Regulation (EU) 2025/40 of the European Parliament and of the Council of 19 December 2024 on packaging and packaging waste, amending Regulation (EU) 2019/1020 and Directive (EU) 2019/904, and repealing Directive 94/62/EC (Text with EEA relevance)

• CELEX: Regulation (EU) 2025/40
• Articles: 84

Article 1 Subject matter

1.   This Regulation establishes requirements for the entire life-cycle of packaging as regards environmental sustainability and labelling, to allow its placing on the market. It also establishes requirements for extended producer responsibility, packaging waste prevention, such as the reduction of unnecessary packaging and the re-use or refill of packaging, as well as the collection and treatment, including recycling, of packaging waste.

2.   This Regulation contributes to the efficient functioning of the internal market by harmonising national measures on packaging and packaging waste in order to avoid obstacles to trade and the distortion and restriction of competition within the Union, while preventing or reducing the adverse impacts of packaging and packaging waste on the environment and human health, on the basis of a high level of environmental protection.

3.   This Regulation contributes to the transition to a circular economy and to achieving climate neutrality at the latest by 2050, as provided for under Regulation (EU) 2021/1119 of the European Parliament and of the Council  ( 53 ) , by laying down measures in line with the waste hierarchy set out in Article 4 of Directive 2008/98/EC (‘waste hierarchy’).

Article 2 Scope

1.   This Regulation applies to all packaging, regardless of the material used, and to all packaging waste, whether such packaging is used in or such packaging waste originates from industry, other manufacturing, retail or distribution, offices, services or households.

2.   This Regulation applies without prejudice to the provisions of Directive 2008/98/EC as regards the management of hazardous waste as well as to Union regulatory requirements for packaging such as those for safety, quality, the protection of health and the hygiene of packed products, and to transport requirements. However, where this Regulation conflicts with Directive 2008/68/EC, Directive 2008/68/EC shall prevail.

Article 3 Definitions

1.   For the purposes of this Regulation, the following definitions apply:

(1)

‘packaging’ means an item, irrespective of the materials from which it is made, that is intended to be used by an economic operator for the containment, protection, handling, delivery or presentation of products to another economic operator or to an end user, and that can be differentiated by packaging format based on its function, material and design, including:

(a)

an item that is necessary to contain, support or preserve a product throughout its lifetime, without being an integral part of the product, and which is intended to be used, consumed or disposed of together with the product;

(b)

a component of, and ancillary element to, an item referred to in point (a) that is integrated into the item;

(c)

an ancillary element to an item referred to in point (a) that is hung directly on, or attached to, the product and that performs a packaging function, without being an integral part of the product, and which is intended to be used, consumed or disposed of together with the product;

(d)

an item that is designed and intended to be filled at the point of sale in order to dispense the product, which is also referred to as ‘service packaging’;

(e)

a disposable item that is sold and filled or designed and intended to be filled at the point of sale and which performs a packaging function;

(f)

a permeable tea, coffee or other beverage bag, or soft after-use system single-serve unit that contains tea, coffee or another beverage, and which is intended to be used and disposed of together with the product;

(g)

a non-permeable tea, coffee or other beverage system single-serve unit intended for use in a machine and which is used and disposed of together with the product;

(2)

‘waste’ means waste as defined in Article 3, point (1), of Directive 2008/98/EC; reusable packaging sent to reconditioning is not considered to be waste;

(3)

‘take-away packaging’ means service packaging filled at attended points of sale with beverages or ready-prepared food that are packaged for transportation and immediate consumption at another location without the need for any further preparation and are typically consumed from the packaging;

(4)

‘primary production packaging’ means an item designed and intended to be used as packaging for unprocessed products from primary production as defined in Regulation (EC) No 178/2002 of the European Parliament and of the Council  ( 54 ) ;

(5)

‘sales packaging’ means packaging conceived so as to constitute a sales unit consisting of products and packaging to the end user at the point of sale;

(6)

‘grouped packaging’ means packaging conceived so as to constitute a grouping of a certain number of sales units at the point of sale, irrespective of whether that grouping of sales units is sold as such to the end user or whether it serves as a means to facilitate the restocking of shelves at the point of sale or to create a stock-keeping or distribution unit, and which can be removed from the product without affecting its characteristics;

(7)

‘transport packaging’ means packaging conceived so as to facilitate the handling and transport of one or more sales units or a grouping of sales units, in order to prevent damage to the product from handling and transport, but which excludes road, rail, ship and air containers;

(8)

‘e-commerce packaging’ means transport packaging used to deliver products in the context of sale online or through other means of distance sales to the end user;

(9)

‘making available on the market’ means any supply of packaging, whether empty or with a product, for distribution, consumption or use on the Union market in the course of a commercial activity, whether in return for payment or free of charge;

(10)

‘placing on the market’ means the first making available of packaging, whether empty or with a product, on the Union market;

(11)

‘making available on the territory of the Member State’ means any supply of packaging, whether empty or with a product, for distribution, consumption or use on the territory of the Member State in the course of a commercial activity, whether in return for payment or free of charge;

(12)

‘economic operator’ means the manufacturer, the supplier, the importer, the distributor, the authorised representative, the final distributor and the fulfilment service provider;

(13)

‘manufacturer’ means any natural or legal person that manufactures packaging or a packaged product; however:

(a)

subject to point (b), where a natural or legal person has packaging or a packaged product designed or manufactured under its own name or trademark, regardless of whether any other trademark is visible on the packaging or on the packaged product, ‘manufacturer’ means that natural or legal person;

(b)

where the natural or legal person that has the packaging or packaged product designed or manufactured under its own name or trademark falls within the definition of micro-enterprise set out in Recommendation 2003/361/EC as applicable on 11 February 2025, and the natural or legal person that supplies the packaging to the natural or legal person that has the packaging designed or manufactured under its own name or trademark is located in the same Member State, ‘manufacturer’ means the natural or legal person that supplies the packaging;

(14)

‘distance contract’ means distance contract as defined in Article 2(7) of Directive 2011/83/EU of the European Parliament and of the Council  ( 55 ) ;

(15)

‘producer’ means any manufacturer, importer or distributor to whom, irrespective of the selling technique used, including by means of distance contracts, one of the following applies:

(a)

the manufacturer, importer or distributor is established in a Member State and makes available for the first time from within the territory of that Member State and on that same territory transport packaging, service packaging, or primary production packaging, whether as single-use packaging or as reusable packaging; or

(b)

the manufacturer, importer or distributor is established in a Member State and makes available for the first time from within the territory of that Member State and on that same territory products packaged in packaging other than those referred to in point (a); or

(c)

the manufacturer, importer or distributor is established in a Member State or in a third country and makes available for the first time on the territory of another Member State, directly to end users, transport packaging, service packaging or primary production packaging, whether as single-use packaging or as reusable packaging; or

(d)

the manufacturer, importer or distributor is established in a Member State or in a third country and makes available for the first time on the territory of another Member State, directly to end users, products packaged in packaging other than those referred to in point (c); or

(e)

the manufacturer, importer or distributor is established in a Member State and unpacks packaged products without being an end user, unless another person is the producer as defined in point (a), (b), (c) or (d);

(16)

‘supplier’ means any natural or legal person that supplies packaging or packaging material to a manufacturer;

(17)

‘importer’ means any natural or legal person established within the Union that places packaging from a third country on the market;

(18)

‘distributor’ means any natural or legal person in the supply chain, other than the manufacturer or importer, that makes packaging available on the market;

(19)

‘authorised representative’ means any natural or legal person established in the Union that has received a written mandate from the manufacturer to act on that manufacturer’s behalf in relation to specified tasks with regard to the manufacturer’s obligations under this Regulation;

