Emtract Ingest

Packaging and Packaging Waste Regulation In force

Overview

Jurisdiction
European Union
Topic
Sustainability
Instrument type
Regulation
Reference number
2025/40
Valid from
2025-02-11
Valid to
2026-08-12
Modified date
2025-01-22
Listed at
2026-08-06
Withdrawn at
-
Description
The Regulation establishes EU-wide requirements for packaging and packaging waste across their entire life cycle, including sustainability, recyclability, recycled content, labelling, packaging minimisation, reuse, refill, extended producer responsibility, collection and recycling.

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Sources

Source URL Crawler Publish date
https://publications.europa.eu/resource/celex/32025R0040 Manual

Logs

Type Status Started at Finished at
Download Finished 2026-09-09 19:05:29 UTC 2026-09-09 19:05:47 UTC

[INFO] [Crawlers::ReverseMarkdownRegulationDownloader] downloading source from https://publications.europa.eu/resource/celex/32025R0040

[INFO] [Crawlers::ReverseMarkdownRegulationDownloader] converted HTML to Markdown (487834 source bytes) from https://publications.europa.eu/resource/celex/32025R0040

[INFO] [Crawlers::EurlexRegulationCrawler] downloaded regulation_source 26 from https://publications.europa.eu/resource/celex/32025R0040

[INFO] [Crawlers::EurlexRegulationCrawler] parsed 432 norms from Formex XML for https://publications.europa.eu/resource/celex/32025R0040

[INFO] [Crawlers::EurlexRegulationCrawler] parsed 37 annexes from Formex XML for https://publications.europa.eu/resource/celex/32025R0040

[INFO] [Crawlers::EurlexRegulationCrawler] linked consolidated regulation_source 6247 (https://publications.europa.eu/resource/celex/02025R0040-20250122) to regulation_source 26 (https://publications.europa.eu/resource/celex/32025R0040) and enqueued its download

[INFO] Enqueued RegulationSourceDownloaderJob (Job ID: f6900ef9-6ffc-4d20-a2b9-f65efeb3a0bd) to Sidekiq(default) with arguments: 6247

Parse Finished 2026-08-25 12:35:46 UTC 2026-08-25 12:37:26 UTC

[INFO] [AiRegulationParser] asking LLM for regulation metadata (model: gpt-5.6-luna) for regulation_source 26 https://publications.europa.eu/resource/celex/32025R0040

[INFO] [AiRegulationParser] asking LLM for obligations and penalties (model: gpt-5.6-luna) for regulation_source 26 https://publications.europa.eu/resource/celex/32025R0040

[INFO] [AiRegulationParser] asking LLM for regulation links (model: gpt-5.6-luna) for regulation_source 26 https://publications.europa.eu/resource/celex/32025R0040

[INFO] [AiRegulationParser] applying parse of regulation_source 26 https://publications.europa.eu/resource/celex/32025R0040

[INFO] [AiRegulationParser] updated regulation 102 (PPWR)

[INFO] [AiRegulationParser] unchanged milestone 1145 (adopted 2024-12-19)

[INFO] [AiRegulationParser] updated milestone 802 (entry_into_force 2025-02-11)

[INFO] [AiRegulationParser] updated milestone 805 (application_start 2026-08-12)

[INFO] [AiRegulationParser] updated milestone 803 (application_start 2026-08-12)

[INFO] [AiRegulationParser] updated milestone 804 (repeal 2026-08-12)

[INFO] [AiRegulationParser] updated milestone 806 (other 2027-02-12)

[INFO] [AiRegulationParser] updated milestone 808 (application_start 2028-08-12)

[INFO] [AiRegulationParser] created milestone 1224 (application_start 2029-02-12)

[INFO] [AiRegulationParser] updated milestone 809 (application_start 2030-01-01)

[INFO] [AiRegulationParser] updated milestone 811 (application_start 2038-01-01)

[INFO] [AiRegulationParser] deleted milestone 812 (application_start 2040-01-01)

[INFO] [AiRegulationParser] updated rule set 637 (Companies placing packaging on the Union market)

[INFO] [AiRegulationParser] created condition 2005 (regulation_subject_matter eq)

[INFO] [AiRegulationParser] created condition 2006 (market_action included_in)

[INFO] [AiRegulationParser] deleted condition 1469 (products contains_any)

[INFO] [AiRegulationParser] updated rule set 638 (Packaging supply-chain companies)

[INFO] [AiRegulationParser] created condition 2007 (duty_holder_role included_in)

[INFO] [AiRegulationParser] deleted condition 1801 (activities contains_any)

