EPR Simplification for SMEs: The European Parliament Vote Does Not Remove the French Representative Obligation

On 20 October 2026, the European Parliament adopted, by a very large majority, its position on simplifying extended producer responsibility (EPR) rules for small businesses. The idea: temporarily exempt micro and small enterprises established in the EU from having to appoint an authorized representative in every member state where they sell.

Since then, a shortcut has been doing the rounds: “SMEs no longer need an EPR representative.” For France, that is wrong, and believing it can be expensive.

First, because a Parliament vote is not a law: the Council still has to take its position, and the two institutions then have to agree on a final text. Second, and more importantly, because France has its own rule. Article L. 541-10-9-1 of the French Environmental Code, introduced by Law No. 2026-602 of 8 July 2026, requires every producer subject to EPR and not established in France to appoint a representative established in France, whatever its size.

This article explains what MEPs actually voted for, who would be covered, and why nothing changes today for a small foreign company selling in France. We only cover the French situation here: in other member states, it may be different.

Summarize this article with:

🎯 TL;DR: what the vote changes, and what it doesn’t change in France

• On 20 October 2026, the European Parliament voted to suspend, until 2035, the per-country EPR authorized representative obligation for micro and small enterprises established in the EU (fewer than 50 employees, under €10 million in turnover or balance sheet total).
• This vote sets the Parliament’s negotiating position. It does not apply yet: the Council still has to adopt its own position before negotiations on the final text can start.
• Companies established outside the EU (China, the United Kingdom, Switzerland, the United States, and so on) are not covered by this suspension.
• In France, Article L. 541-10-9-1 of the Environmental Code requires a representative for every producer subject to EPR and not established in France, with no size threshold at all, across every scheme.
• The other EPR obligations (joining an eco-organization, declarations, eco-contributions) are untouched, even in the Parliament’s position.

🔍 How We Checked This

We rely on the European Parliament press release of 20 October 2026 and its coverage in the trade press for the content of the vote, on the text of Article L. 541-10-9-1 of the French Environmental Code for the French rule, and on Regulation (EU) 2025/40 (PPWR) for the current EU obligation on packaging.

What is confirmed: the vote results, the scope proposed by MEPs (micro and small enterprises established in the EU), the intended duration and the fact that other EPR obligations remain. What is still open: the Council’s position, the final wording of the text and its application date. We therefore give no entry-into-force date.

🗳️ What the European Parliament voted on 20 October 2026

MEPs voted on two texts of the “environmental omnibus”, the simplification package presented by the European Commission: a regulation covering packaging and batteries, and a directive covering textiles, footwear, electrical and electronic equipment and single-use plastics.

Text	Schemes covered	Vote result
Regulation	Packaging, batteries and waste batteries	616 in favour, 9 against, 39 abstentions
Directive	Textiles, footwear, electrical and electronic equipment, single-use plastics	612 in favour, 8 against, 39 abstentions

The file is led by Dutch rapporteur Ingeborg ter Laak (EPP), who says the aim is to reduce unnecessary administrative burdens “without compromising our environmental ambitions”.

On substance, MEPs narrowed the Commission’s proposal. The Commission planned a broader suspension of the authorized representative obligation in certain schemes. Parliament reserves it for the smallest businesses in the Union.

Point	Commission proposal	Parliament position (20 October 2026)
Beneficiaries	Broader suspension of the obligation in certain schemes	Micro and small enterprises established in the EU only
Thresholds	Not limited to small businesses	Fewer than 50 employees and under €10 million in turnover or balance sheet total
Duration	Temporary suspension, until 2035	Until 2035, or until a future circular economy act is adopted
Other EPR obligations	Maintained	Maintained (prevention, financial contributions)
Accompanying measures	Not detailed here	Better information exchange between member states, interoperable digital systems, common reporting

📋 Who would be covered by the EU suspension?

The term “SME” used in many headlines is misleading. Under the EU definition, an SME can have up to 250 employees. The Parliament’s position only covers micro and small enterprises: fewer than 50 employees, and annual turnover or a balance sheet total under €10 million. A medium-sized company with 120 employees would not benefit.

Second condition: being established in the European Union. A small brand based in China, the United Kingdom, Switzerland or the United States would not be covered, whatever its size. For such a company, the EU representative obligation would stay as it is.

⏳ A vote is not a law: the next steps

The 20 October vote only sets the Parliament’s negotiating mandate. Before it applies, the suspension still has to go through several stages, and its content can change at each one.

Stage	Status at the time of writing
Commission proposal (environmental omnibus)	Presented
European Parliament position	Adopted on 20 October 2026
Council of the EU position	Not yet adopted
Trilogue negotiations and agreement on a final text	Not started
Publication in the Official Journal of the EU and application date	Not set

In the meantime, current law applies. For packaging, Article 45 of Regulation (EU) 2025/40 has required, since 12 August 2026, an authorized representative in each member state where a producer makes packaging available without being established there. We explain how this fits together in our article PPWR in France: what the packaging regulation really changes.

🇫🇷 In France, the representative obligation does not depend on company size

The French rule stands on its own. Article L. 541-10-9-1 of the Environmental Code, created by Law No. 2026-602 of 8 July 2026 and in force since 10 July 2026, provides that every producer subject to EPR that is not established in France appoints, by written mandate, a person established in France to fulfil its EPR obligations on its behalf. The representative is subrogated to the producer’s obligations.

This text contains no headcount threshold, no turnover threshold and no exemption for small businesses. It applies to every French EPR scheme and to every producer not established in France, whether established in another EU country or outside the Union.