(20)

‘authorised representative for the extended producer responsibility’ means any natural or legal person established in the Member State where the producer makes packaging or packaged products available on the territory of the Member State for the first time, or where it unpacks packaged products without being an end user, other than the Member State or the third country where the producer is established, and that is appointed by the producer in accordance Article 8a(5), third subparagraph, of Directive 2008/98/EC to fulfil the obligations of that producer under Chapter VIII of this Regulation;

(21)

‘final distributor’ means the natural or legal person in the supply chain that delivers packaged products, including through re-use, or products that can be purchased through refill to the end user;

(22)

‘consumer’ means any natural person who is acting for purposes which are outside their trade, business or profession;

(23)

‘end user’ means any natural or legal person that resides or is established in the Union to whom a product has been made available either as a consumer or as a professional end user in the course of its industrial or professional activities, and that does not make that product further available on the market in the form supplied to it;

(24)

‘composite packaging’ means a unit of packaging made of two or more different materials which are part of the weight of the main packaging material and cannot be separated manually and therefore form a single integral unit, unless one of the materials constitutes an insignificant part of the packaging unit and in any event no more than 5 % of the total mass of the packaging unit and excluding labels, varnishes, paints, inks, adhesives and lacquers; this is without prejudice to Directive (EU) 2019/904;

(25)

‘packaging waste’ means any packaging or packaging material that is waste, with the exception of production residues;

(26)

‘packaging waste prevention’ means measures that are taken before any packaging or packaging material has become packaging waste and that reduce the quantity of packaging waste, so that less or no packaging is required to contain, protect, handle, deliver or present products, including measures as regards the re-use of the packaging and measures to extend the life of the packaging before it becomes waste;

(27)

‘re-use’ means any operation by which reusable packaging is used again multiple times for the same purpose for which it was conceived;

(28)

‘single-use packaging’ means packaging which is not reusable packaging;

(29)

‘rotation’ means the cycle that reusable packaging accomplishes from the moment it is placed on the market together with the product it is intended to contain, protect, handle, deliver or present to the moment it is ready to be re-used within a re-use system with a view to it being supplied again to end users together with another product;

(30)

‘trip’ means the transfer of packaging, from filling or loading to emptying or unloading, as part of a rotation or on its own;

(31)

‘re-use system’ means the organisational, technical or financial arrangements, together with incentives, that allow re-use either in a closed loop or open loop system, such as a deposit and return system that ensures that packaging is collected for re-use;

(32)

‘reconditioning’ means any operation listed in Part B of Annex VI necessary to restore reusable packaging to a functional state for the purpose of its re-use;

(33)

‘refill’ means an operation by which a container that fulfils the packaging function, and that is either owned by the end user or purchased by the end user at the point of sale of the final distributor is filled by the end user or by the final distributor with one or several products purchased by the end user from the final distributor;

(34)

‘refill station’ means a place where a final distributor offers to end users products that can be purchased through refill;

(35)

‘HORECA sector’ means Accommodation and Food Service Activities according to NACE Rev. 2 – Statistical classification of economic activities;

(36)

‘sales area’ means the area dedicated to the display of goods offered for sale, to the payment for such goods, and to the circulation and presence of customers, but does not include the areas which are not open to the public, such as storage areas, or other areas where products are not displayed, such as car parks; in the context of e-commerce packaging, the storage and dispatch area is to be considered as sales area;

(37)

‘design for recycling’ means the design of packaging, including individual components of packaging, that ensures the recyclability of the packaging with established collection, sorting and recycling processes proven in an operational environment;

(38)

‘recyclability’ means the compatibility of packaging with the management and processing of waste by design, based on separate collection, sorting in separate streams, recycling at scale and the use of recycled materials to replace primary raw materials;

(39)

‘packaging waste recycled at scale’ means packaging waste which is collected separately, sorted and recycled in installed infrastructure, using established processes proven in an operational environment which ensure, at Union level, an annual quantity of recycled material under each packaging category listed in Table 2 of Annex II equal to or greater than 30 % for wood and 55 % for all other materials; it includes packaging waste that is exported from the Union for the purpose of waste management and which can be considered to meet the requirements of Article 53(11);

(40)

‘material recycling’ means any recovery operation by which waste materials are reprocessed into materials or substances, whether for the original or other purposes, with the exception of biological treatment of waste, reprocessing of organic material, energy recovery and reprocessing into materials that are to be used as fuels or for backfilling operations;

(41)

‘high-quality recycling’ means any recycling process which produces recycled materials that are of equivalent quality to the original materials, based on preserved technical characteristics, and that are used as a substitute to primary raw materials for packaging or other applications where the quality of the recycled material is retained;

(42)

‘packaging category’ means a combination of material and specific packaging design which determines recyclability by reference to established state-of-the-art collection, sorting and recycling processes proven in an operational environment and which is relevant for the definition of the design for recycling criteria;

(43)

‘integrated component’ means a packaging component, whether or not of the same material as, or distinct from, the main body of the packaging unit, that is integral to the packaging unit and its functioning, that does not need to be separated from the main body of the packaging unit in order to ensure the functionality of the packaging unit and that is typically discarded at the same time as the main body of the packaging unit, although not necessarily via the same disposal route;

(44)

‘separate component’ means a packaging component, whether or not from the same material as the main body of the packaging unit, that is distinct from the main body of the packaging unit, that needs to be disassembled completely and permanently from the main body of the packaging unit and that is typically discarded prior to and separately from the main body of the packaging unit, including packaging components that can be separated from each other simply through mechanical stress during transportation or sorting;

(45)

‘unit of packaging’ means a unit, including any integrated or separate components, which as a whole serves a packaging function, such as the containment, protection, handling, delivery, storage, transport or presentation of products, and includes independent units of grouped or transport packaging where they are discarded prior to the point of sale;

(46)

‘innovative packaging’ means a form of packaging that is manufactured using new materials, resulting in a significant improvement in the functions of the packaging, such as the containment, protection, handling, or delivery of products, and in overall demonstrable environmental benefits, with the exception of packaging that is the result of modification to existing packaging for the main purpose of improving the presentation of products and marketing;

(47)

‘secondary raw materials’ means materials that have undergone all necessary checking and sorting and been obtained through recycling processes and can substitute primary raw materials;

(48)

‘post-consumer plastic waste’ means waste that is plastic and that has been generated from plastic products that have been placed on the market or supplied for distribution, consumption or use in a third country in the course of a commercial activity, whether in return for payment or free of charge;

(49)

‘contact-sensitive packaging’ means packaging that is intended to be used for products falling within the scope of Regulations (EC) No 1831/2003 of the European Parliament and of the Council  ( 56 ) , (EC) No 1935/2004, (EC) No 767/2009 of the European Parliament and of the Council  ( 57 ) , (EC) No 1223/2009 of the European Parliament and of the Council  ( 58 ) , (EU) 2017/745, (EU) 2017/746, (EU) 2019/4 of the European Parliament and of the Council  ( 59 ) or (EU) 2019/6, or of Directives 2001/83/EC, 2002/46/EC of the European Parliament and of the Council  ( 60 ) or 2008/68/EC, or for products as defined in Articles 1 and 2 of Commission Decision (EU) 2023/1809  ( 61 ) ;

(50)

‘compostable packaging’ means packaging that biodegrades in industrially controlled conditions or that is capable of undergoing biological decomposition in such conditions, including through anaerobic digestion, but not necessarily in a home-composting environment, combined, if necessary, with physical treatment, resulting ultimately in the conversion of the packaging into carbon dioxide or, in the absence of oxygen, methane, and mineral salts, biomass and water, and that does not hinder or jeopardise the separate collection and the composting and anaerobic digestion process;

