Packaging Omnibus VIII: the authorised-representative exemption is not for non-EU sellers

2026-10-26 · IberTrust Global

On 21 October 2026 the Council of the EU agreed its negotiating position on a proposal in the environmental simplification package known as Omnibus VIII. The text targets one specific obligation under the Packaging and Packaging Waste Regulation (PPWR, Regulation (EU) 2025/40): the duty in Article 45(3) for a packaging producer established in one Member State to appoint an authorised representative in every other Member State where it makes packaging or packaged products available.

Headlines often shorten this to “small producers no longer need an authorised representative”. That shorthand is incomplete — and for sellers based outside the EU it is simply wrong.

What the Council mandate actually says

The proposed suspension would apply to a producer established in a Member State that makes available less than 1 tonne of packaging (including packaging of packaged products) for the first time on the territory of another Member State in a calendar year.
The suspension is framed until 1 January 2032, with a Commission review of the duration by 31 December 2030.
A safeguard remains: if a national competent authority finds that an exempted producer is in breach of EPR obligations under PPWR or national implementing rules, it can still order that producer to appoint an authorised representative.
This is a Council mandate for talks with the European Parliament. It is not yet adopted EU law. Until a final text is published in the Official Journal, Member States continue to apply the rules in force.

The common misreading

The exemption is built around producers who are already established inside the EU and who place only a small volume of packaging in another Member State. It does not remove the need for an authorised representative for producers that are not established in the EU.

If your company is based in China, the UK (for Great Britain sales into the EU), the United States or any other non-EU country, and you place packaging or packaged products on a Member State market where you have no establishment, you should assume you still need an authorised representative under packaging EPR rules — and you still owe the other EPR duties (registration, scheme membership, reporting) that apply in that country.

What does not change for non-EU brands

Authorised representative appointment in Member States where you are not established
Producer registration and SCRAP / PRO membership where national law requires it
Periodic packaging declarations and fee payment
Marketplace and label expectations that ask for a local contact point

Spain packaging EPR remains in force

For the Spanish market, Royal Decree 1055/2022 and related producer-register rules continue to apply. Non-established producers generally need a Spanish authorised representative and participation in a collective scheme. Omnibus VIII does not rewrite that overnight.

Practical next step

Map where you are established, which Member States you sell into, and how many tonnes of packaging you place in each. If you are outside the EU, treat the “small producer AR exemption” headlines as irrelevant to your AR obligation until a final regulation says otherwise.

Need a packaging EPR check?

IberTrust Global S.L. acts as authorised representative and compliance contact for packaging EPR in Spain and related EU producer obligations. Tell us your products, target countries and sales channels — we will confirm whether you need an authorised representative and what to prepare for registration.

Request a compliance review →
Or email contact@ibertrust.info.

Source: Council of the EU press release, 21 October 2026 (“Simplification: Council agrees negotiating stance to cut red tape for small packaging producers”); Council mandate documents on the Omnibus VIII EPR authorised-representative proposal. This article is general information, not legal advice. Rules may change when the final text is adopted.