EPR: small businesses may no longer need an authorised representative until 2035

Selling packaging, electrical equipment or clothing to consumers in another EU country means complying with extended producer responsibility (EPR) there: registering, paying the compliance scheme that funds collection and recycling, and reporting what you place on the market. If your business is not established in that country, in many cases you also have to appoint an authorised representative. For a small store selling in five or six countries, that representative is one of the heaviest costs of selling in Europe. And that could change.

What the European Parliament has voted

On 20 October 2026, the European Parliament adopted by a large majority its position on two texts of the environmental simplification package known as the “Omnibus”: one on packaging and batteries, and another on textiles, footwear, electrical and electronic equipment and single-use plastics. Both propose the same thing: that micro and small businesses established in the EU should not have to appoint an EPR authorised representative in every country where they sell.

The exemption would be temporary: until 2035, or until new EU circular economy legislation replaces the current regime.

Who would be covered by the exemption

• Businesses established in an EU country. Those outside the EU would still need a representative.
• With fewer than 50 staff.
• And with an annual turnover or balance sheet of no more than €10 million.

It is narrower than the European Commission's original proposal, which extended it to any producer established in the EU selling in other Member States.

What does not change

The exemption only removes the obligation to have a representative. The other EPR obligations remain: registration in every country you sell to, contributions to compliance schemes and reports on what you place on the market, as well as prevention obligations. Parliament also calls for countries to share information and use compatible digital systems and common reporting, so that complying in several countries becomes simpler.

It is not in force yet

What was voted is Parliament's negotiating position, not a law. The Council of the EU still has to adopt its own, both institutions have to agree the final text, and it has to be published in the Official Journal of the EU. In the meantime the current rules apply: the EU Packaging Regulation, which has applied since 12 August 2026 and requires anyone placing packaging on the market of a country where they are not established to appoint an authorised representative there, and each country's rules for electrical equipment, batteries or textiles.

What to do now if you run an online store

1. Do not cancel your authorised representatives: today they are still mandatory where they are required.
2. Check whether your business would qualify for the exemption: fewer than 50 staff and a turnover or balance sheet of less than €10 million.
3. Keep your packaging registrations and reports up to date in every country you sell to. The exemption does not remove them.
4. If you are about to start selling in a new country, still budget for the representative.

When there is a final text, we will cover it here. Meanwhile, the EPR page explains what each country requires and what the service includes. EPR for packaging, electrical equipment, batteries and textiles →

Do you run an online store? Shopify Partner: VAT registration and returns in more than 50 countries, and EPR for packaging, electrical equipment and batteries. EPR in 7 countries →