(51)

‘home compostable packaging’ means packaging that can biodegrade in non-controlled conditions that are not industrial-scale composting facilities and the composting process of which is performed by private individuals with the aim of producing compost for their own use;

(52)

‘plastic’ means a material consisting of a polymer within the meaning of Article 3, point (5), of Regulation (EC) No 1907/2006, to which additives or other substances may have been added, and which is capable of functioning as a main structural component of packaging, with the exception of natural polymers that have not been chemically modified;

(53)

‘biobased plastics’ means plastics made from biological resources, such as biomass feedstock, organic waste or by-products, and irrespective of whether the plastics are biodegradable or non-biodegradable;

(54)

‘single-use plastic beverage bottles’ means beverage bottles listed in Part F of the Annex to Directive (EU) 2019/904;

(55)

‘plastic carrier bags’ means carrier bags, with or without a handle, made of plastic, which are supplied to consumers at the point of sale of products;

(56)

‘lightweight plastic carrier bags’ means plastic carrier bags with a wall thickness below 50 microns;

(57)

‘very lightweight plastic carrier bags’ means plastic carrier bags with a wall thickness below 15 microns;

(58)

‘thick plastic carrier bags’ means plastic carrier bags with a wall thickness between 50 and 99 microns;

(59)

‘very thick plastic carrier bags’ means plastic carrier bags with a wall thickness above 99 microns;

(60)

‘waste receptacles’ means receptacles used to store and collect waste, for example containers, bins and bags;

(61)

‘deposit’ means a defined sum of money, not being part of the price of a packaged or filled product that is collected from the end user when purchasing such packaged or filled product, covered by a deposit and return system in a given Member State and redeemable when the end user or any other person returns the deposit bearing packaging to a collection point established for that purpose;

(62)

‘deposit and return system’ means a system in which a deposit is charged to the end user when purchasing a packaged or filled product covered by that system, and redeemed when the deposit bearing packaging is returned through one of the collection channels that are authorised for that purpose by the national authorities;

(63)

‘technical specification’ means a document that prescribes technical requirements to be fulfilled by a product, process or service;

(64)

‘harmonised standard’ means a standard as defined in Article 2(1), point (c), of Regulation (EU) No 1025/2012;

(65)

‘conformity assessment’ means the process demonstrating whether the sustainability, safety, labelling and information requirements of this Regulation relating to packaging have been fulfilled;

(66)

‘producer responsibility organisation’ means a legal entity that financially or financially and operationally organises the fulfilment of extended producer responsibility obligations on behalf of several producers;

(67)

‘life-cycle’ means the consecutive and interlinked stages of the life of packaging, consisting of raw material acquisition or generation from natural resources, pre-processing, manufacturing, storage, distribution, use, repair, re-use and end-of-life;

(68)

‘packaging presenting a risk’ means packaging that, by not complying with a requirement set out in or pursuant to this Regulation other than those requirements listed in Article 62(1), could adversely affect the environment, health or other public interests protected by that requirement;

(69)

‘packaging presenting a serious risk’ means packaging presenting a risk for which, based on an assessment, the degree of the relevant non-compliance or the associated harm is considered to require rapid intervention by the market surveillance authorities, including cases where the effects of the non-compliance are not immediate;

(70)

‘online platform’ means online platform as defined in Article 3, point (i), of Regulation (EU) 2022/2065;

(71)

‘public contracts’ means public contracts as defined in Article 2, point (5), of Directive 2014/24/EU or as referred to in Directive 2014/25/EU, as applicable.

The definitions of ‘waste management’, ‘collection’, ‘separate collection’, ‘treatment’, ‘preparing for re-use’, ‘recycling’ and ‘extended producer responsibility scheme’ in Article 3, points (9), (10), (11), (14), (16), (17) and (21), respectively, of Directive 2008/98/EC apply.

The definitions of ‘market surveillance’, ‘market surveillance authority’, ‘fulfilment service provider’, ‘corrective action’, ‘risk’, ‘recall’ and ‘withdrawal’ in Article 3, points (3), (4), (11), (16), (18), (22) and (23), respectively, of Regulation (EU) 2019/1020 apply.

The definitions of ‘substance of concern’ and ‘data carrier’ in Article 2, points (27) and (29), respectively, of Regulation (EU) 2024/1781 apply.

2.   An indicative list of items falling within the definition of packaging in paragraph 1, first subparagraph, point (1) of this Article, is set out in Annex I.

Article 4 Free movement

1.   Packaging shall only be placed on the market if it complies with this Regulation.

2.   Member States shall not prohibit, restrict or impede the placing on the market of packaging that complies with the sustainability, labelling and information requirements laid down in or pursuant to Articles 5 to 12.

3.   If Member States choose to maintain or introduce national sustainability requirements, or information requirements additional to those laid down in this Regulation, those requirements shall not conflict with those laid down in this Regulation and the Member States shall not prohibit, restrict or impede the placing on the market of packaging that complies with this Regulation for reasons of non-compliance with those national requirements.

4.   At trade fairs, exhibitions or similar events, Member States shall not prevent the showing of packaging which does not comply with this Regulation, provided that a visible sign clearly indicates that such packaging does not comply with this Regulation and that it is not for sale until it has been brought into conformity.

Article 5 Requirements for substances in packaging

1.   Packaging placed on the market shall be so manufactured that the presence and concentration of substances of concern as constituents of the packaging material or of any of the packaging components is minimised, including with regard to their presence in emissions and any outcomes of waste management, such as secondary raw materials, ashes or other material for final disposal, and to the adverse impact on the environment due to microplastics.

2.   The Commission shall monitor the presence of substances of concern in packaging and packaging components and shall take, where appropriate, the relevant follow-up measures.

By 31 December 2026, the Commission, assisted by the European Chemicals Agency, shall prepare a report on the presence of substances of concern in packaging and packaging components, to determine the extent to which they negatively affect the re-use and recycling of materials or impact chemical safety. That report may list the substances of concern present in packaging and packaging components and indicate the extent to which they could present an unacceptable risk to human health and the environment.

The Commission shall submit the report to the European Parliament, to the Council and to the committee referred to in Article 65 of this Regulation setting out its findings and shall consider appropriate follow-up measures, including:

(a)

for substances of concern in packaging materials which primarily affect human health or the environment, the use of the procedures referred to in Article 68(1) and (2) of Regulation (EC) No 1907/2006 to adopt new restrictions;

(b)

for substances of concern that negatively affect the re-use and recycling of materials in the packaging in which they are present, the establishment of restrictions as a part of design for recycling criteria in accordance with Article 6(4) of this Regulation.

If a Member State considers that a substance negatively affects the re-use and recycling of materials in the packaging in which it is present, it shall, by 31 December 2025, supply such information to the Commission and the European Chemicals Agency and, where available, refer to the relevant risk assessments or other relevant data.

3.   Member States may request the Commission to consider restricting, pursuant to Article 6(4), point (a), the use of substances of concern that potentially negatively affect the re-use and recycling of materials in packaging in which they are present, for reasons other than those related primarily to the chemical safety of those substances. Member States shall accompany such requests with a report documenting the identity and uses of the substances and a description of how the use of the substances in packaging hinders recycling, for reasons other than those related primarily to chemical safety. The Commission shall evaluate the request and present the results of that evaluation to the committee referred to in Article 65.

4.   Without prejudice to the restrictions on chemicals set out in Annex XVII to Regulation (EC) No 1907/2006 or, where applicable, to the restrictions and specific measures on food-contact materials and articles in Regulation (EC) No 1935/2004, the sum of the concentrations of lead, cadmium, mercury and hexavalent chromium resulting from substances present in packaging or packaging components shall not exceed 100 mg/kg.

