Extended Producer Responsibility (EPR): Key Points for Waste-Producing Companies

‍Extended Producer Responsibility (EPR) has become a strategic tool in the transition towards a circular economy within the European Union. This regulatory approach assigns producers both financial and operational responsibility for the products they place on the market once these reach the end of their useful life, with the aim of ensuring proper end-of-life waste management.

In this article, we explore the updated regulatory framework up to 2025 and the practical implications for producing companies.

What is Extended Producer Responsibility (EPR)?

EPR is a set of measures that shifts the responsibility for a product's lifecycle to the producer, including product design, collection, recycling, and final waste management. Conceptualised in the 1990s, EPR emerged as a framework to address the growing volume and complexity of waste, particularly because waste management had historically been funded and operated by the public sector.

The core purpose of EPR is to transfer the financial and/or operational responsibility for waste management and material recovery from local authorities to producers. This approach ensures dedicated, continuous, and sufficient funding for end-of-life product management. In Europe, EPR systems have become the second-largest source of funding for waste collection and recycling, second only to taxpayer contributions.

Main EPR Models

There are three main types of EPR models:

Financial EPR: The producer funds but does not manage. This includes financing the collection, recycling, treatment, and, in some cases, the improvement of waste management systems. Instead of falling to municipalities or taxpayers, these costs are covered through fees paid by producers based on the type and quantity of products placed on the market.

Operational EPR: The producer both funds and manages. Producers are actively involved in daily waste management, including collection, recycling, or disposal. This can involve establishing their own collection schemes, take-back programmes, or new recycling and composting services.

Hybrid EPR: A combination of both financial and operational EPR, often implemented via Producer Responsibility Organisations (PROs).

Objectives of EPR

Beyond cost-shifting, EPR aims to:

• Encourage producers to consider environmental aspects during product design (eco-design).
• Promote producer responsibility throughout the entire product lifecycle.
• Increase the volume of separately collected waste.
• Ensure proper end-of-life management of products, in line with the waste hierarchy.
• Potentially incentivise the design of more recyclable or reusable products through eco-modulated fees (i.e., variable fees based on product characteristics).

Despite its achievements in funding and organising waste management, EPR systems have been “notably ineffective at incentivising waste prevention”. EPR fees often represent only a small fraction of a product's total cost, offering little incentive to improve design for reuse, repair, or recyclability.

EU Regulatory Framework on EPR

1. Waste Framework Directive (2008/98/EC), amended in 2018 and 2025

The WFD defines and regulates EPR as a key waste policy instrument, strengthening its harmonised application across the EU.

The 2018 amendment introduced minimum requirements for EPR schemes and, for the first time, eco-modulation of fees, i.e., applying variable fees based on product characteristics to promote recyclability and reusability.

The latest proposed amendment by the European Commission (2023) expands EPR obligations to textile and food waste. It is currently under negotiation and is expected to be approved by 6 October 2025.

2. Regulation (EU) 2025/40 on Packaging and Packaging Waste (PPWR)

This regulation extends EPR to commercial and industrial packaging, mandates participation in collective EPR schemes (PROs), and requires proof of financial solvency.

Other Key EPR-related Legislation

Directive 2012/19/EU on Waste Electrical and Electronic Equipment (WEEE)
Aims to encourage sustainable production and consumption by improving the collection, treatment, and recycling of WEEE. EPR schemes for these types of waste have been part of EU legislation since the 2000s.

Regulation (EU) 2023/1542 on Batteries and Accumulators
Replaces the former Batteries Directive and establishes a comprehensive approach to ensure battery sustainability throughout their lifecycle, from raw material sourcing to collection, recycling, and reuse. EPR for batteries has existed in EU legislation since the early 2000s.

Directive (EU) 2019/904 on Single-Use Plastics
Requires producers to cover waste management and awareness-raising costs for certain plastic products under the "polluter pays" principle. It also includes obligations regarding plastic fishing gear and, via Decision (EU) 2021/958, sets the format for data reporting and monitoring.

What Are Producers Required to Do in the EU?

While each sectoral law defines specific obligations, producer responsibilities under EPR across the EU generally include:

• Identifying applicable EPR schemes by product category and Member State.
• Registering in every Member State where their products are sold, either directly or through an authorised representative.
• Organising or joining collective EPR schemes (PROs) in each country.
• Financing waste management: covering the costs of collection, transport, treatment, recycling, recovery, and environmental information. For packaging waste, the PPWR requires transparent fees and modulation based on recyclability.
• Periodic reporting and full traceability: declaring the quantities of products placed on the market and reporting on the collection, treatment, and recycling of associated waste.