PPWR Article 45, in force since 12 August 2026
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EU Omnibus and the EPR authorised representative: what changes, and what does not, in France

The EU environmental Omnibus would suspend the EPR authorised representative obligation for some EU-established producers. Nothing is adopted, Parliament votes on 19 October 2026, the Council is split, and France's own national streams keep the representative whatever the EU decides. Where the procedure stands, what is settled and what might move.

Léo Escourrou
By · Founder

Updated 13 October 2026; European Parliament vote expected on 19 October 2026.

Since December 2025, an EU proposal has aimed to suspend the obligation to appoint an EPR authorised representative for some producers established in the Union. It is moving, but it is not adopted, its scope has narrowed at every step, and it does not reach the EPR streams that exist only in French law. Here is where the procedure stands, and what it means if you sell into France.

Where the procedure stands#

The environmental Omnibus ("Omnibus VIII") contains two texts on the EPR representative, both with the same rapporteur, Ingeborg ter Laak (EPP):

  • COM(2025) 982, a proposed regulation, procedure 2025/0395(COD): batteries and packaging (PPWR);
  • COM(2025) 983, a proposed directive, procedure 2025/0396(COD): Waste Framework Directive (textiles), WEEE, single-use plastics.

Timeline:

  • 10 December 2025. The Commission proposes to suspend, until 1 January 2035, the obligation to appoint an EPR authorised representative for every producer established in the EU, with no size threshold.
  • 24 April 2026. EU leaders endorse a roadmap aiming at agreement on all 2025 Omnibus files by the end of 2026.
  • First half of 2026 (Cyprus Presidency). COREPER discontinues the Council's examination of both proposals: EPR is to be reviewed as a whole in the forthcoming Circular Economy Act.
  • 10 July 2026. Article L. 541-10-9-1 of the French Environmental Code (law no. 2026-602 of 8 July 2026) enters into force.
  • 12 August 2026. PPWR Article 45 (authorised representative for packaging) enters into force.
  • 7 and 21 September 2026. In the Council working party, several delegations ask to reopen the file, limited to small packaging producers under the PPWR. A de minimis threshold between 600 kg and 10 t of packaging per year is floated, with strict time limits and safeguards.
  • 28 September 2026. Council note ST 13583/26 asks COREPER to decide whether to reopen.
  • 5 October 2026. Parliament's ENVI committee adopts its position: suspension limited to EU-established micro and small enterprises (fewer than 50 employees and turnover or balance sheet total of EUR 10 million or less), third-country producers excluded, sunset at the entry into force of the Circular Economy Act or on 1 January 2035, whichever comes first.
  • 9 October 2026. Reports A10-0266/2026 (regulation) and A10-0267/2026 (directive) are tabled.
  • 12 October 2026. At the Environment Council, ministers are divided. Austria, Czechia and Estonia want a swift suspension. Italy suggests a temporary suspension for EU producers placing less than 10 t of packaging per year in each Member State. France wants to keep the obligation but is "open to a targeted, temporary postponement based on verifiable criteria for the packaging sector alone" (Agence Europe). Spain and Luxembourg insist that simplification must not undermine EPR. The Irish Presidency continues technical work.
  • 19 October 2026 (indicative). Plenary vote, first reading.

After that vote, the Council still has to adopt a position, then come trilogues and publication in the Official Journal of the EU.

19 October 2026 vote#

The European Parliament votes in plenary on 19 October 2026. We will update this article as soon as the result is known.

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What does not change#

Nothing is adopted. Until a text is published in the Official Journal, every current obligation stands: Article L. 541-10-9-1 in France, and PPWR Article 45 for packaging, in force since 12 August 2026.

EPR itself is not on the table. An EU suspension would at most cover the obligation to go through a representative. Membership of an eco-organisation, the IDU, declarations, eco-contributions and marking (Triman, Info-tri) would all remain due, and a producer without a representative would have to handle them directly.

Producers outside the EU are excluded in every published version: the Commission's proposal only covers producers established in the Union, and the ENVI committee left third-country producers out in so many words.

French national streams sit outside the EU texts. The obligation in Article L. 541-10-9-1 is national, covers every stream and needs no implementing decree. For streams with no EU equivalent, no EU text can suspend it (list below).

One question is open, and we leave it open. For packaging, WEEE and batteries, how an EU suspension would interact with French national law is unsettled. On our reading, whether France could keep its national obligation for producers established in another Member State would become a live legal question, with no certain answer today.

