The EU Packaging Regulation is now in force, with key reforms to packaging and packaging waste legislation being introduced on a staggered basis. Businesses, including manufacturers, distributors, importers and suppliers, should thoroughly consider these reforms and take proactive steps to ensure compliance.

On 12 August 2026, Directive 94/62/EC was replaced by Regulation (EU) 2025/40 on packaging and packaging waste. The Regulation establishes requirements for the entire life-cycle of packaging in respect of its labelling and environmental sustainability, as well as requirements for extended producer responsibility, and package waste prevention, collection, and treatment. It applies to all packaging, regardless of the material used, and to all packaging waste. 

The scale of ambition behind the Regulation is significant; with the aim being to reduce packaging waste per capita by at least 5% by 2030, 10% by 2035, and 15% by 2040 relative to 2018 levels. Packaging is therefore now only allowed on the market if it complies with the Regulation. 

Since the Regulation is directly applicable in all EU Member States, it brings greater consistency for businesses operating across the EU, but it also means there is less flexibility at national level to soften or adapt obligations imposed on businesses. Businesses that play a part in product packaging, such as manufacturers, distributors, importers and suppliers, should be cognisant of the obligations now placed on them under the Regulation.

Key reforms

Restrictions on substances of concern

Under the Regulation, packaging placed on the market is to be manufactured in a manner which reduces the presence and concentration of “substances of concern” (as defined under Regulation (EU) 2024 / 1781), including those in any emissions or outcomes of waste management. For example, the sum of the concentration of lead, cadmium, mercury and hexavalent chromium in packaging or packaging components shall not exceed 100mg per kg. Likewise, food-contact packaging shall not be placed on the market if it contains per- and polyfluorinated alkyl substances (PFAS) above certain specified thresholds. 

Compliance with these requirements is to be documented in technical documentation as detailed under the Regulation. Businesses should therefore audit their packaging supply chains to ensure, not only that their packaging complies with the Regulation, but that their technical documentation is up to scratch. 

All packaging must be recyclable

Under the Regulation, all packaging placed on the market must be “recyclable”. Packaging is considered recyclable if it fulfils certain conditions, such as being designed for material recycling (which allows certain secondary raw materials to be used instead of primary raw materials); and when it becomes waste, it can be collected, sorted, and recycled at scale. Certain exceptions apply, for example, where the packaging is for medicinal products or devices. 

From 1 January 2030, packaging shall not be placed on the market unless it achieves a minimum grade C under a new A-C recyclability grading framework. From 2038, only grades A and B will be permitted. 

From 1 January 2030, packaging must also be minimised in weight and volume to only what is functionally necessary – features that are designed only to increase perceived volume (such as double walls or false bottoms), will be prohibited. Similarly, economic operators who fill grouped packaging, transport packaging or e-commerce packaging, are to ensure that the empty space ratio does not exceed 50%. 

Plastic packaging

The Regulation requires that, by 1 January 2030, any plastic part of packaging placed on the market is to contain a certain percentage of recycled content which has been recovered from post-consumer plastic waste.

The percentages of post-consumer recycled content that is required depends on the type of packaging concerned. For example, single-use plastic beverage bottles are to contain 30% of post-consumer recycled content. Likewise, contact-sensitive packaging made of polyethylene terephthalate (PET) as its main component, is to include 30% of post-consumer recycled content. These percentages are to increase substantially by January 2040. Certain exceptions apply, for example, where the packaging is for medicinal products and / or devices, food for infants and / or young children, or used to transport dangerous goods. 

From 1 January 2030, certain packaging formats will be banned from the market. This will include certain single-use plastic formats, such as shrink wrap, disposable plates and cups, condiment sachets, and packaging for produce that weighs less than 1.5kg – unless the packaging falls under one of the exemptions provided for under the Regulation. 

