EU Council proposes one-tonne threshold for small packaging firms

The Council of the European Union adopted a negotiating position on 21 October to provide temporary relief from part of the extended producer responsibility regime for packaging. Under the proposal, an EU business would not have to appoint an authorised representative in another member state if it places less than one tonne of packaging there per calendar year. The threshold could also affect the administration faced by small Hungarian exporters.

The Council release says the exemption would include a safeguard where a producer breaches extended producer responsibility duties. The Commission would review the duration of the suspension by 31 December 2030, while its currently scheduled expiry would be in 2032.

The mandate does not yet change applicable obligations. The Council will negotiate with the European Parliament, so the one-tonne threshold and safeguard wording may change. The next points to watch are Parliament’s position and an interinstitutional agreement. Related reading covers the EU’s transitional organic-import regime and foreign-investment screening.