Germany is seeking changes to the EU Packaging and Packaging Waste Regulation (PPWR) to reduce the compliance burden on small businesses selling goods to other EU countries.
The German Federal Government presented an amendment proposal on 7 September at a preparatory meeting in Brussels for the European Commission’s Environmental Omnibus – a package of measures intended to simplify environmental legislation related to industrial emissions.
Under the proposal, traders placing less than 10 tonnes of packaging on the market each year would not have to appoint an authorised representative in every EU country to which they send goods.
Financial burden
The German government said the requirement could place a disproportionate financial and administrative burden on small retailers, particularly those making only a small number of shipments to other member states.
It is also proposing that registration in the new system be suspended until mid-2028, by which time a central European system for manufacturer registration is expected to be operational.
Germany said the changes would need to be made to the PPWR itself, rather than through national legislation, and that it was working to secure sufficient support among member states for the proposals.
The move comes after EU member states suspended negotiations on the issue in June. The European Parliament has also called for negotiations to resume.
Growing criticism
Germany’s proposal follows growing criticism from small businesses of the authorised representative requirement, which requires companies placing packaging on the market in another EU country to appoint a representative there.
The Federal Government said the PPWR was intended to establish a common European framework for packaging and its entire lifecycle, with common rules and targets intended to increase reuse and recycling.
However, it said implementation should not create new bureaucratic obstacles for companies, particularly smaller businesses.
Growing concerns
The proposal will now require sufficient support among member states before the PPWR can be amended.
Concerns over the impact of the PPWR on smaller businesses have also been raised by the Consumer Choice Center, which in August called for the European Commission to overhaul the rules.
The US-based consumer advocacy group warned that compliance costs and national requirements could make cross-border sales uneconomic for some small retailers, potentially reducing competition and consumer choice. The Commission said at the time that the regulation includes specific flexibilities and exemptions for SMEs and micro-enterprises.
