Under the Council mandate, a producer established in the EU would not need to appoint an authorised representative in another Member State. The condition is that it places less than one tonne of packaging a year on that market. A safeguard clause applies if a producer is found in breach of its obligations.

The suspension would be reviewed by 31 December 2030, before it expires in 2032. The Council expects a lasting solution in the upcoming Circular Economy Act. The proposal is part of the “Omnibus VIII” simplification package. The Council says it is ready to agree on the text with the European Parliament.

The representative requirement has weighed most on small sellers that ship across borders. Poland raised it at the Council in September. For online retailers and wholesalers that buy from small producers in other countries, a lighter rule may make such suppliers easier to work with.

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