5.   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 to the extent that the placing on the market of packaging containing such a concentration of PFAS is not prohibited pursuant to another Union legal act:

(a)

25 ppb for any PFAS as measured with targeted PFAS analysis (polymeric PFAS excluded from quantification);

(b)

250 ppb for the sum of PFAS measured as the sum of targeted PFAS analysis, where applicable with prior degradation of precursors (polymeric PFAS excluded from quantification); and

(c)

50 ppm for PFASs (including polymeric PFAS); if total fluorine exceeds 50 mg/kg the manufacturer, importer or downstream user as defined respectively in Article 3, points (9), (11) and (13) of Regulation (EC) No 1907/2006 shall, upon request, provide to the manufacturer or the importer as defined respectively in Article 3(1), points (13) and (17), of this Regulation proof of the quantity of fluorine measured as content of either PFAS or non-PFAS in order for them to draw up the technical documentation as referred to in Annex VII to this Regulation.

‘PFAS’ means any substance that contains at least one fully fluorinated methyl (CF 3 -) or methylene (-CF 2 -) carbon atom (without any H/Cl/Br/I attached to it), except substances that only contain the following structural elements: CF 3 -X or X-CF 2 -X′, where X = -OR or -NRR′ and X′ = methyl (-CH 3 ), methylene (-CH 2 -), an aromatic group, a carbonyl group (-C(O)-), -OR′′, -SR′′ or –NR′′R′′′; and where R/R′/R′′/R′′′ is a hydrogen (-H), methyl (-CH 3 ), methylene (-CH 2 -), an aromatic group or a carbonyl group (-C(O)-).

By 12 August 2030, the Commission shall carry out an evaluation to assess the need to amend or repeal this paragraph in order to avoid overlaps with restrictions or prohibitions on the use of PFAS laid down in accordance with Regulations (EC) No 1935/2004, (EC) No 1907/2006, or (EU) 2019/1021.

6.   Compliance with the requirements set out in paragraphs 4 and 5 of this Article shall be demonstrated in the technical documentation drawn up in accordance with Annex VII.

7.   In order to take account of scientific and technical progress, the Commission may adopt delegated acts in accordance with Article 64 to amend this Regulation in order to lower the sum of the concentrations of lead, cadmium, mercury and hexavalent chromium resulting from substances present in packaging or packaging components referred to in paragraph 4 of this Article.

8.   In order to take account of scientific and technical progress, the Commission may adopt delegated acts in accordance with Article 64 to supplement this Regulation in order to determine the conditions under which the sum of the concentrations referred to in paragraph 4 of this Article shall not apply to recycled materials or to product loops which are in a closed and controlled chain, as well as to determine the packaging types or formats of packaging, based on the packaging categories listed in Table 1 of Annex II to this Regulation, which shall be exempted from the requirements laid down in that paragraph. Such delegated acts shall be justified on the basis of a case by case analysis, time-limited, provide for appropriate marking and information requirements, and contain requirements for regular reporting in order to ensure that the exemption is regularly reviewed. Delegated acts adopted in accordance with this paragraph shall only be adopted to amend derogations established in Decisions 2001/171/EC and 2009/292/EC.

9.   By 12 August 2033, the Commission shall carry out an evaluation to assess whether this Article and the design for recycling criteria set out in accordance with Article 6(4) have contributed sufficiently to minimising the presence and concentration of substances of concern as constituents of packaging materials.

Article 6 Recyclable packaging

1.   All packaging placed on the market shall be recyclable.

2.   Packaging shall be considered to be recyclable if it fulfils the following conditions:

(a)

it is designed for material recycling, which enables the use of resulting secondary raw materials that are of sufficient quality when compared to the original material that they can be used to substitute primary raw materials, in accordance with paragraph 4; and

(b)

when it becomes waste, it can be collected separately in accordance with Article 48(1) and (5), sorted into specific waste streams without affecting the recyclability of other waste streams and recycled at scale, on the basis of the methodology set out in accordance with paragraph 5 of this Article.

Packaging that is in compliance with the delegated acts adopted pursuant to paragraph 4 shall be deemed to comply with the condition set out in point (a) of the first subparagraph of this paragraph.

Packaging that is in compliance with the delegated acts adopted pursuant to paragraph 4 and the implementing acts adopted pursuant to paragraph 5 shall be deemed to comply with the conditions set out in the first subparagraph of this paragraph.

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.

Point (b) of the first subparagraph of this paragraph shall apply from 1 January 2035 or, as regards the recycled-at-scale requirement, from 1 January 2035 or five years from the date of entry into force of the implementing acts adopted pursuant to paragraph 5, whichever is the latest.

3.   The manufacturer shall assess packaging recyclability on the basis of the delegated acts adopted pursuant to in paragraph 4 of this Article and the implementing acts adopted pursuant to paragraph 5 of this Article. Packaging recyclability shall be expressed in the recyclability performance grades A, B or C as described in Table 3 of Annex II.

Without prejudice to paragraph 10, from 1 January 2030 or 24 months from the entry into force of the delegated acts adopted pursuant to paragraph 4 of this Article, whichever is the latest, packaging shall not be placed on the market unless it is recyclable within grades A, B or C as described in Table 3 of Annex II.

Without prejudice to paragraph 10 of this Article, 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.

4.   By 1 January 2028, the Commission shall, after taking into consideration standards developed by the European standardisation organisations, adopt delegated acts in accordance with Article 64 to supplement this Regulation by establishing:

(a)

design for recycling criteria and recyclability performance grades based on Table 3 of Annex II and the parameters listed in Table 4 of Annex II for packaging categories listed in Table 1 of Annex II; design for recycling criteria and recyclability performance grades shall be developed on the basis of the predominant material and shall:

(i)

take into account the ability of packaging waste to be separated into different material streams for recycling, sorted and recycled, so that the resulting secondary raw materials are of sufficient quality compared to the original material and can be used to substitute primary raw materials for packaging or other applications where the quality of the recycled material is retained, where feasible;

(ii)

consider established collection and sorting processes proven in an operational environment and cover all packaging components;

(iii)

take into account available recycling technologies, their economic and environmental performance, including the quality of the output, the availability of the waste, the energy needed and the emissions of greenhouse gases;

(iv)

where appropriate, identify substances of concern that negatively affect the re-use and recycling of materials in the packaging in which they are present;

(v)

where appropriate, impose restrictions on the presence of substances of concern, or of groups of such substances, in packaging or packaging components for reasons not relating primarily to chemical safety; such restrictions may also serve to reduce unacceptable risks to human health or the environment, without prejudice to the restrictions on chemicals set out in Annex XVII to Regulation (EC) No 1907/2006 or, where applicable, the restrictions and specific measures on food-contact materials and articles in Regulation (EC) No 1935/2004;

(b)

how to perform recyclability performance assessment and express its result in recyclability performance grades per packaging unit, in terms of weighting, including material-specific criteria and sorting efficiency, to determine whether packaging is to be considered recyclable under paragraph 2;

(c)

a description, for each packaging category listed in Table 1 of Annex II, of the conditions for compliance with their respective recyclability performance grades;

(d)

a framework concerning the modulation of financial contributions to be paid by producers to comply with their extended producer responsibility obligations set out in Article 45(1), based on the packaging recyclability performance grades.

When adopting the delegated acts referred to in the first subparagraph of this paragraph, the Commission shall take into account the results of the assessment, if any, carried out pursuant to Article 5(2).

The Commission is empowered to adopt delegated acts in accordance with Article 64 to amend Table 1 of Annex II in order to adapt it to the scientific and technical developments in material and product design, and in collection, sorting and recycling infrastructure. In those delegated acts, the Commission may lay down design for recycling criteria for additional packaging categories or create sub-categories within the categories listed in Table 1 of Annex II.

