EU policymakers must suspend the Packaging and Packaging Waste Regulation’s requirement for SMEs to appoint authorized representatives in each Member State and provide short-term assistance for SMEs on the European market, says SMEunited.
As an association representing crafts and SMEs in Europe, SMEunited approves of the Regulation’s objectives – but it argues that the legislation suffers from ‘weak governance’.
The association points out that implementing acts have not been issued on time, and that co-legislators are yet to approve the simplification measures proposed under the Environmental Omnibus.
Additionally, the Regulation itself has led to widespread complaints of confusion, legal uncertainty, and a disproportionate burden on small traders.
Businesses operating on the EU market are expected to register separately in each country they export to, which can cost over €500 per country.
If the trader doesn’t have a branch in a given country, it must appoint an authorized representative as a person or entity in charge of packaging compliance – a step that can cost another €200 - €800 per country.
“Parliament and Member States should approve the suspension of the obligation to appoint authorised representatives in each Member State,” says SMEunited president Davide Galli.
“Since the first obligations became applicable on 12 August 2026, SMEs have faced lack of legal certainty, continued fragmentation, and insufficiently clear guidance. Many SMEs now face additional complexity and costs when selling across borders.
“SMEs cannot wait years for solutions. While the upcoming Circular Economy Act could address certain issues, entrepreneurs ask for clarity today.
“The European Commission, Parliament and Member States must prioritize short-term measures to provide relief for SMEs. Suspending the requirement to appoint authorised representatives in every Member State is the first action they should take.”
SMEunited continues to urge policymakers to accelerate the Environmental Omnibus, introduce a suitable grace period to account for implementation difficulties, and take a consistent ‘advice first, sanction later’ approach.
“SMEs want to comply with the rules,” adds Galli. “What they require is a framework that is clear, proportionate, and workable in practice. The priority now must be to provide immediate relief where possible.”
Other voices have also spoken out about the current authorized representative measures. The German Federal Ministry for the Environment has presented an amendment proposal at a preparatory meeting for the Environmental Omnibus – seeking to exempt traders that put less than ten tons of packaging into circulation per year from the requirements.
MEP Regina Doherty also wrote to EU Commissioner Jessika Roswall calling for ‘urgent action, simpler rules and proper protections’ for European SMEs selling online. She criticized the current rules for enforcing a €3 charge on ‘low-value’ goods from outside the EU – a move intended to prioritize European businesses over cheap imports – yet making it difficult for European SMEs to sell to customers.
At a recent parliamentary debate, MEPs broadly agreed that the authorized representative requirements need revision, but their proposed solutions ranged from abandoning the Regulation altogether to simplifying the rules via the Environmental Omnibus.
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