I propose to take Questions Nos. 103, 105 and 106 together.
Packaging waste is a significant environmental challenge across the European Union, and the volume of packaging waste generated continues to grow. The Packaging and Packaging Waste Regulation (PPWR) forms part of the EU's response to these challenges by strengthening requirements relating to packaging reduction, reuse, recyclability and producer responsibility.
The intention of the new EU Regulation is to replace divergent national packaging rules with a single more harmonised framework. This was intended to reduce legal uncertainty, lower administrative burdens, provide greater certainty for investment and create a more level playing field within the Single Market.
While the PPWR applies from 12 August 2026, its provisions will be phased in over the coming years. Ireland’s Extended Producer Responsibility (EPR) scheme for packaging, Repak, is leading the effort to transition enterprise to the new regime. It is also the case that a lot of detail is still to be elaborated in EU secondary legislation, and these negotiations are a key focus for the Department.
I understand that the main issues for micro enterprise and SMEs arise in two areas.
The first relates to a new requirement for smaller businesses to join an Extended Producer Responsibility scheme and meet associated obligations.
PPWR has introduced new requirements that apply to all who meet the new definition of ‘producer’ contained in the EU regulation. In general, producer obligations will fall to the economic operator who places the packaging on the EU market for the first time. These obligations are modulated to varying degrees depending on whether the company is a micro-enterprise or a small business as defined in the EU regulation. Repak offers guidance on determining these matters on their website at www.repak.ie/ppwr.
The second issue for small and micro enterprises, I understand, relates to the PPWR requirement for exporting businesses to appoint an authorised representative in each Member State where they sell products, and how this is presenting significant administrative and financial challenge for those affected.
In December 2025, as part of its Environmental Omnibus Simplification Package (Omnibus VIII), the European Commission proposed targeted amendments to simplify certain EPR obligations, and this included a suspension of the requirement for producers selling into another Member State to appoint an authorised representative in each Member State.
This suspension would have applied not just to the PPWR but also to existing obligations under the Waste Framework Directive, the Waste Electrical and Electronic Equipment Directive and the Single-Use Plastics Directive, and the Batteries Regulation.
Ireland was supportive of simplifying EPR obligations and reducing unnecessary burdens for producers but also reflected the need to ensure such measures would not undermine successful enforcement, which ensures a level playing field for all producers operating on the market.
The proposal encountered significant opposition from Member States during Council negotiations and work on this element of the package was discontinued, on the understanding that harmonisation of EPR requirements would be advanced in the proposal for an EU Circular Economy Act. That Act is expected to be published by the European Commission during Ireland’s Presidency of the Council of the EU this year.
I look forward to seeing the proposals in the EU Circular Economy Act to address this issue and will seek the views of industry, especially small and micro enterprises at that time.
I am very aware of concerns raised by micro and small businesses regarding the practical implications of these new requirements. The Department is engaging intensively with Repak on how the issues affecting micro and small businesses can be addressed earliest within the strictures of the PPWR. The European Commission is also in dialogue with Member States regarding the reported impacts on small businesses. Both the Department and Repak are working with the Commission and other PROs across the EU respectively to identify a harmonised solution as quickly as possible.
