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Packaging and Packaging Waste Regulation In force Unlisted

Overview

Jurisdiction
European Union
Topic
-
Instrument type
Regulation
Reference number
2025/40
Valid from
2025-02-11
Valid to
2026-08-12
Modified date
2201-01-22
Listed at
Unlisted draft
Withdrawn at
-
Description
Requirements for the entire life cycle of packaging and packaging waste, including sustainability, labelling, recyclability, reuse, waste prevention, extended producer responsibility, and the collection and treatment of packaging waste.

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Sources

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Rule sets

Label Effective
Companies making packaging available on the Union market 2026-08-12 — 9999-12-31
Country scope:
AT, BE, BG, HR, CY, CZ, DK, EE, FI, FR, DE, GR, HU, IE, IT, LV, LT, LU, MT, NL, PL, PT, RO, SK, SI, ES, SE
Applies from milestone:
Application Start (2026-08-12)
Expires at milestone:
-
Conditions:
  • Products contains No Linked Attribute Value “packaging” “packaging waste”
Producers subject to extended producer responsibility 2026-08-12 — 9999-12-31
Country scope:
AT, BE, BG, HR, CY, CZ, DK, EE, FI, FR, DE, GR, HU, IE, IT, LV, LT, LU, MT, NL, PL, PT, RO, SK, SI, ES, SE
Applies from milestone:
Application Start (2026-08-12)
Expires at milestone:
-
Conditions:
  • Products contains No Linked Attribute Value “packaging” “packaged products”
Companies filling grouped, transport or e-commerce packaging 2030-01-01 — 9999-12-31
Country scope:
AT, BE, BG, HR, CY, CZ, DK, EE, FI, FR, DE, GR, HU, IE, IT, LV, LT, LU, MT, NL, PL, PT, RO, SK, SI, ES, SE
Applies from milestone:
Application Start (2030-01-01)
Expires at milestone:
-
Conditions:
  • Products contains No Linked Attribute Value “grouped packaging” “transport packaging” “e-commerce packaging”
HORECA final distributors offering takeaway products 2027-02-12 — 9999-12-31
Country scope:
AT, BE, BG, HR, CY, CZ, DK, EE, FI, FR, DE, GR, HU, IE, IT, LV, LT, LU, MT, NL, PL, PT, RO, SK, SI, ES, SE
Conditions:
  • Activities contains No Linked Attribute Value “HORECA” “take-away beverages” “take-away food”