[INFO] [AiRegulationParser] updated rule set 639 (Packaging manufacturers)

[INFO] [AiRegulationParser] created condition 2008 (duty_holder_role eq)

[INFO] [AiRegulationParser] deleted condition 1802 (activities contains_any)

[INFO] [AiRegulationParser] updated rule set 640 (Producers subject to extended producer responsibility)

[INFO] [AiRegulationParser] created condition 2009 (duty_holder_role eq)

[INFO] [AiRegulationParser] created condition 2010 (market_action included_in)

[INFO] [AiRegulationParser] deleted condition 1803 (activities contains_any)

[INFO] [AiRegulationParser] updated rule set 641 (Companies using reusable packaging)

[INFO] [AiRegulationParser] updated condition 1474 (products contains_any)

[INFO] [AiRegulationParser] updated rule set 642 (HORECA final distributors offering takeaway products)

[INFO] [AiRegulationParser] created condition 2011 (duty_holder_role eq)

[INFO] [AiRegulationParser] created condition 2012 (nace_codes contains_any)

[INFO] [AiRegulationParser] deleted condition 1804 (activities eq)

[INFO] [AiRegulationParser] updated rule set 643 (Final distributors of alcoholic and non-alcoholic beverages)

[INFO] [AiRegulationParser] created condition 2013 (duty_holder_role eq)

[INFO] [AiRegulationParser] deleted condition 1805 (activities eq)

[INFO] [AiRegulationParser] updated rule set 810 (Companies placing plastic packaging on the market)

[INFO] [AiRegulationParser] updated condition 1806 (products contains_any)

[INFO] [AiRegulationParser] updated obligation 1287 (Conformity assessment and EU declaration of conformity)

[INFO] [AiRegulationParser] updated obligation 1288 (Retain conformity records)

[INFO] [AiRegulationParser] created obligation 1945 (Provide conformity information to the manufacturer)

[INFO] [AiRegulationParser] updated obligation 1290 (Verify imported packaging before placing it on the market)

[INFO] [AiRegulationParser] updated obligation 1291 (Verify packaging before making it available)

[INFO] [AiRegulationParser] updated obligation 1690 (Maintain packaging compliance during fulfilment)

[INFO] [AiRegulationParser] created obligation 1946 (Identify economic operators in the supply chain)

[INFO] [AiRegulationParser] created obligation 1947 (Meet packaging recyclability requirements)

[INFO] [AiRegulationParser] created obligation 1948 (Meet minimum recycled-content requirements)

[INFO] [AiRegulationParser] created obligation 1949 (Apply packaging labelling and digital information)

[INFO] [AiRegulationParser] updated obligation 1297 (Limit excessive empty space)

[INFO] [AiRegulationParser] updated obligation 1295 (Establish or use a compliant reuse system)

[INFO] [AiRegulationParser] updated obligation 1298 (Meet and report reuse targets)

[INFO] [AiRegulationParser] updated obligation 1691 (Provide refill information and compliant refill stations)

[INFO] [AiRegulationParser] created obligation 1950 (Provide takeaway refill and reuse options)

[INFO] [AiRegulationParser] created obligation 1951 (Register as a producer and submit producer data)

[INFO] [AiRegulationParser] updated obligation 1294 (Fulfil extended producer responsibility)

[INFO] [AiRegulationParser] deleted obligation 1293 (Register and report as a producer)

[INFO] [AiRegulationParser] deleted obligation 1302 (Inform end users about packaging waste)

[INFO] [AiRegulationParser] deleted obligation 1303 (Implement authority-ordered corrective measures)

[INFO] [AiRegulationParser] deleted obligation 1689 (Provide conformity information to manufacturers)

[INFO] [AiRegulationParser] created measure 1 (Create a packaging technical file)

[INFO] [AiRegulationParser] created measure 2 (Set up supply-chain traceability records)

[INFO] [AiRegulationParser] created measure 3 (Implement a packaging reuse and refill operating system)

[INFO] [AiRegulationParser] updated penalty 226 (Breaches of Articles 24 to 29, including excessive-packaging, packaging-format, reuse-system and reuse-target obligations, are subject to effective, proportionate and dissuasive administrative fines.)

[INFO] [AiRegulationParser] updated penalty 227 (Where formal non-compliance under Article 62(1), points (a) to (f), persists, packaging may be prohibited from being made available on the market, recalled or withdrawn.)

[INFO] [AiRegulationParser] updated penalty 228 (For persistent breaches of excessive-packaging, packaging-format, reuse, refill, recyclability or recycled-content requirements under Article 62(1), points (g) to (n), Member State penalties apply.)

