Recital 54

(54) Producers should be able choose whether they will exercise their extended producer responsibility obligations individually or collectively, by means of producer responsibility organisations taking responsibility on their behalf. Nevertheless, Member States should be able to require that a producer be represented by a producer responsibility organisation. In such cases, producers should not be required by the Member State to be represented by a specific producer responsibility organisation, since there should be flexibility as regards how many producer responsibility organisations can be present in a Member State. This should also be the case in Member States with state-run producer responsibility organisations which can be subject to more specific arrangements under national law. While Member States’ legal frameworks allow different governance structures, producer responsibility organisations should in principle operate to ensure that fees collected from producers are used exclusively to fulfil the obligations relating to collection and treatment of end of life vehicles for the organisation and financing of waste-management obligations. All producer responsibility organisations should ensure the confidentiality of data provided to them by producers. In order to ensure that the interests of all economic operators are properly taken into consideration and to avoid a situation in which waste management operators are placed at a disadvantage in the decisions taken in extended producer responsibility schemes, for example producer responsibility organisations could at least once a year conduct a structured consultation with interested stakeholders and publish on their website a summary report of that consultation, setting out the principal comments received together with an explanation of how those comments have been addressed. Waste management operators should be granted observer status in the governing bodies of the producer responsibility organisations, namely in their executive boards, in order to improve the overall governance and efficiency of the system, while respecting the need to avoid conflict of interest. In addition, waste management operators should be selected by producer responsibility organisations in a non-discriminatory procedure based on transparent award criteria.

← Recital 53 · All articles · Recital 55 →

Source: EUR-Lex (Cellar) · retrieved 2026-10-14 · Text as adopted (Official Journal); later amendments are not incorporated in this text.