Economic operators shall comply with new or updated design for recycling criteria within 3 years of the date of entry into force of the relevant delegated act.

5.   By 1 January 2030, the Commission shall adopt implementing acts establishing:

(a)

the methodology for the recycled-at-scale assessment per packaging category listed in Table 2 of Annex II, supplementing Table 3 of Annex II with thresholds for the recycled-at-scale assessment and, if necessary, updating the overall recyclability performance grades described in Table 3 of Annex II; that methodology shall be based on at least the following elements:

(i)

quantities of packaging per packaging category listed in Table 2 of Annex II placed on the market in the Union as a whole and in each Member State;

(ii)

quantities of recycled packaging waste, as calculated at the calculation point in accordance with the implementing act adopted under Article 56(7), point (a), per packaging category listed in Table 2 of Annex II, in the Union as a whole and in each Member State;

(b)

the chain of custody mechanism ensuring that packaging is recycled at scale.

The chain of custody mechanism referred to in point (b) shall be based on at least the following elements:

(i)

technical documentation referring to the quantity of collected packaging waste that is sent to sorting and recycling facilities;

(ii)

a verification process that allows manufacturers to obtain the necessary data from the downstream operators ensuring that packaging is recycled at scale.

Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 65(2).

The data referred to in the first subparagraph of this paragraph shall be available and easily accessible by the public.

6.   The Commission shall assess the granularity of data that need to be reported for the recycled-at-scale methodology. Where appropriate, the Commission shall adopt delegated acts in accordance with Article 64 to amend Table 2 of Annex II and Table 3 of Annex XII to adapt them to technical and scientific development.

7.   By 2035, the Commission, on the basis of developments in sorting and recycling technologies, may review the minimum thresholds for packaging to be considered recycled at scale and, where appropriate, present a legislative proposal to revise the thresholds.

8.   In order to increase the level of recyclability of packaging, 18 months from the date of entry into force of the delegated acts adopted pursuant to paragraph 4 of this Article and implementing acts adopted pursuant to paragraph 5 of this Article, the financial contributions paid by producers in order to comply with their extended producer responsibility obligations as laid down in Article 45 shall be modulated in accordance with the recyclability performance grades, as set out in detail in the delegated acts adopted pursuant to paragraph 4 of this Article and the implementing acts adopted pursuant to paragraph 5 of this Article.

Regarding financial contributions paid by producers in order to comply with their extended producer responsibility obligations as laid down in Article 45 in respect of packaging referred to in paragraph 11, point (g), of this Article, Member States shall take into account the technical feasibility and economic viability of recycling of that packaging.

9.   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.

Where a unit of packaging includes integrated components, the assessment of compliance with the design for recycling criteria and with the recycled-at-scale requirements shall include all integrated components. A separate assessment shall be carried out for integrated components that can become separated from each other as a result of mechanical stress during transportation or sorting.

Where a unit of packaging includes separate components, the assessment of compliance with the design for recycling requirements and with the recycled-at-scale requirements shall be carried out separately for each separate component.

All components of a unit of packaging shall be compatible with the established collection, sorting and recycling processes proven in an operational environment and shall not hinder the recyclability of the main body of the packaging unit.

10.   By way of derogation from paragraphs 2 and 3, from 1 January 2030, innovative packaging that does not comply with the requirements under paragraph 2 may be made available on the market up to 5 years from the end of the calendar year in which it was placed on the market.

Where use is made of this derogation, the economic operator shall notify the competent authority before the innovative packaging is placed on the market and shall include all technical details demonstrating that the packaging is innovative packaging. That notification shall include a timeline for reaching the recycled-at-scale requirements in terms of collection and recycling of the innovative packaging. The information shall be made available to the Commission and the national authorities carrying out market surveillance.

If the competent authority considers that the packaging is not innovative packaging, the economic operator shall comply with the existing design for recycling criteria.

If the competent authority considers that the packaging is innovative packaging, it shall inform the Commission accordingly.

The Commission shall assess requests by competent authorities in relation to innovative nature of packaging and update or adopt new delegated acts under paragraph 4 of this Article, as appropriate.

The Commission shall monitor the impact of the derogation referred to in the first subparagraph on the quantity of packaging placed on the market. The Commission shall, where appropriate, present a legislative proposal with a view to amending that subparagraph.

Member States shall continuously aim to improve collection and sorting infrastructures for innovative packaging with expected environmental benefits.

11.   This Article shall not apply to the following:

(a)

immediate packaging as defined in Article 1, point (23), of Directive 2001/83/EC and in Article 4, point (25), of Regulation (EU) 2019/6;

(b)

contact-sensitive packaging of medical devices covered by Regulation (EU) 2017/745;

(c)

contact-sensitive packaging of in vitro diagnostic medical devices covered by Regulation (EU) 2017/746;

(d)

outer packaging as defined in Article 1, point (24), of Directive 2001/83/EC and in Article 4, point (26), of Regulation (EU) 2019/6 in cases where such packaging is necessary to comply with specific requirements to preserve the quality of the medicinal product;

(e)

contact-sensitive packaging for infant formula and follow-on formula, processed cereal-based food and baby food, and food for special medical purposes as defined in Article 1, points (a), (b) and (c), of Regulation (EU) No 609/2013;

(f)

packaging used for the transport of dangerous goods in accordance with Directive 2008/68/EC;

(g)

sales packaging made from lightweight wood, cork, textile, rubber, ceramic, porcelain or wax; however, paragraph 8 shall apply to such packaging.

12.   By 1 January 2035, the Commission shall review the exceptions under paragraph 11, taking into account at least the evolution of sorting and recycling technologies and practical experience gained by the economic operators and Member States. On that basis, the Commission shall assess the appropriateness of the continuation of those exceptions and, where appropriate, present a legislative proposal.

Article 7 Minimum recycled content in plastic packaging

1.   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:

(a)

30 % for contact-sensitive packaging made from polyethylene terephthalate (PET) as the major component, except single-use plastic beverage bottles;

(b)

10 % for contact-sensitive packaging made from plastic materials other than PET, except single-use plastic beverage bottles;

(c)

30 % for single-use plastic beverage bottles;

(d)

35 % for plastic packaging other than those referred to in points (a), (b) and (c) of this paragraph.

2.   By 1 January 2040, 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:

(a)

50 % for contact-sensitive packaging made from PET as the major component, except single-use plastic beverage bottles;

(b)

25 % for contact-sensitive packaging made from plastic materials other than PET, except single-use plastic beverage bottles;

(c)

65 % for single-use plastic beverage bottles;

(d)

65 % for plastic packaging other than those referred to in points (a), (b) and (c) of this paragraph.

3.   For the purposes of this Article, recycled content shall be recovered from post-consumer plastic waste that:

(a)

has been collected within the Union pursuant to this Regulation or the national rules transposing Directives 2008/98/EC and (EU) 2019/904, as relevant, or that has been collected in a third country in accordance with standards for separate collection to promote high-quality recycling equivalent to those referred to in this Regulation and Directives 2008/98/EC and (EU) 2019/904, as relevant; and

(b)

where applicable, has been recycled in an installation located within the Union to which Directive 2010/75/EU of the European Parliament and of the Council  ( 62 ) applies, or that has been recycled in an installation located in a third country to which rules concerning the prevention and reduction of emissions into air, water and land associated to the recycling operations apply, and those rules are equivalent to those concerning emissions limits and environmental performance levels established in accordance with Directive 2010/75/EU that are applicable to an installation located in the Union carrying out the same activity; that condition shall apply only in the case where those limits and levels would be applicable to an installation located in the Union and carrying out the same activity as an analogous installation located in the third country.

