrative costs, such as registration fees, and set proportionate, flat EPR fees.
Both Member States and PROs are permitted to limit administrative procedures for small producers. This could include exempting them from updating information or providing fast-track arrangements, guidance, and help desks.
Additionally, both parties can exempt small producers from keeping documentation and/or minimize inspections or audits.
In any case, businesses must comply with existing national registration rules for EPR in the country where the packaging they place on the market is likely to become waste. The Commission’s Green Forum allows market operators to check which rules apply in the countries where they sell their products.
The Commission has proposed to suspend the requirement for small businesses to appoint an authorized representative in any Member State where their products are sold; it is currently being examined by the European Council and the European Parliament.
Until a decision is reached, Member States are instructed to enforce the regulation in a ‘constructive and pragmatic way’ and to avoid sanctioning operators.
The Commission plans to set out uniform, EU-wide rules for registration and reporting, after which Member States will have 18 months to a) set up national registers in accordance with the national rules, or b) adapt their existing registers to align with new expectations.
A consistent set of rules is expected to align data formats and reporting obligations across all Member States and make it easier to do business across borders.
Once the harmonized national registers are in place, online platforms will be required to ask for an EPR registration number before allowing a business to use their services – but this rule is not yet enforced.
The development comes after SMEunited urged EU policymakers to suspend authorized representative requirements and provide short-term assistance, such as a suitable grace period to account for implementation difficulties.
Flexible Packaging Europe, CEFLEX, EUROPEN, and other associations have also called for a ‘strong, harmonized and enforceable’ EPR framework under the upcoming Circular Economy Act. The signatories believe existing EPR approaches are fragmented across the continent, with differences in national implementation resulting in ‘uneven’ performance throughout Europe.
