The extended producer responsibility (EPR) is a policy scheme which addresses the producer’s responsibility of a product thought its entire lifecycle. In particular, ERP schemes tackle a product’s environmental footprint and implement strategies to minimise waste and promote recycling.
ERP policies across EU product regulations
ERP provisions are found in many of the latest product regulations in the European Union and are being introduced in the United Kingdom as well. Some EU product regulations which set ERP provisions are the Battery Regulation and the Packaging Regulation. Other horizontal regulations will align with the EPR policies, such as the Ecodesign for Sustainable Products Regulation (ESRP).
The main provisions consist of:
- Establishing a harmonised framework for battery waste management
- Making producers accountable for the entire lifecycle of batteries.
- Increasing collection and recycling rates and reduce environmental hazards.
ERP provisions of the EU Battery Regulation
According to the EU Battery Regulation, producers have extended producer responsibility for the management of their batteries at the end-of-life stage. Specifically, EPR schemes are a mean of ensuring that the “polluter pays”
principle is applied to waste management, as per Directive 2018/851. In the legislative framework of batteries, producers have EPR for batteries that they make available on the market for the first time within the territory of a Member State. Producers shall appoint an authorised representative for extended producer responsibility in each Member State in which they sell batteries.
The EU Battery Regulation applies as of February 2024, with a gradual implementation of its provisions.
Packaging producers ERP
The new EU Packaging Regulation establishes requirements for extended producer responsibility and packaging waste prevention. Producers have extended producer responsibility for the packaging (including packaging of packaged products) that they make available for the first time on the territory of a Member State or that they unpack without being end users. Similar to the EU Battery Regulation provisions, producers shall appoint an authorised representative for extended producer responsibility in each Member State in which they make packaging or packaged products available for the first time.
Under the new Regulation, which will apply from August 2026, ERP obligations will take effect at a later date.
For any questions on ERP or product compliance, contact PRODlaw Team here or at prodlaw@obelis.net.
References:
EUR-Lex (2023). Regulation (EU) 2023/1542 of the European Parliament and of the Council of 12 July 2023 concerning batteries and waste batteries, amending Directive 2008/98/EC and Regulation (EU) 2019/1020 and repealing Directive 2006/66/EC. Retrieved on 22/08/2025.
European Commission (2024). Ecodesign for Sustainable Products Regulation (ESPR) – Frequently Asked Questions. Retrieved on 22/08/2025.
EUR-Lex (2025). Regulation (EU) 2025/40 of the European Parliament and of the Council of 19 December 2024 on packaging and packaging waste, amending Regulation (EU) 2019/1020 and Directive (EU) 2019/904, and repealing Directive 94/62/EC. Retrieved on 22/08/2025.
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