4.   Paragraphs 1 and 2 shall not apply to the following:

(a)

immediate packaging as defined in Article 1, point (23), of Directive 2001/83/EC and in Article 4, point (25), of Regulation (EU) 2019/6;

(b)

contact-sensitive plastic packaging of medical devices, devices exclusively destined for research use and investigational devices covered by Regulation (EU) 2017/745;

(c)

contact-sensitive plastic packaging of in vitro diagnostic medical devices covered by Regulation (EU) 2017/746;

(d)

outer packaging as defined in Article 1, point (24), of Directive 2001/83/EC and in Article 4, point (26), of Regulation (EU) 2019/6 in cases where such packaging is necessary to comply with specific requirements to preserve the quality of the medicinal product;

(e)

compostable plastic packaging;

(f)

packaging used for the transport of dangerous goods in accordance with Directive 2008/68/EC;

(g)

contact-sensitive plastic packaging for food that is intended only for infants and young children, food for special medical purposes and packaging for drinks and food typically used for young children as referred to in Article 1, points (a), (b) and (c), of Regulation (EU) No 609/2013;

(h)

packaging of supplies, components and immediate packaging components for the manufacturing of medicinal products covered by Directive 2001/83/EC and veterinary medicinal products covered by Regulation (EU) 2019/6, where such packaging is needed to be in line with the quality standards of the medicinal product.

5.   Paragraphs 1 and 2 shall not apply to:

(a)

plastic packaging that is intended to come into contact with food where the quantity of recycled content poses a threat to human health and results in non-compliance of packaged products with Regulation (EC) No 1935/2004;

(b)

any plastic part representing less than 5 % of the total weight of the whole packaging unit.

6.   Compliance with the requirements set out in paragraphs 1 and 2 of this Article shall be demonstrated by manufacturers or importers in the technical information concerning the packaging referred to in Annex VII.

7.   The financial contributions paid by producers in order to comply with their extended producer responsibility obligations as laid down in Article 45 may be modulated based on the percentage of recycled content used in the packaging. Any such modulation shall take into account sustainability criteria of the recycling technologies and the environmental costs for the purposes of recycled content.

8.   By 31 December 2026, the Commission shall adopt implementing acts establishing the methodology for the calculation and verification of the percentage of recycled content recovered from post-consumer plastic waste recycled and collected within the Union in accordance with the conditions set out in paragraph 3 of this Article, as well as the format for the technical documentation referred to in Annex VII. For that purpose, the Commission shall take into account the use of resulting secondary raw materials that are of sufficient quality when compared to the original material that they can be used to substitute primary raw materials. The verification methodology may include the obligation to carry independent third-party audits on manufacturers of recycled content in the Union and of plastic packaging placed on the market as a sales unit separate from other products, to ensure that the conditions set out in paragraph 3 of this Article and in the delegated act adopted pursuant to paragraph 9 of this Article are met.

When adopting the implementing acts, the Commission shall assess the available recycling technologies, taking into account their economic and environmental performance, including the quality of the output, the availability of the waste, the energy needed and the emissions of greenhouse gases and other relevant environmental impacts.

Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 65(2).

9.   By 31 December 2026, on the basis of the assessment referred to in paragraph 8, second subparagraph, the Commission shall adopt delegated acts in accordance with Article 64 to supplement this Regulation with sustainability criteria for plastic recycling technologies.

For the purposes of this Article, recycled content shall be recovered from post-consumer plastic waste that has been recycled either in:

(a)

installations located within the Union using recycling technologies which meet such sustainability criteria established pursuant to this paragraph; or

(b)

installations located in a third country using recycling technologies in accordance with standards equivalent to the sustainability criteria developed under the delegated acts.

10.   By 31 December 2026, the Commission shall adopt implementing acts establishing the methodology for assessing, verifying and certifying, including through third-party audit, the equivalence of the rules applied in cases where the recycled content recovered from post-consumer plastic waste is recycled or collected in a third country. The assessment shall consider the standards of protection of environment and human health, including standards to ensure that recycling is performed in an environmentally sound manner, and standards on high-quality recycling, such as on resource efficiency and quality standards for the recycling sectors. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 65(2).

11.   By 1 January 2029 or 24 months from the date of entry into force of the implementing act referred to in paragraph 8, whichever is the latest, the calculation and verification of the percentage of recycled content contained in packaging under paragraph 1 shall comply with the rules laid down in the implementing act adopted pursuant to paragraph 8.

12.   By 1 January 2028, the Commission shall assess the need for derogations from the minimum percentages of recycled content laid down in paragraph 1, points (b) and (d), for specific plastic packaging, or the revision of the list of exceptions in paragraph 4 for specific plastic packaging.

Based on the assessment referred to in the first subparagraph of this paragraph, where suitable recycling technologies to recycle plastic packaging are not authorised under the relevant Union rules or are not sufficiently available in practice, taking into account any safety related requirements, especially concerning contact-sensitive plastic packaging, including food packaging, the Commission is empowered to adopt delegated acts in accordance with Article 64 to amend this Regulation in order to:

(a)

provide for derogations from the scope, timing or level of minimum percentage laid down in paragraph 1, points (b) and (d), of this Article, for specific plastic packaging; and

(b)

as appropriate, amend the list of the exceptions in paragraph 4 of this Article.

13.   Where the lack of availability or excessive prices of specific recycled plastics makes compliance with the minimum percentages of recycled content set out in paragraphs 1 and 2 of this Article excessively difficult, the Commission shall be empowered to adopt a delegated act in accordance with Article 64 to amend those paragraphs by adjusting the minimum percentages accordingly. In evaluating whether such adjustment is appropriate, the Commission shall assess requests from natural or legal persons to be accompanied by relevant information and data on the market situation for the post-consumer plastic waste and best available evidence regarding the related risks to human or animal health, to the security of food supply or to the environment. The Commission shall adopt such a delegated act only in exceptional cases where there would be severe adverse effects for human or animal health, the security of food supply or the environment.

14.   By 12 February 2032, taking into account the evolution of the state of the art of the technology and the practical experience gained by economic operators and Member States, the Commission shall present a report reviewing the implementation of the 2030 minimum percentages of recycled content set out in paragraph 1 and evaluating to what extent those percentages lead to solutions fostering sustainable packaging that are effective and easy to implement, the feasibility of the achievement of the 2040 minimum percentages on the basis of the experience in achieving the 2030 minimum percentages and the evolving circumstances, the relevance of maintaining the exceptions and derogations set out in this Article, and the necessity or pertinence of setting new minimum percentages of recycled content. That report shall, where appropriate, be accompanied by a legislative proposal amending this Article, in particular the 2040 minimum percentages of recycled content.

15.   By 12 February 2032, the Commission shall review the situation regarding the use of recycled packaging materials in packaging other than plastics and, on that basis, assess the appropriateness of establishing measures, or setting targets, for increasing the use of recycled content in such other packaging, and, where appropriate, present a legislative proposal.

Article 8 Biobased feedstock in plastic packaging

1.   By 12 February 2028, the Commission shall review the state of technological development and environmental performance of biobased plastic packaging, taking into consideration the sustainability criteria laid down in Article 29 of Directive (EU) 2018/2001 of the European Parliament and of the Council  ( 63 ) .

2.   Based on the review referred to in paragraph 1, the Commission shall, where appropriate, present a legislative proposal in order to:

(a)

lay down sustainability requirements for biobased feedstock in plastic packaging;

(b)

lay down targets to increase the use of biobased feedstock in plastic packaging;

(c)

introduce the possibility to achieve the targets set out in Article 7(1) and (2) of this Regulation by using biobased plastic feedstock instead of recycled content recovered from post-consumer plastic waste in the event that suitable recycling technologies for food-contact packaging complying with the requirements laid down in Regulation (EU) 2022/1616 are not available;

(d)

amend, where appropriate, the definition of biobased plastic set out in Article 3(1), point (53).