What could change#

As a forecast, subject to the 19 October vote and to trilogues:

  • The likely scope is narrow. If the Council reopens the file, it is heading towards small EU-established packaging producers only. WEEE, batteries and textiles would probably not be touched on the Council side, even though Parliament covers both texts.
  • A tonnage threshold is likely, somewhere between 600 kg and 10 t of packaging per year on the options discussed, rather than a headcount test alone.
  • Any suspension would be temporary, with a review clause, an end date tied to the Circular Economy Act or 2035, and a possible way to reinstate the obligation in case of abuse.
  • The shortest path leads to 2027. Even with a political deal at the end of 2026, publication and application would not come before 2027.

A producer covered by a suspension would still be free to keep a representative; otherwise it would handle membership, declarations and exchanges with the eco-organisation itself.

French national streams keep the representative#

These EPR streams exist in French law with no EU equivalent. Neither Omnibus text covers them. For these streams, French law still requires a France-established representative, whatever the EU decides:

We leave out the streams that also carry EU EPR rules: household and professional packaging (PPWR), WEEE, batteries, and single-use plastics (wet wipes and tobacco products included). We also leave out vehicles, which have their own EU framework.

Textiles remain an open question. France has had textile EPR since 2007, but the revised Waste Framework Directive sets an EU textile EPR, and the directive proposal COM(2025) 983 also covers the representative under that EPR. We do not take a view on how an EU suspension would affect the French obligation for textiles.

For a producer selling both packaging and products from one of these streams (a toy brand, a furniture maker, a garden tool seller), the practical answer is already clear: the representative stays, at least for those products.

What to do now#

  1. Keep complying. Article L. 541-10-9-1 and PPWR Article 45 apply today. A legislative proposal exempts no one.
  2. EU-established producer: do not wait. A final text, if there is one, will not apply before 2027, its scope is unknown, and it will not cover France's national streams. Holding back only builds up declarations and contributions to catch up on.
  3. Producer outside the EU: nothing changes. You are excluded from every published version of the text.
  4. Map your streams. If part of your range falls in a French-only stream, the representative is required there in any case. Our French EPR authorised representative page sets out what we take on, the PPWR hub covers packaging, and the Article 45 guide explains the EU packaging representative.

To get started, request a written quote: you describe your company and products, and we reply in writing within one business day. The French obligation itself is covered in our article on law no. 2026-602 and the compulsory representative.

FAQ#

Does the EU Omnibus remove the obligation to appoint an EPR representative in France?#

No. As of 13 October 2026 the Commission's Omnibus proposals (COM(2025) 982 and 983) are not adopted and have no legal effect; the European Parliament votes on 19 October 2026 and the Council is split. Even if adopted, they would only reach producers established in the EU, and Article L. 541-10-9-1 of the French Environmental Code still requires a representative for the streams that exist only in French law.

Does the suspension apply to producers established outside the EU?#

No. The Commission's proposal only covers producers established in the Union, and the Parliament's ENVI committee expressly left third-country producers out. A US, UK, Swiss or Chinese producer selling into France must appoint a France-established representative whatever the outcome.

What would happen to my membership, IDU and eco-contributions if a suspension were adopted?#

Nothing. The texts under discussion concern the obligation to go through a representative, not EPR itself: membership of an eco-organisation, the unique identifier (IDU), declarations, eco-contributions and marking all remain due. Italy made the point at the Environment Council of 12 October 2026, asking to keep registration, reporting and financial contributions.

We are a small German company selling packaged goods in France. Should we wait before appointing a representative?#

No. The French obligation (Article L. 541-10-9-1, in force since 10 July 2026) and PPWR Article 45 (in force since 12 August 2026) apply today. Any EU suspension will only exist once published in the Official Journal of the EU, and its exact scope is not known. If you also sell products in a stream that exists only in French law, such as toys, furniture, sports goods or DIY tools, the representative stays required for those products in any case.

When could a suspension apply, if it is adopted?#

On our reading, 2027 at the earliest. After the Parliament vote, the Council still needs a position, then trilogues, then publication in the Official Journal. The institutions' roadmap aims at agreement on all 2025 Omnibus files by the end of 2026, but the Council has not yet decided to resume work on these two. This is a forecast, not a settled timetable.

Are textiles affected?#

That is an open question. France has had textile EPR since 2007, but the revised Waste Framework Directive now sets an EU textile EPR, and the directive proposal COM(2025) 983 also covers the representative under that EPR. How an EU suspension would affect the French obligation for textiles is unsettled, and we do not take a position.

Sources#

State of play as of 13 October 2026, from the sources below, all checked on that date.

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