Legal Challenge Targets EU Extended Producer Responsibility Rules for Cosmetics

Legal basis for the challenge

Directive (EU) 2024/3019, adopted in November 2024, recasts the urban wastewater treatment rules. It introduces an EPR scheme aimed at tackling micropollutants by requiring certain industries—including cosmetics—to contribute financially to advanced wastewater treatment technologies.

Cosmetics Europe, the industry’s main representative body, argues that the inclusion of cosmetics in this regulatory framework lacks sufficient justification. In its legal submission (Case T-169/25), the association seeks the annulment of Articles 9, 10, Annex III, and part of Article 30.1(c) of the Directive.

Key concerns raised by Cosmetics Europe

The legal challenge is underpinned by six core arguments. These include claims of a failure to provide adequate reasoning for targeting the cosmetics sector and reliance on inaccurate data. The association also contends that the Directive violates EU principles such as legal certainty, proportionality, and the polluter-pays principle.

Critically, the lawsuit warns that affected companies face significant financial burdens without clear evidence that the benefits of so-called quaternary wastewater treatment justify the cost. Moreover, producers are reportedly unclear about their obligations, introducing regulatory uncertainty at a time of intensifying compliance pressure across the chemicals ecosystem.