[INFO] [AiRegulationParser] updated penalty 229 (If an economic operator does not take adequate corrective measures or non-compliance persists, market surveillance authorities may prohibit packaging from being made available, withdraw it or recall it.)

[INFO] [AiRegulationParser] updated penalty 266 (Member States must establish effective, proportionate and dissuasive penalties for infringements; breaches of Articles 24 to 29 must include administrative fines.)

[INFO] [AiRegulationParser] unchanged regulation link 443 (repeals Packaging and Packaging Waste Directive)

[INFO] [AiRegulationParser] unchanged regulation link 444 (related Ecodesign for Sustainable Products Regulation)

[INFO] [AiRegulationParser] unchanged regulation link 445 (cites European Climate Law)

[INFO] [AiRegulationParser] unchanged regulation link 446 (cites REACH Regulation)

[INFO] [AiRegulationParser] unchanged regulation link 447 (cites Industrial Emissions Directive)

[INFO] [AiRegulationParser] unchanged regulation link 448 (cites Empowering Consumers for the Green Transition Directive)

[INFO] [AiRegulationParser] unchanged regulation link 449 (cites Consumer Rights Directive)

[INFO] [AiRegulationParser] unchanged regulation link 450 (cites Food Information Regulation)

[INFO] [AiRegulationParser] unchanged regulation link 451 (cites Nutrition and Health Claims Regulation)

[INFO] [AiRegulationParser] unchanged regulation link 452 (cites Unfair Commercial Practices Directive)

[INFO] [AiRegulationParser] unchanged regulation link 453 (cites Ecodesign for Sustainable Products Regulation)

[INFO] [AiRegulationParser] unchanged regulation link 454 (cites Single-Use Plastics Directive)

[INFO] [AiRegulationParser] unchanged regulation link 442 (amends Single-Use Plastics Directive)

[INFO] [AiRegulationParser] created regulation link 1541 (amends Regulation (EU) 2019/1020)

[INFO] [AiRegulationParser] created regulation link 1542 (repeals Commission Decision 97/129/EC)

[INFO] [AiRegulationParser] deleted regulation link 1098 (related Regulation (EU) 2024/1781)

[INFO] [AiRegulationParser] deleted regulation link 1099 (cites Directive (EU) 2024/825)

[INFO] [AiRegulationParser] deleted regulation link 1100 (cites Directive 2011/83/EU)

[INFO] [AiRegulationParser] deleted regulation link 1101 (cites Regulation (EU) No 1169/2011)

[INFO] [AiRegulationParser] deleted regulation link 1102 (cites Directive 2005/29/EC)

[INFO] [AiRegulationParser] deleted regulation link 1103 (cites Regulation (EU) 2024/1781)

[INFO] [AiRegulationParser] deleted regulation link 1104 (cites Directive (EU) 2019/904)

[INFO] [AiRegulationParser] deleted regulation link 1105 (amends Directive (EU) 2019/904)

[INFO] [AiRegulationParser] parsed regulation 102 with 11 milestones, 8 rule sets, 17 obligations, and 5 penalties

Download Finished 2026-08-24 15:16:37 UTC 2026-08-24 15:16:47 UTC

[INFO] [Crawlers::ReverseMarkdownRegulationDownloader] downloading source https://publications.europa.eu/resource/celex/32025R0040

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[INFO] [Crawlers::EurlexRegulationCrawler] parsed 432 norms for https://publications.europa.eu/resource/celex/32025R0040

Download Finished 2026-08-24 11:27:20 UTC 2026-08-24 11:33:14 UTC

[INFO] [Crawlers::ReverseMarkdownRegulationDownloader] downloading source https://publications.europa.eu/resource/celex/32025R0040

[INFO] [Crawlers::ReverseMarkdownRegulationDownloader] extracted 487834 source markdown bytes from https://publications.europa.eu/resource/celex/32025R0040

[INFO] [Crawlers::EurlexRegulationCrawler] downloaded regulation_source 26 from https://publications.europa.eu/resource/celex/32025R0040

[INFO] [AiMarkdownNormsExtractor] asking LLM to extract norms 1/6

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[INFO] [AiMarkdownNormsExtractor] parsed 113 norms for https://publications.europa.eu/resource/celex/32025R0040

Rule sets

Label Effective
Companies placing packaging on the Union market 2026-08-12 — 9999-12-31
Applies from milestone:
Application Start (2026-08-12)
Expires at milestone:
-

No conditions.