The only situation where the obligation is deemed fulfilled is when a marketplace already handles the seller’s EPR obligations for the sales it facilitates (Article L. 541-10-9). This exception depends on the sales channel, not on company size. We cover it in detail, along with the appointment steps and costs, in our guide EPR Representative in France: the obligation for producers not established there.

⚖️ Why an EU suspension would not remove the French rule

There are two layers of rules, and they should not be confused.

• The EU layer: EU texts (the packaging regulation, the batteries regulation, the WEEE directive, the waste framework directive for textiles) provide for an authorized representative in member states where the producer is not established. This is the obligation the omnibus proposes to suspend for small EU businesses.
• The French layer: Article L. 541-10-9-1 has its own legal basis, a French law passed in 2026. It covers every French EPR scheme, including those with no EU equivalent, such as furniture, toys, sports and leisure goods, DIY and garden products, or construction products and materials.

Removing or easing the French obligation would require an amendment to French law. At the time of writing, no such bill is known. The exact interplay between the French rule and the final EU text, especially for schemes governed by EU regulations, will depend on the final wording of the omnibus: we will update this article as soon as the text is adopted.

The representative’s subrogation mechanism and the history of this rule are explained in our article Subrogation and the French EPR Representative: the legal history behind the rule.

📦 Scheme by scheme: what the vote would affect, and what it would not affect in France

French EPR scheme	Covered by the EU omnibus?	French representative mandatory today?
Household packaging and graphic paper	Yes (packaging)	Yes, no threshold
Commercial and industrial packaging (from 2027)	Yes (packaging)	Yes, no threshold
Batteries	Yes	Yes, no threshold
Electrical and electronic equipment (WEEE)	Yes	Yes, no threshold
Clothing textiles, household linen and footwear (TLC)	Yes	Yes, no threshold
Tobacco products, wet wipes, balloons, fishing gear (single-use plastics)	Yes	Yes, no threshold
Furniture, toys, sports and leisure goods, DIY and garden, construction products, vehicles	No, schemes with no equivalent in the omnibus	Yes, no threshold

Whatever the row, the French answer is the same. For details of the eco-organizations and obligations specific to each scheme, see our guide EPR Representative in France: a sector-by-sector guide.

🌍 What about other EU countries?

Each member state has its own national EPR representation rules, and the way it applies a possible final EU text may differ. The situation described here is therefore specific to France and should not be transposed as is to another country. If you sell in several member states, check the rules in each one: our article on multi-country EPR management explains how to organize that follow-up.

🧑‍💼 Three practical cases in France

An Italian SME with 12 employees selling packaging in France

It would be eligible for the EU suspension if the text were adopted as it stands. In France, it remains subject to Article L. 541-10-9-1: it must appoint a representative established in France and, through that representative, join an eco-organization for the packaging scheme.

A Chinese clothing brand selling directly to French customers

It is not covered by the suspension, which is reserved for companies established in the EU. It must appoint a representative in France for the TLC scheme, whatever its size.

A Spanish SME selling only through a marketplace

If the marketplace actually handles its EPR obligations for all its sales in France, the representative obligation is deemed fulfilled for those sales. It is not the EU vote that exempts it, but Article L. 541-10-9. As soon as it also sells through its own website, it needs a representative.

✅ What small foreign businesses should do now

1. Check whether you are a “producer” under one or more French EPR schemes for the products you sell in France.
2. Appoint a representative established in France by written mandate, if you have not already done so.
3. Send your representative’s identity and your mandate to your eco-organization, which may require them for your declarations.
4. Do not suspend an existing mandate because of the Parliament vote: it has no legal effect in France today.
5. Follow the progress of the EU text, without expecting any change to your French obligations.

The appointment procedure is set out in our article EPR Authorized Representative in 5 Steps.

🧭 Self-assessment: do you need an EPR representative in France?

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🤝 Ekovio, your EPR representative in France, whatever your size

Ekovio can be appointed as the EPR representative in France for producers not established there, from the representation role alone to full management of declarations and eco-contributions. Small businesses get a solution sized to their volumes, and we track the EU text for you: if the French rule ever changes, you will be informed.

❓ Frequently asked questions about EPR simplification and the French representative

Does the European Parliament vote remove the EPR representative obligation in France?

No. The 20 October 2026 vote sets the Parliament’s negotiating position on an EU text that has not been adopted. The French representative obligation comes from Article L. 541-10-9-1 of the Environmental Code, which applies to every producer not established in France, with no size threshold.

When could the EU suspension apply?

No date has been set. The Council of the EU must first adopt its position, then an agreement on the final text must be reached with Parliament before publication in the Official Journal of the EU.

Is a company established outside the EU covered by the simplification?

No. The Parliament’s position reserves the suspension for micro and small enterprises established in the European Union. A Chinese, British, Swiss or American company remains subject to the representative obligation, whatever its size.

Can I terminate my EPR representative if I am a small business?

No. If you are not established in France and place products subject to EPR on the French market, the representative remains mandatory. Without one, you face a formal notice, an administrative fine and the blocking of your sales on marketplaces.

Are eco-contributions reduced for small businesses?

The vote does not change financial contributions: MEPs expressly kept the other EPR obligations. Some eco-organizations offer simplified or flat-rate fee schedules for low volumes, which you should check with each of them.

Is the situation the same in other EU countries?

Not necessarily. Each member state has its own national EPR representation rules. This article only covers France: if you sell in other countries, check the rule that applies in each of them.

Secure Your EPR Compliance in France

The EU simplification will be talked about for months, but your French obligation already applies. Ekovio helps you appoint your representative, declare what you place on the market and follow regulatory changes, all in one place.