Mandatory reuse and refill obligations

The Regulation identifies certain characteristics that packaging must have in order for it to be considered “reusable”. Some of these characteristics include that the packaging has been conceived, designed and placed on the market with the objective of being re-used multiple times; and that it has been conceived and designed to accomplish as many rotations as possible under normally predicted conditions of use. However, this latter requirement is to be supplemented by the Commission by 12 February 2027 to identify the minimum number of rotations “reusable” packaging must accomplish. 

The Regulation also introduces mandatory reuse and refill obligations. From 12 February 2027, final distributors, such as hospitality and catering businesses, must allow a ‘bring your own’ container system for takeaway hot and cold beverages and ready-prepared food. By the following year, final distributors, while maintaining pricing parity, must also offer reusable packaging options for takeaway products, with consumers to be informed of this option at the point of sale.  

From 1 January 2030, reuse targets will also require that at least 40% of transport packaging (such as pallets, boxes, trays, crates, etc) is reusable. Similarly, by the same date, final distributors are to ensure at least 10% of beverages in sales packaging are offered to consumers in reusable packaging. 

Labelling

From 12 August 2028, all packaging must carry a harmonised label on material composition to help consumers sort waste correctly. At the same time, harmonised labels on waste receptacles for separate collection, will become mandatory. From 12 February 2029, reusable packaging must carry a specific reusability label with further information accessible via QR code. While environmental claims can be made in relation to packaging on the market, they must only be made if they fulfil certain requirements set out under the Regulation. 

Businesses should review their pack specifications and artwork to ensure compatibility with the harmonised label requirements ahead of the deadlines. They should also ensure that any environmental claims in respect of their packaging, is compliant with the Regulation. 

By 1 January 2029, Member States are to establish deposit and return systems and must achieve the separate collection of at least 90% of single-use plastic beverage bottles and single-use metal beverage containers. 

Representatives and registration 

Where a producer makes packaging or packaged products available in a Member State for the first time, other than in the Member State where the producer is established, they are to appoint, by written mandate, an authorised representative for their extended producer responsibility. The authorised representative is appointed in order to fulfil the obligations of the producer under the Regulation in respect of the management of packaging and of packaging waste. 

By the end of 2026, the Commission is expected to adopt an implementing act establishing the format for registration into, and the reporting to, a designated register of producers. The Commission launched a public consultation in respect of that draft implementing act on 6 August 2026. Eighteen months after the first implementing act is adopted, each Member State will be required to establish a national register to monitor compliance of producers with the requirements under the Management chapter of the Regulation.

In turn, producers will be required to register where they make packaging or packaged products available in the territory of the Member State for the first time, or where they unpack packaged products without being end users. 

Manufacturer and importer obligations 

Before packaging is placed on the market, manufacturers are required to carry out a conformity assessment and draw up technical documentation as dictated by the Regulation. The technical documentation and a declaration of conformity shall be kept for 5 years in the case of single-use packaging, and for 10 years for reusable packaging. Certain identification and contact details, as detailed under the Regulation, should be included on the packaging. 

On the other hand, importers shall only place packaging on the market where it conforms with the requirements set out in the Regulation. Importers are to ensure the conformity assessment has been carried out and that the technical documentation exists. Importers should also ensure that labelling requirements are met and that the manufacturer has included the relevant identification and contact details on the packaging. 

Key takeaways

The Regulation represents one of the most wide-ranging reforms of packaging law since the 90s. Thorough consideration of the reforms and early preparation by businesses to ensure compliance will be essential for them to avoid potential market access issues and reputational risk. Further, by 12 February 2027, Member States are to lay down rules on penalties that will be applicable where the Regulation is infringed. 

Therefore, while many of the significant obligations imposed by the Regulation will become enforceable on a staggered basis, it is important that businesses take proactive steps to remain compliant with the Regulations at all stages of integration.

If you require further information on how the Regulation applies to you or your business, please reach out to Darragh Killeen or Shannon Fahy.