Packaging supply-chain companies 2026-08-12 — 9999-12-31
Applies from milestone:
Application Start (2026-08-12)
Expires at milestone:
-

No conditions.

Packaging manufacturers 2026-08-12 — 9999-12-31
Applies from milestone:
Application Start (2026-08-12)
Expires at milestone:
-

No conditions.

Producers subject to extended producer responsibility 2026-08-12 — 9999-12-31
Applies from milestone:
Application Start (2026-08-12)
Expires at milestone:
-

No conditions.

Companies using reusable packaging 2026-08-12 — 9999-12-31
Applies from milestone:
Application Start (2026-08-12)
Expires at milestone:
-
Conditions:
  • Products contains No Linked Attribute Value “reusable packaging” “Mehrwegverpackungen”
HORECA final distributors offering takeaway products 2027-02-12 — 9999-12-31
Applies from milestone:
Other (2027-02-12)
Expires at milestone:
-
Conditions:
  • NACE codes contains No Linked Attribute Value “HORECA” “Accommodation and Food Service Activities”
Final distributors of alcoholic and non-alcoholic beverages 2030-01-01 — 9999-12-31
Applies from milestone:
Application Start (2030-01-01)
Expires at milestone:
-

No conditions.

Companies placing plastic packaging on the market 2030-01-01 — 9999-12-31
Applies from milestone:
Application Start (2030-01-01)
Expires at milestone:
-
Conditions:
  • Products contains No Linked Attribute Value “plastic packaging” “plastic part of packaging”

Questions this regulation asks

Attributes only this regulation asks about — criteria no general attribute expresses. A company answers each once.

This regulation asks no questions of its own — every condition uses a general attribute.

