European Commission to strengthen EPR in online sales

Online marketplaces and fulfilment service providers need to prepare for additional extended producer responsibility (EPR) obligations. Consultancy Eunomia is currently working on a corresponding recommendation for the European Commission. The initiative is triggered by the large number of free riders in online sales: companies that are bypassing existing EPR regulations and distorting competition between producers.

One of the measures developed by Eunomia would oblige online marketplaces and fulfilment service providers to check and ensure their sellers’ compliance with extended producer responsibility regulations. However, development of an EU-wide approach could be slow and may be circumvented by national initiatives, some of which already exist.

Eunomia’s proposals are expected to be finalised and published before the end of May, followed by a public consultation on the issue. Proposals and consultation results will then feed into the revision of the European Waste Framework Directive, which started with a public consultation earlier this year and is expected to run over the next two years.

The Commission’s legislative proposal is expected for the second quarter of 2023. It is quite possible, however, that Eunomia’s proposals will already be considered in the ongoing trialogue negotiations on the Battery Regulation.