Article 9 Compostable packaging

1.   By way of derogation from Article 6(1), by 12 February 2028, where packaging referred to in Article 3(1), point (1)(f), and sticky labels affixed to fruit and vegetables are placed on the market, that packaging and sticky labels shall be compatible with the standard for composting in industrially controlled conditions in bio-waste treatment facilities and shall be compatible, where required by the Member States, with the home-composting standards referred to in paragraph 6 of this Article.

2.   By way of derogation from Article 6(1), where Member States allow waste with similar biodegradability and compostability properties as bio-waste pursuant to Article 22(1) of Directive 2008/98/EC to be collected together with bio-waste, and appropriate waste collection schemes and waste treatment infrastructure are available to ensure that compostable packaging enters the bio-waste management stream, Member States may require that the following packaging shall be made available on their territory for the first time only if the packaging is compostable:

(a)

packaging referred to in Article 3(1), point (1)(g), composed of material other than metal, very lightweight plastic carrier bags and lightweight plastic carrier bags;

(b)

packaging other than that referred to in point (a) of this paragraph for which the Member State already required that they be compostable before the date of application of this Regulation.

3.   By 12 February 2028, packaging other than that referred to in paragraphs 1 and 2, including packaging made of biodegradable plastic polymers and other biodegradable materials, shall be designed for material recycling in accordance with Article 6 without affecting the recyclability of other waste streams.

4.   Compliance with the requirements set out in paragraphs 1, 2 and 3, of this Article shall be demonstrated in the technical information concerning the packaging referred to in Annex VII.

5.   The Commission may analyse whether other packaging should be included in paragraph 1 or paragraph 2, point (a), of this Article if justified and appropriate due to technological and regulatory developments that affect the elimination of compostable packaging and in the conditions established in Annex III, and, where appropriate, present a legislative proposal.

6.   By 12 February 2026, the Commission shall request the European standardisation organisations to prepare or update harmonised standards laying down the detailed technical specifications of the requirements on compostable packaging. When doing so, the Commission shall request that, in line with the latest scientific and technological developments, parameters such as retention times, temperatures and stirring, which reflect the actual conditions in home composts and in bio-waste treatment facilities, including anaerobic digestion processes, are taken into account. The Commission shall request that those standards include verification that the compostable packaging undergoing the biological decomposition subject to the specified parameters results ultimately in conversion into carbon dioxide or, in absence of oxygen, methane, and mineral salts, biomass and water.

By 12 February 2026, the Commission shall also request the European standardisation organisations to prepare harmonised standards laying down the detailed technical specifications of the requirements on home compostability of packaging referred to in paragraph 1.

Article 10 Packaging minimisation

1.   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, taking account of the shape and material from which the packaging is made.

2.   The manufacturer or importer shall ensure that packaging which does not comply with the performance criteria set out in Annex IV of this Regulation and packaging with characteristics that aim only to increase the perceived volume of the product, including double walls, false bottoms and unnecessary layers, is not placed on the market, unless:

(a)

the packaging design is protected by a Community design pursuant to Council Regulation (EC) No 6/2002  ( 64 ) or by design rights falling within the scope of Directive 98/71/EC of the European Parliament and of the Council  ( 65 ) , including international agreements having effect in one of the Member States, or its shape is a trademark falling within the scope of Regulation (EU) 2017/1001 of the European Parliament and of the Council  ( 66 ) or Directive (EU) 2015/2436 of the European Parliament and of the Council  ( 67 ) , including trademarks registered under international agreements having effect in one of the Member States, the design rights and trademarks are protected before 11 February 2025, and the application of the requirements under this Article would affect the packaging design in a way that it would alter its novelty or its individual character, or would affect the trademark in a way that the trademark is no longer capable of distinguishing the marked product from those of other undertakings; or

(b)

the packaged product or beverage benefits from a geographical indication protected under Union law, such as under Regulation (EU) No 1308/2013 for wine, Regulation (EU) 2019/787 for spirit drinks or Regulation (EU) 2023/2411 for craft and industrial products, or is covered by a quality scheme as referred to in Regulation (EU) 2024/1143.

3.   By 12 February 2027, the Commission shall request the European standardisation organisations to prepare or update, as appropriate, harmonised standards laying down the methodology for the calculation and measurement of compliance with the requirements concerning packaging minimisation under this Regulation. For most common packaging types and formats, such standards should specify maximum adequate weight and volume limits, and, where appropriate, wall thickness and maximum empty space.

4.   Compliance with the requirements set out in paragraphs 1 and 2 of this Article shall be demonstrated in the technical documentation referred to in Annex VII, which shall contain the following elements:

(a)

an explanation of the technical specifications, standards and conditions used to assess the packaging against the performance criteria and methodology set out in Annex IV;

(b)

for each of those performance criteria, the identification of the design requirements which prevent further reduction of the packaging weight or volume;

(c)

any test results, studies or other relevant sources, such as modelling and simulations, used to assess the minimum necessary volume or weight of the packaging.

For reusable packaging, the assessment of compliance with the requirements set out in paragraph 1 of this Article shall take into account the characteristics of reusable packaging, and in the first place the requirements set out in Article 11.

Article 11 Reusable packaging

1.   Packaging placed on the market from 11 February 2025 shall be considered to be reusable where it fulfils all of the following requirements:

(a)

it has been conceived, designed and placed on the market with the objective to be re-used multiple times;

(b)

it has been conceived and designed to accomplish as many rotations as possible under normally predictable conditions of use;

(c)

it fulfils applicable requirements regarding consumer health, safety and hygiene;

(d)

it can be emptied or unloaded without being damaged in a way that would prevent its further function and re-use;

(e)

it is capable of being emptied, unloaded, refilled or reloaded while maintaining the quality and safety of the packaged product and ensuring compliance with the applicable safety and hygiene requirements, including those on food safety;

(f)

it is capable of being reconditioned in accordance with Part B of Annex VI, while maintaining its ability to perform its intended function;

(g)

it allows for affixing of labels and the provision of information on the properties of that product and on the packaging itself, including any relevant instructions and information for ensuring safety, adequate use, traceability and shelf-life of the product;

(h)

it can be emptied, unloaded, refilled or reloaded without risk to the health and safety of those responsible for doing so; and

(i)

it fulfils the requirements specific to recyclable packaging set out in Article 6, so that it can be recycled when it becomes waste.

2.   By 12 February 2027, the Commission shall adopt a delegated act in accordance with Article 64 to supplement this Regulation by establishing a minimum number for the rotations for reusable packaging, for the purpose of paragraph 1, point (b), of this Article for the packaging formats which are most frequently used in re-use, taking into account hygiene and other requirements such as logistics.

3.   Compliance with the requirements set out in paragraph 1 of this Article shall be demonstrated in the technical information concerning the packaging referred to in Annex VII.

Article 12 Labelling of packaging

1.   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. The label shall be based on pictograms and be easily understandable, including for persons with disabilities. For the packaging referred to in Article 9(1) and, where applicable, packaging referred to in Article 9(2), the label shall indicate that the material is compostable, that it is not suitable for home composting and that compostable packaging is not to be discarded in nature. With the exception of e-commerce packaging, this obligation does not apply to transport packaging or to packaging that is subject to a deposit and return system.

The packaging placed on the market containing substances of concern shall be marked by means of standardised, open, digital-marking technologies in accordance with the methodology referred to in paragraph 7, second subparagraph.