Obligations

Title Kind Rule set
Conformity assessment and EU declaration of conformity Approval -
Description:
Before placing packaging on the market, manufacturers must carry out or commission the conformity assessment, draw up the technical documentation and, where conformity is demonstrated, draw up an EU declaration of conformity.
Frequency:
Event-triggered
Check frequency:
Event-triggered
Products/Services:
Packaging placed on the market by manufacturers.
Checking responsibility:
Manufacturer; national authorities may request the documentation.
Check method:
Review of the conformity assessment, technical documentation and EU declaration of conformity.
Rule set:
-
Source reference:
Article 15(2)
Source excerpt:
Before placing packaging on the market, manufacturers shall carry out the conformity assessment procedure referred to in Article 38 or have it carried out on their behalf, and shall draw up the technical documentation referred to in Annex VII.Where compliance of packaging with the applicable requirements has been demonstrated by the conformity assessment procedure referred to in Article 38, manufacturers shall draw up an EU declaration of conformity in accordance with Article 39.
Retain conformity records Record Keeping -
Description:
Manufacturers must retain the technical documentation and EU declaration of conformity for five years for single-use packaging and ten years for reusable packaging.
Frequency:
Continuous
Check frequency:
Event-triggered
Products/Services:
Technical documentation and EU declarations of conformity.
Checking responsibility:
Manufacturers and authorised representatives where applicable.
Check method:
Document inspection by market surveillance authorities.
Rule set:
-
Source reference:
Article 15(3)(a)-(b)
Source excerpt:
in the case of single-use packaging: for 5 years from the date the packaging was placed on the market; in the case of reusable packaging: for 10 years from the date the packaging was placed on the market.
Verify imported packaging before placing it on the market Due Diligence -
Description:
Importers must verify conformity assessment, technical documentation, labelling, accompanying documents and manufacturer identification before placing packaging on the market, and must withhold non-compliant packaging.
Frequency:
Event-triggered
Check frequency:
Event-triggered
Products/Services:
Packaging imported from third countries and placed on the Union market.
Checking responsibility:
Importer; market surveillance authorities may inspect the evidence.
Check method:
Inspection of conformity, labels, documents and manufacturer information.
Rule set:
-
Source reference:
Article 18(2)
Source excerpt:
Before placing packaging on the market, importers shall ensure that: (a) the conformity assessment procedure referred to in Article 38 has been carried out by the manufacturer and that the manufacturer has drawn up the technical documentation referred to in Annex VII and required under or pursuant to Articles 5 to 11; (b) the packaging is labelled in accordance with Article 12;
Verify packaging before making it available Due Diligence -
Description:
Distributors must verify producer registration, packaging labelling and the compliance of the manufacturer and importer before making packaging available.
Frequency:
Event-triggered
Check frequency:
Event-triggered
Products/Services:
Packaging made available by distributors.
Checking responsibility:
Distributor; market surveillance authorities may verify compliance.
Check method:
Checks of registration, labelling and operator information.
Rule set:
-
Source reference:
Article 19(2)(a)-(c)
Source excerpt:
Before making packaging available on the market, distributors shall verify that: (a) the producer that is subject to the obligations on extended producer responsibility for the packaging is registered in the register of producers referred to in Article 44; (b) the packaging is labelled in accordance with Article 12;
Fulfil extended producer responsibility Other -
Description:
Producers must assume extended producer responsibility for packaging first made available in a Member State or unpacked without being an end user and must finance the prescribed packaging-waste management costs.
Frequency:
Continuous
Check frequency:
Continuous
Products/Services:
Packaging for which the company is the producer.
Checking responsibility:
Producer or producer responsibility organisation; competent authorities supervise.
Check method:
Review of registration, financing, waste-management arrangements and reporting.
Rule set:
-
Source reference:
Article 45(1)-(2)
Source excerpt:
Producers shall have extended producer responsibility under the schemes established in accordance with Articles 8 and 8a of Directive 2008/98/EC and with this Section 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.
Establish or use a compliant reuse system Governance -
Description:
Companies making reusable packaging available for the first time must ensure that a compliant reuse system with a collection incentive exists; companies using reusable packaging must participate in compliant reuse systems and ensure reconditioning before reuse.
Frequency:
Continuous
Check frequency:
Continuous
Products/Services:
Reusable packaging placed on the market or used within a reuse system.
Checking responsibility:
Economic operator using or first making the reusable packaging available.
Check method:
Review of system arrangements, collection incentives and reconditioning records.
Rule set:
-
Source reference:
Articles 26(1) and 27(1)-(2)
Source excerpt:
Economic operators who make reusable packaging available on the territory of a Member State for the first time shall ensure that a system is in place in that Member State for the re-use of that packaging which includes an incentive to ensure the collection of that packaging and which meets the requirements laid down in Annex VI.
Limit excessive empty space Other -
Description:
Economic operators filling grouped, transport or e-commerce packaging must limit the empty-space ratio to 50%; operators filling sales packaging must reduce empty space to the minimum necessary for functionality.
Frequency:
Continuous
Check frequency:
Continuous
Products/Services:
Grouped, transport, e-commerce and sales packaging.
Checking responsibility:
Economic operator filling the packaging.
Check method:
Measurement using the prescribed empty-space ratio methodology.
Rule set:
-
Source reference:
Article 24(1) and (4)
Source excerpt:
economic operators who fill grouped packaging, transport packaging or e-commerce packaging shall ensure that the maximum empty space ratio, expressed as a percentage, is 50 %
Meet and report reuse targets Reporting -
Description:
Companies subject to reuse targets must calculate achievement for each calendar year, submit the required report to the competent authority within six months after the reporting year and meet the applicable reuse percentages.
Frequency:
Annual
Check frequency:
Annual
Products/Services:
Transport, grouped and beverage packaging covered by Article 29 reuse targets.
Checking responsibility:
Economic operator or final distributor; competent authority receives the report.
Check method:
Annual calculation of reusable units or beverage volumes and electronic reporting.
Rule set:
-
Source reference:
Articles 30(1)-(2) and 31(1)-(3)
Source excerpt:
Economic operators as referred to in Article 29(1) to (8) shall submit a report containing data concerning the achievement of the re-use targets set out in Article 29 for each calendar year to the competent authority referred to in Article 40.
Maintain packaging compliance during fulfilment Due Diligence -
Description:
Fulfilment service providers must ensure that warehousing, handling, packing, addressing and dispatching conditions do not jeopardise packaging compliance.
Frequency:
Continuous
Check frequency:
Continuous
Products/Services:
Packaging handled by fulfilment service providers.
Checking responsibility:
Fulfilment service provider.
Check method:
Operational controls over storage, handling, packing, addressing and dispatch.