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 declaration of conformity Approval -
Description:
Manufacturers may place on the market only packaging complying with Articles 5 to 12, must complete or commission a conformity assessment before placing it on the market, establish technical documentation and draw up an EU declaration of conformity.
Frequency:
Event-triggered
Check frequency:
Event-triggered
Products/Services:
All packaging, regardless of material, and all packaging waste
Checking responsibility:
Manufacturer; market surveillance authorities conduct risk-based checks
Check method:
Conformity assessment, technical documentation and EU declaration of conformity before placing on the market
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.
Retention of conformity records Record Keeping -
Description:
Manufacturers must retain technical documentation and EU declarations of conformity for five years for single-use packaging and ten years for reusable packaging.
Frequency:
One-time
Check frequency:
Event-triggered
Products/Services:
Technical documentation and EU declarations of conformity for single-use and reusable packaging
Checking responsibility:
Manufacturers and, where applicable, importers or authorised representatives
Check method:
Review of retained records by national authorities
Rule set:
-
Source reference:
Article 15(3)
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.
Registration in the producer register Reporting -
Description:
Producers must register in each Member State where they first make packaging or packaged products available or unpack packaging without being end users; they may not make such packaging available without registration.
Frequency:
One-time
Check frequency:
Annual
Products/Services:
Packaging and packaged products first made available in a Member State, and packaging unpacked without being an end user
Checking responsibility:
Competent national authority
Check method:
Electronic registration and submission of required data to the national producer register
Rule set:
-
Source reference:
Article 44(2)
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
Annual extended producer responsibility reporting Reporting -
Description:
Producers, producer responsibility organisations or re-use system operators must submit the prescribed annual data on packaging made available, collected, recycled and disposed of.
Frequency:
Annual
Check frequency:
Annual
Products/Services:
Packaging first made available in a Member State or unpacked without being an end user
Checking responsibility:
Competent authority; independent auditors where applicable
Check method:
Annual submission of quantity, waste, recycling and collection data to the competent authority
Rule set:
-
Source reference:
Article 44(10)
Source excerpt:
Producers, in the case of individual fulfilment of extended producer responsibility obligations, the producer responsibility organisation entrusted with carrying out those obligations, in the case of collective fulfilment of extended producer responsibility obligations, or the re-use system operators, in the case where re-use systems are fulfilling the extended producer responsibility obligations, shall submit the information set out in Part B, point 3, of Annex IX to the competent authority for each preceding calendar year on an annual basis.
Extended producer responsibility Other -
Description:
Producers must assume extended producer responsibility for packaging, including financing the labelling of waste receptacles and certain composition surveys.
Frequency:
Continuous
Check frequency:
Continuous
Products/Services:
Packaging, including packaging of packaged products, for which the producer is responsible
Checking responsibility:
Producer or appointed producer responsibility organisation
Check method:
Financial contributions and organisational arrangements for collection and waste management
Rule set:
-
Source reference:
Article 45(1)
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.
Packaging minimisation Due Diligence -
Description:
Manufacturers or importers must ensure that packaging is reduced to the minimum weight and volume necessary for functionality and does not contain unnecessary volume-increasing features.
Frequency:
Continuous
Check frequency:
Event-triggered
Products/Services:
Packaging placed on the market
Checking responsibility:
Manufacturer or importer
Check method:
Technical assessment of weight, volume and performance criteria
Rule set:
-
Source reference:
Article 10(1)
Source excerpt:
By 1 January 2030, the manufacturer or importer shall ensure that the packaging placed on the market is designed so that its weight and volume is reduced to the minimum necessary to ensure its functionality
Empty-space limitation Other -
Description:
Economic operators filling grouped, transport or e-commerce packaging must limit the empty-space ratio to no more than 50%; for sales packaging, empty space must be limited to the minimum necessary.
Frequency:
Continuous
Check frequency:
Continuous
Products/Services:
Grouped, transport and e-commerce packaging, and sales packaging
Checking responsibility:
Economic operators who fill packaging
Check method:
Calculation of the empty-space ratio under the Commission 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 %. Economic operators who fill sales packaging shall ensure that empty space is reduced to the minimum necessary for ensuring the packaging functionality
Participation in re-use systems and reconditioning Governance -
Description:
Economic operators using reusable packaging must participate in one or more compliant re-use systems and ensure that the packaging is reconditioned before being offered for use again.
Frequency:
Continuous
Check frequency:
Continuous
Products/Services:
Reusable packaging and re-use systems
Checking responsibility:
Economic operators using reusable packaging
Check method:
Evidence of a compliant re-use system and reconditioning
Rule set:
-
Source reference:
Article 27(1) and (2)
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. Economic operators that make use of reusable packaging shall ensure that such packaging is reconditioned in accordance with Part B of Annex VI prior to offering it again for use by end users.
Refill information and safety Stakeholder Engagement -
Description:
Economic operators offering refill must inform end users about permitted containers, hygiene standards and responsibilities, and ensure that refill stations meet the prescribed requirements.
Frequency:
Event-triggered
Check frequency:
Event-triggered
Products/Services:
Products offered through refill stations
Checking responsibility:
Economic operators offering refill
Check method:
Review of displayed refill rules and refill-station requirements
Rule set:
-
Source reference:
Article 28(1)
Source excerpt:
Economic operators who offer the possibility to purchase products through refill shall inform end users of the following (‘rules for refill’): (a) the types of containers that can be used to purchase the products on offer through refill; (b) the hygiene standards for refill; (c) the responsibility of the end user in relation to health and safety regarding the use of the containers referred to in point (a).
Packaging labelling Other -
Description:
Economic operators must apply the prescribed harmonised labels to packaging and must not provide misleading or confusing labels.
Frequency:
Continuous
Check frequency:
Continuous
Products/Services:
Packaging subject to labelling requirements
Checking responsibility:
Economic operators; market surveillance authorities
Check method:
Visual review of harmonised labels, digital data carriers and consumer information
Rule set:
-
Source reference:
Article 12(1)
Source excerpt:
packaging placed on the market shall be marked with a harmonised label containing information on its material composition in order to facilitate consumer sorting.
Corrective measures for non-compliance Due Diligence -
Description:
Where non-compliance is suspected, companies must immediately take corrective measures, bring the packaging into conformity, withdraw or recall it, and inform the relevant market surveillance authority.
Frequency:
Event-triggered
Check frequency:
Event-triggered
Products/Services:
Non-compliant packaging made available or placed on the market by a company
Checking responsibility:
Manufacturers, importers and distributors
Check method:
Internal monitoring, notification to market surveillance authorities and implementation of corrective measures
Rule set:
-
Source reference:
Article 15(8)
Source excerpt:
shall immediately take the corrective measures necessary to bring that packaging into conformity, to withdraw it or to recall it, as appropriate. Manufacturers shall immediately inform the market surveillance authority

