FEAD call to maintain the national authorised representative requirement
The Authorised Representative is a central element of effective EPR enforcement—not a mere administrative formality. It serves as the essential legal connection between non-established producers and national enforcement authorities for registration, reporting, and financial contribution for end-of-life management of the products. Removing the AR would significantly increase the risk of free riders and we therefore do not support the proposed suspension.
We acknowledge, however, that the current AR framework is fragmented, legally ambiguous, and administratively burdensome, which undermines the very purpose of EPR and weakens enforcement across Member States. Therefore, the solution cannot be suspension but should be harmonisation, simplification, and increased transparency though a structural and long-term approach.
The Commission’s proposal has already raised concerns and questions from Member States about:
- How MS will be able to access information needed for control and enforcement
- Short implementation deadline (20 days) which makes it impossible for MS to adjust their systems
- Shift in responsibility to MS that will result in diverging approaches and will undermine any future attempts for a harmonized approach
The CEA will address and improve the EPR framework (based on an impact assessment), and the AR should be part of this. A better AR system will significantly improve compliance, close existing enforcement gaps, and support a fair and functioning internal market across the European Union. To strengthen enforcement and improve the effectiveness of EPR, we strongly recommend the following reforms:
- Harmonise the definition, legal role, and liability of ARs across all EPR-relevant areas and Member States through clear EU legislation
- Establish a centralised, publicly accessible EU register of ARs, clearly linking each representative to their respective producers and EPR schemes
- Introduce minimum qualification standards and a certification framework for ARs to ensure professionalism and accountability
- Require professional liability insurance for ARs to safeguard producers and the integrity of the compliance system
- Simplify the process of appointing ARs by eliminating disproportionate requirements such as notarised powers of attorney or unnecessary formalities
- Clarify the definition of ‘establishment’ in the context of EPR, especially for digital commerce, to ensure consistent application across the EU
- Allow and encourage the appointment of a single AR per country for multiple EPR streams to reduce duplication and administrative burden
Current challenges
Lack of harmonization across the EU – not only between Member States, but also across different EPR streams (packaging, WEEE, batteries, textiles, furniture). Definitions, responsibilities, and liability rules differ.
In some jurisdictions, the AR is fully liable for compliance failures; in others, liability remains solely with the producer. This legal uncertainty creates compliance risks for companies and hampers enforcement authorities in effectively overseeing producer obligations. Enforcement gaps are further exacerbated by the absence of a centralized register or tracking mechanism for ARs. Authorities often do not know who is acting as an AR for which producer and for which product group, making it difficult to monitor compliance — especially in the growing context of cross-border e-commerce. Unscrupulous actors can exploit these loopholes, and compliant producers face unfair competition from those who ignore their obligations entirely.
Moreover, the quality and accountability of ARs are currently unregulated. In most Member States, anyone with a legal presence can act as an AR, regardless of their knowledge, capacity, or reliability. This lack of quality control increases the risk of non-compliance for producers relying on these representatives to handle critical tasks such as registration, reporting, and communication with national authorities.
The administrative burden for appointing ARs is another major concern. Some Member States require formal notarisation or legalization of powers of attorney, even for minor compliance tasks, creating an unnecessary barrier for businesses, especially SMEs. In addition, there is no EU-wide clarity on what constitutes a ‘legal establishment’ for the purpose of appointing an AR—an issue particularly relevant for online sellers and platforms. Furthermore, it should be clarified that a single AR may represent a producer across multiple EPR systems within a Member State, in order to reduce fragmentation and costs.
FEAD, the European Waste Management Association, represents the entire waste management value chain, from collection and sorting to recycling, energy recovery, and final disposal. It brings together the private waste and resource management industry across Europe through its 21 national member associations and associate members, which collectively represent over 3,000 companies. Together, the sector provides more than 500,000 local jobs and fuels €5 billion in investments into the economy every year. For more information, please contact: info@fead.be