Rule set:
-
Source reference:
Article 20
Source excerpt:
Fulfilment service providers shall ensure that for packaging, whether empty or with a product, that they handle, the conditions during warehousing, handling and packing, addressing or dispatching do not jeopardise the packaging’s compliance with the requirements laid down in or pursuant to Articles 5 to 12.
Provide refill information and compliant refill stations Stakeholder Engagement -
Description:
Companies offering refill must inform end users about permitted containers, hygiene standards and health and safety responsibilities, regularly update and display the rules, and ensure that refill stations comply with Annex VI and other applicable Union law.
Frequency:
Continuous
Check frequency:
Continuous
Products/Services:
Products offered through refill stations.
Checking responsibility:
Economic operator offering refill.
Check method:
Review of consumer information and inspection of refill stations.
Rule set:
-
Source reference:
Article 28(1)-(2)
Source excerpt:
Economic operators who offer the possibility to purchase products through refill shall inform end users of the following (rules for refill):
Provide conformity information to the manufacturer Record Keeping -
Description:
Suppliers must provide manufacturers with all information and documentation necessary to demonstrate conformity of packaging and packaging materials, including required technical documentation.
Frequency:
Event-triggered
Check frequency:
Event-triggered
Products/Services:
Packaging and packaging materials supplied to manufacturers.
Checking responsibility:
Supplier; manufacturer verifies the information.
Check method:
Review of paper or electronic information and documentation.
Rule set:
-
Source reference:
Article 16(1)
Source excerpt:
Suppliers shall provide the manufacturer with all the information and documentation necessary for the manufacturer to demonstrate the conformity of the packaging and the packaging materials with this Regulation, including the technical documentation referred to in Annex VII and required under or pursuant to Articles 5 to 11, in one or more languages which can be easily understood by the manufacturer. That information and documentation shall be provided in either paper or electronic form.
Identify economic operators in the supply chain Record Keeping -
Description:
Economic operators must be able, upon request, to identify the economic operator that supplied them with packaging or packaged products and the operator to which they supplied them.
Frequency:
Event-triggered
Check frequency:
Event-triggered
Products/Services:
Packaging and packaged products supplied in the supply chain.
Checking responsibility:
Economic operator; market surveillance authorities may request the information.
Check method:
Supply-chain records identifying upstream and downstream operators.
Rule set:
-
Source reference:
Article 22(1)-(2)
Source excerpt:
Economic operators shall, upon request, provide information to the market surveillance authorities on the following: (a) the identity of any economic operator that has supplied them with packaging or packaged products; (b) the identity of any economic operator to which they have supplied packaging or packaged products.
Meet packaging recyclability requirements Due Diligence -
Description:
Companies placing packaging on the market must ensure that it is recyclable and must demonstrate compliance in the technical documentation; from 2030, packaging must generally achieve grade A, B or C, and from 2038 grade A or B.
Frequency:
Continuous
Check frequency:
Event-triggered
Products/Services:
All packaging placed on the market, subject to statutory exceptions.
Checking responsibility:
Manufacturer assesses recyclability; economic operator ensures compliant placing on the market.
Check method:
Recyclability assessment and technical documentation under Annex VII.
Rule set:
-
Source reference:
Article 6(1), (3) and (9)
Source excerpt:
All packaging placed on the market shall be recyclable.
Meet minimum recycled-content requirements Due Diligence -
Description:
Companies placing plastic packaging on the market must meet the applicable minimum percentages of recycled content recovered from post-consumer plastic waste and demonstrate compliance in technical information.
Frequency:
Continuous
Check frequency:
Event-triggered
Products/Services:
Plastic parts of packaging placed on the market, subject to statutory exceptions.
Checking responsibility:
Manufacturer or importer; authorities may verify technical information.
Check method:
Calculation and verification of recycled-content percentages and review of technical information.
Rule set:
-
Source reference:
Article 7(1), (2) and (6)
Source excerpt:
any plastic part of packaging placed on the market shall contain the following minimum percentage of recycled content recovered from post-consumer plastic waste, per packaging type and format as referred to in Table 1 of Annex II, calculated as an average per manufacturing plant and year:
Apply packaging labelling and digital information Other -
Description:
Companies placing packaging on the market must apply the required harmonised labels and, where applicable, digital marking, visibly, legibly and firmly, and make the information available before online purchase.
Frequency:
Event-triggered
Check frequency:
Event-triggered
Products/Services:
Packaging placed on the market, including reusable and substance-of-concern packaging where applicable.
Checking responsibility:
Economic operator placing packaging on the market; market surveillance authorities inspect labelling.
Check method:
Visual and digital-label inspection.
Rule set:
-
Source reference:
Article 12(1) and (5)
Source excerpt:
From 12 August 2028 or 24 months from the date of entry into force of the implementing acts adopted pursuant to paragraphs 6 or 7 of this Article, whichever is the latest, packaging placed on the market shall be marked with a harmonised label containing information on its material composition in order to facilitate consumer sorting.
Provide takeaway refill and reuse options Stakeholder Engagement -
Description:
HORECA final distributors must provide systems for consumers to use their own containers by 12 February 2027 and offer reusable packaging options by 12 February 2028, without charging more or applying less favourable conditions.
Frequency:
Continuous
Check frequency:
Continuous
Products/Services:
Hot and cold beverages and ready-prepared food in takeaway packaging.
Checking responsibility:
HORECA final distributor.
Check method:
Inspection of available systems, point-of-sale information and pricing conditions.
Rule set:
-
Source reference:
Articles 32(1)-(2) and 33(1)-(3)
Source excerpt:
final distributors that conduct their business activity in the HORECA sector and that make available on the territory of a Member State hot or cold beverages in take-away packaging shall provide a system for consumers to bring their own container to be filled;
Register as a producer and submit producer data Reporting -
Description:
Producers must register in each Member State where they first make packaging or packaged products available or unpack packaged products without being end users, and submit the prescribed annual information by 1 June for the preceding calendar year.
Frequency:
Annual
Check frequency:
Annual
Products/Services:
Packaging and packaged products subject to producer responsibility.
Checking responsibility:
Producer, authorised representative or producer responsibility organisation as provided by national law.
Check method:
Electronic registration and submission of annual data to the national producer register.
Rule set:
-
Source reference:
Article 44(2) and (7)
Source excerpt:
Producers shall be obliged to register in the register referred to in paragraph 1 of this Article in each Member State where they make packaging or packaged products available on the territory of the Member State for the first time or where they unpack packaged products without being end users

