EU Council backs exemption from EPR representative rules for smallest packaging producers

The European Council has agreed its negotiating position to exempt businesses placing under one tonne of packaging on the market per year from the requirement to appoint an authorised representative in every EU member state under Extended Producer Responsibility rules. The move follows complaints that registration fees of EUR 200 to EUR 800 per country are pushing some small producers out of the EU market. Trilogue negotiations with the European Parliament, which adopted a separate threshold based on company size the same week, can now begin.

Why this mattersA one-tonne threshold would spare the smallest producers per-country registration costs of EUR 200 to EUR 800, but must be reconciled with Parliament's broader size-based exemption.

• Council mandate exempts producers placing under one tonne of packaging per year from appointing authorised representatives in each member state
• Current EPR registration fees range from EUR 200 to EUR 800 per country
• Parliament's rival position, adopted the same week, exempts firms with fewer than 50 employees and turnover or balance sheet under EUR 10m, until 2035
• Council mandate includes a Commission review clause on the suspension's duration by 31 December 2030 ahead of a 2032 expiry
• A broader Extended Producer Responsibility solution is expected under the forthcoming Circular Economy Act
• Irish presidency ministers Helen McEntee, Darragh O'Brien and Thomas Byrne welcomed the agreement as reducing burdens on small businesses

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