The problem
Article 58(7) — financial guarantee
Producers, and appointed PROs, must provide a guarantee covering waste-management costs in the event of non-compliance with EPR obligations, including permanent cessation of operations or insolvency. Member States may add further requirements.
Regulation (EU) 2023/1542, Art. 58(7)
This is the specific obligation most producers still have no concrete answer for — a Union rule whose mechanics are then tightened nationally.
What to read
- Art. 58(7) financial guarantee
- Member State competence to add further requirements
Where LOOBA sits
Service 1.3, the Battery EPR Reserve, funds a segregated reserve through a Swiss-based independent Issuer, collateral account, Custodian and Security Agent, plus an independent bank Performance Guarantee, so Art. 58(7) is satisfied directly.
Orientation for professional counterparties. Not legal advice.