Measures

Title Due date
Create a packaging technical file -
Description:
Compile the conformity assessment, recyclability, substance, recycled-content, minimisation and labelling evidence required for the packaging technical documentation.
Obligations:
  • Conformity assessment and EU declaration of conformity
  • Meet packaging recyclability requirements
  • Meet minimum recycled-content requirements
Source reference:
Articles 6(9), 7(6), 10(4), 12 and 15(2)
Source excerpt:
Compliance with the requirements set out in paragraphs 2 and 3 of this Article shall be demonstrated in the technical documentation concerning the packaging as set out in Annex VII.
Set up supply-chain traceability records -
Description:
Maintain records identifying upstream and downstream economic operators and retain them for the applicable period.
Obligations:
  • Identify economic operators in the supply chain
Source reference:
Article 22(1)-(2)
Source excerpt:
Economic operators shall be able to provide the information referred to in paragraph 1, point (a), as follows: (a) as regards single use packaging: for 5 years from the date they supplied or were supplied with the packaging; (b) as regards reusable packaging: for 10 years from the date they have supplied or been supplied with the reusable packaging.
Implement a packaging reuse and refill operating system -
Description:
Establish collection incentives, reconditioning processes, refill rules, compliant refill stations and consumer information for reusable packaging and refill operations.
Obligations:
  • Establish or use a compliant reuse system
  • Provide refill information and compliant refill stations
Source reference:
Articles 26 to 28
Source excerpt:
Economic operators that make use of reusable packaging shall participate in one or more re-use systems and shall ensure that the re-use systems within which the reusable packaging can be re-used comply with the requirements laid down in Part A of Annex VI.

Penalties

Description Kind Rule set
Breaches of Articles 24 to 29, including excessive-packaging, packaging-format, reuse-system and reuse-target obligations, are subject to effective, proportionate and dissuasive administrative fines. Monetary Fine -
Responsible authority:
Authorities or courts designated by the Member States.
Source reference:
Article 68(2)
Source excerpt:
The penalties for failure to comply with Articles 24 to 29 shall include administrative fines.
Where formal non-compliance under Article 62(1), points (a) to (f), persists, packaging may be prohibited from being made available on the market, recalled or withdrawn. Prohibition of Sales -
Responsible authority:
Market surveillance authorities of the Member States.
Source reference:
Article 62(2)
Source excerpt:
Where the non-compliance referred to in paragraph 1, points (a) to (f), persists, the Member State concerned shall take all appropriate measures to prohibit the packaging from being made available on the market or to ensure that the packaging is recalled or withdrawn from the market.
For persistent breaches of excessive-packaging, packaging-format, reuse, refill, recyclability or recycled-content requirements under Article 62(1), points (g) to (n), Member State penalties apply. Other -
Responsible authority:
Authorities or courts designated by the Member States.
Source reference:
Article 62(3)
Source excerpt:
Where the non-compliance referred to in paragraph 1, points (g) to (n), of this Article persists, Member States shall apply the rules on penalties applicable to infringements of this Regulation which are laid down by the Member States in accordance with Article 68.
If an economic operator does not take adequate corrective measures or non-compliance persists, market surveillance authorities may prohibit packaging from being made available, withdraw it or recall it. Prohibition of Sales -
Responsible authority:
Market surveillance authorities of the Member States.
Source reference:
Article 58(5)
Source excerpt:
Where the economic operator does not take adequate corrective measures within the period referred to in paragraph 1, third subparagraph, or the non-compliance persists, the market surveillance authorities shall take all appropriate provisional measures to prohibit the making available of the packaging on their territory, to withdraw it or to recall it.
Member States must establish effective, proportionate and dissuasive penalties for infringements; breaches of Articles 24 to 29 must include administrative fines. Monetary Fine -
Responsible authority:
Authorities or courts designated by the Member States.
Source reference:
Article 68(1)-(2)
Source excerpt:
The penalties provided for shall be effective, proportionate and dissuasive.

