PPWR AR Suspension Proposal: What Is Actually Law?
A proposal is not an exemption already in force
The Commission proposed changes concerning EPR authorised representation in its Environmental Omnibus package. Its current packaging overview says the proposal is being examined by the Parliament and Council. Do not describe a political position as a final enacted exemption or rely on an old scheduled committee vote as the current status.
Check the entity and the country
The proposed suspension of Article 45(3) must be read alongside the treatment of producers established in the EU and in third countries. For US, UK and Chinese businesses, also check the requirements of each destination country. A headline about small-business relief does not establish that a particular company is exempt.
What should a seller do while the proposal is discussed?
Continue to check the rules currently applying to the country and sales route, keep the evidence used for the assessment, and confirm the scope of any representation contract. Before acting on a reported change, verify the adopted text, effective date and national implementation.