Measures

No measures.

Penalties

Description Kind Rule set
Effective, proportionate and dissuasive administrative fines for breaches of obligations concerning excessive packaging, packaging formats, reusable packaging and re-use systems. Monetary Fine -
Responsible authority:
Von den Mitgliedstaaten bestimmte zuständige nationale Behörden oder zuständige nationale Gerichte
Source reference:
Article 68(2)
Source excerpt:
The penalties for failure to comply with Articles 24 to 29 shall include administrative fines.
Prohibition of making packaging available on the market and withdrawal or recall of non-compliant packaging where formal non-compliance persists. Prohibition of Sales -
Responsible authority:
Marktüberwachungsbehörden der Mitgliedstaaten
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.
Prohibition of making packaging available, withdrawal or recall where substantive non-compliance persists, including breaches concerning recyclability, recycled content, packaging restrictions or re-use targets. Prohibition of Sales -
Responsible authority:
Marktüberwachungsbehörden der Mitgliedstaaten
Source reference:
Article 58(5)
Source excerpt:
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.
Additional penalties to be established by Member States for infringements of the Regulation; they must be effective, proportionate and dissuasive. Other -
Responsible authority:
Mitgliedstaaten und ihre zuständigen nationalen Behörden
Source reference:
Article 68(1)
Source excerpt:
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. The penalties provided for shall be effective, proportionate and dissuasive.

Milestones

Date Type Description
2024-12-19 Adopted Adoption of the Regulation
Source reference:
Final provision after Article 71
Source excerpt:
Done at Brussels, 19 December 2024.
2025-01-22 Other Publication in the Official Journal of the European Union
Source reference:
Official Journal heading
Source excerpt:
2025/40 22.1.2025
2025-02-11 Entry into Force Entry into force of the Regulation
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 General application of the Regulation begins
Source reference:
Article 71
Source excerpt:
It shall apply from 12 August 2026.
2026-08-12 Repeal Repeal of Directive 94/62/EC
Source reference:
Article 70(1)
Source excerpt:
Directive 94/62/EC is repealed with effect from 12 August 2026
2026-08-12 Application Start PFAS restriction for food-contact packaging begins
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)
2028-01-01 Application Start Design-for-recycling requirements begin
Source reference:
Article 6(2)
Source excerpt:
Point (a) of the first subparagraph of this paragraph shall apply from 1 January 2030 or 24 months from the date of entry into force of the delegated acts adopted pursuant to the first subparagraph of paragraph 4, whichever is the latest.
2028-08-12 Application Start Packaging labelling obligations begin
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
2029-01-01 Application Start Mandatory collection and deposit-return requirements begin
Source reference:
Article 50(1)
Source excerpt:
By 1 January 2029, Member States shall take the necessary measures to ensure the separate collection of at least 90 % per year by weight
2030-01-01 Application Start Key recyclability, recycled-content and reuse requirements begin
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, whichever is the latest, any plastic part of packaging placed on the market shall contain the following minimum percentage of recycled content
2034-08-12 Other Commission evaluation of the Regulation
Source reference:
Article 69
Source excerpt:
By 12 August 2034, the Commission shall carry out an evaluation of this Regulation
2038-01-01 Application Start Packaging must achieve at least recyclability grade 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

Linked regulations

Type Regulation
Cites Industrial Emissions Directive
Repeals Packaging and Packaging Waste Directive
Cites Ecodesign for Sustainable Products Regulation
Cites European Climate Law
Cites REACH Regulation
Cites Empowering Consumers for the Green Transition Directive
Cites Unfair Commercial Practices Directive
Cites Consumer Rights Directive