Milestones

Date Type Description
2024-12-19 Adopted Adoption of Regulation (EU) 2025/40.
Source reference:
Final provision following Article 71
Source excerpt:
Done at Brussels, 19 December 2024.
2025-02-11 Entry into Force The Regulation enters into force on the twentieth day following its publication in the Official Journal of the European Union.
Source reference:
Article 71
Source excerpt:
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
2026-08-12 Application Start Restrictions on specified PFAS concentrations in food-contact packaging begin to apply.
Source reference:
Article 5(5)
Source excerpt:
From 12 August 2026, food-contact packaging shall not be placed on the market if it contains per- and polyfluorinated alkyl substances (PFAS) in a concentration equal to or above the following limit values
2026-08-12 Repeal Directive 94/62/EC is repealed, subject to specified transitional provisions.
Source reference:
Article 70(1)
Source excerpt:
Directive 94/62/EC is repealed with effect from 12 August 2026
2026-08-12 Application Start The Regulation starts to apply generally.
Source reference:
Article 71
Source excerpt:
It shall apply from 12 August 2026.
2027-02-12 Other Member States must establish and implement penalty rules.
Source reference:
Article 68(1)
Source excerpt:
By 12 February 2027, Member States shall lay down the rules on penalties applicable to infringements of this Regulation and shall take all measures necessary to ensure that they are implemented.
2028-08-12 Application Start Harmonised packaging labelling generally starts to apply, subject to the statutory alternative date.
Source reference:
Article 12(1)
Source excerpt:
From 12 August 2028 or 24 months from the date of entry into force of the implementing acts adopted pursuant to paragraphs 6 or 7 of this Article, whichever is the latest, packaging placed on the market shall be marked with a harmonised label
2029-02-12 Application Start Article 67(5) starts to apply.
Source reference:
Article 71
Source excerpt:
However, Article 67(5) shall apply from 12 February 2029.
2030-01-01 Application Start Minimum recycled-content percentages for plastic packaging generally start to apply.
Source reference:
Article 7(1)
Source excerpt:
By 1 January 2030 or 3 years from the date of entry into force of the implementing act referred to in paragraph 8 of this Article, whichever is the latest, any plastic part of packaging placed on the market shall contain the following minimum percentage of recycled content recovered from post-consumer plastic waste, per packaging type and format as referred to in Table 1 of Annex II, calculated as an average per manufacturing plant and year:
2030-01-01 Application Start Minimum recyclability requirements and minimum recycled-content percentages for plastic packaging generally begin to apply.
Source reference:
Article 7(1)
Source excerpt:
By 1 January 2030 or 3 years from the date of entry into force of the implementing act referred to in paragraph 8 of this Article, whichever is the latest, any plastic part of packaging placed on the market shall contain the following minimum percentage of recycled content
2038-01-01 Application Start Packaging may be placed on the market only if it achieves recyclability grade A or B.
Source reference:
Article 6(3)
Source excerpt:
from 1 January 2038 packaging shall not be placed on the market unless it is recyclable within grades A or B as described in Table 3 of Annex II.

Linked regulations

Type Regulation
Repeals Commission Decision 97/129/EC
Repeals Packaging and Packaging Waste Directive
Related Ecodesign for Sustainable Products Regulation
Cites European Climate Law
Cites REACH Regulation
Cites Industrial Emissions Directive
Cites Empowering Consumers for the Green Transition Directive
Cites Consumer Rights Directive
Cites Food Information Regulation
Cites Nutrition and Health Claims Regulation
Cites Unfair Commercial Practices Directive
Cites Ecodesign for Sustainable Products Regulation
Cites Single-Use Plastics Directive
Amends Single-Use Plastics Directive
Amends Regulation (EU) 2019/1020