In addition to the harmonised label referred to in this paragraph, economic operators may place a QR code or other type of standardised, open, digital data carrier on the packaging that contains information on the destination of each separate component of the packaging in order to facilitate consumer sorting.

Packaging that is subject to deposit and return systems as referred to in Article 50(1) shall be marked with a clear and unambiguous label. In addition to the national label, packaging may be marked with a harmonised colour label established in the relevant implementing act adopted pursuant to paragraph 6 of this Article. Member States may require that packaging that is subject to deposit and return systems be marked with that harmonised colour label, provided that that does not lead to distortions on the internal market or trade barriers for products from other Member States.

2.   Reusable packaging placed on the market from 12 February 2029 or 30 months from the date of entry into force of the implementing act adopted pursuant to paragraph 6, whichever is the latest, shall bear a label informing users that the packaging is reusable. Further information on reusability, including the availability of a local, national or Union-wide re-use system and information on collection points, shall be made available through a QR code or other type of standardised, open, digital data carrier that facilitates the tracking of the packaging and the calculation of trips and rotations, or, if that calculation is not feasible, an average estimation. In addition, reusable sales packaging shall be clearly identified and distinguished from single-use packaging at the point of sale.

3.   By way of derogation from paragraph 2 of this Article, the requirement to bear a label and a QR code or other type of standardised, open, digital data carrier shall not apply to open loop systems which do not have a system operator in accordance with Annex VI.

4.   Where packaging to which Article 7 applies is placed on the market from 12 August 2028 or 24 months from the date of entry into force of the implementing act adopted pursuant to paragraph 6 of this Article, whichever is the latest, and is marked with a label containing information on the share of recycled content, that label and, where applicable, the QR code or other type of standardised, open, digital data carrier shall comply with the specifications laid down in the relevant implementing act adopted pursuant to paragraph 6 of this Article and shall be based on the methodology established pursuant to Article 7(8). Where packaging is marked with a label containing information on the share of biobased plastic content, that label shall comply with the specifications laid down in the relevant implementing act adopted pursuant to paragraph 6 of this Article.

5.   Labels referred to in paragraphs 1, 2 and 4 and the QR code or other type of standardised, open, digital data carrier referred to in paragraph 2 shall be affixed, printed or engraved visibly, legibly and firmly on the packaging, so that they cannot be easily erased. The information contained therein shall also be available to end users before the purchase of the product through online sales. Where such affixing, printing or engraving is not possible or not warranted on account of the nature and size of the packaging, the label, QR code or other standardised, open, digital data carrier shall be affixed to the grouped packaging. Where even that is not possible or not warranted on account of the nature and size of the packaging or where it is relevant to provide for non-discriminatory access to information for vulnerable groups, particularly visually impaired persons, the information shall be provided via a single electronically readable code or other type of data carrier.

The information contained in the labels referred to in paragraphs 1, 2 and 4 and the QR code or other type of standardised, open, digital data carrier shall be made available in one or more languages which can be easily understood by end users, as determined by the Member State in which the packaging is to be made available on the market.

Where information is provided by electronic means in accordance with paragraphs 1, 2 and 4, the following requirements shall apply:

(a)

adequate and relevant personal data shall be collected only for the limited purpose of giving the user access to relevant compliance information referred to in paragraphs 1, 2 and 4 of this Article in respect of Article 5(1) of Regulation (EU) 2016/679 of the European Parliament and of the Council  ( 68 ) ;

(b)

the information shall not be displayed with other information intended for sales or marketing purposes.

Where Union law requires information on the packaged product to be provided via a data carrier, a single data carrier shall be used for providing the information required for the packaged product and for the packaging, and both shall be easily distinguishable.

6.   By 12 August 2026, the Commission shall adopt implementing acts to establish a harmonised label and specifications for the labelling requirements and formats, including where provided through digital means, for the labelling of packaging referred to in paragraphs 1, 2 and 4 of this Article. When developing those implementing acts, the Commission shall take into account the specificities of composite packaging. When developing the harmonised label for packaging subject to deposit and return systems referred to in Article 50(2), the Commission shall take into consideration any variation which exists in the deposit charged by Member States. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 65(2).

7.   By 12 August 2026, the Commission shall adopt implementing acts to establish the methodology for identifying the material composition of packaging referred to in paragraph 1 by means of standardised, open, digital-marking technologies, including for composite packaging and integrated or separate components of packaging.

By 1 January 2030, the Commission shall also adopt implementing acts to establish the methodology for identifying substances of concern by means of standardised, open, digital-marking technologies. That methodology shall ensure that the marking includes at least the name and concentration of the substance of concern present in each material in a packaging unit.

Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 65(2).

8.   Without prejudice to requirements concerning other harmonised EU labels, economic operators shall not provide or display labels, marks, symbols or inscriptions that are likely to mislead or confuse consumers or other end users with respect to the sustainability requirements for packaging, other packaging characteristics or packaging waste management options for which harmonised labelling has been laid down in this Regulation. The Commission shall, where appropriate, adopt guidelines in order to clarify aspects that are likely to mislead or confuse consumers or other end users.

9.   By 12 February 2027, packaging included in an extended producer responsibility scheme may be identified throughout the territory of the Member States in which that scheme or system applies. Such identification shall be achieved only by means of a corresponding symbol in a QR code or other standardised, open, digital-marking technology in order to indicate that the producer fulfils its extended producer responsibility obligations. That symbol shall be clear and unambiguous and shall not mislead consumers or other end users as to the recyclability or reusability of the packaging.

10.   Packaging covered by a deposit and return system other than that referred to in Article 50(1) may, under national law, be identified by means of a corresponding symbol throughout the territory in which that scheme or system applies. That symbol shall be clear and unambiguous and shall not mislead consumers or other end users about the packaging recyclability and reusability in the Member States where it is to be returned. Member States shall not prohibit the affixing of labels related to deposit and return systems in place in other Member States.

11.   This Article shall not apply to immediate and outer packaging as defined in Regulations (EU) 2017/745, (EU) 2017/746 and (EU) 2019/6 and Directive 2001/83/EC, if there is no space on the packaging due to other labelling requirements as defined in those Union legislative acts or if the labelling of the packaging could jeopardise the safe use of medicinal products for human use or of veterinary medicinal products.

12.   Packaging as referred to in paragraphs 1, 2 and 4 that is manufactured in the Union or imported before the deadlines referred in those paragraphs and that does not comply with the criteria laid down in those paragraphs may be made available on the market until 3 years from the date of entry into force of the labelling requirements laid down in those paragraphs.

Article 13 Labelling of waste receptacles for the collection of packaging waste

1.   By 12 August 2028 or 30 months from the adoption of the implementing acts referred to in paragraph 2, whichever is the latest, Member States shall ensure that harmonised labels that enable the separate collection of each material specific fraction of packaging waste that is intended to be discarded in separate receptacles are affixed, printed or engraved visibly, legibly and indelibly on all waste receptacles for collection of packaging waste. A receptacle for packaging waste may bear more than one label. This obligation does not apply to receptacles subject to deposit and return systems.

2.   By 12 August 2026, the Commission shall adopt implementing acts to establish harmonised labels and specifications for the labelling requirements and formats for the labelling of the receptacles referred to in paragraph 1 of this Article. When developing those implementing acts, the Commission shall take into account the specificities of the collection systems established in the Member States as well as the specificities of composite packaging. The labelling for receptacles shall correspond to the labelling for packaging as referred to in Article 12(6) with the exception of labelling for packaging subject to deposit and return systems. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 65(2).

Article 14 Environmental claims

Environmental claims as defined in Article 2, point (o), of Directive 2005/29/EC concerning packaging properties for which legal requirements are set out in this Regulation may be made in relation to packaging placed on the market if they fulfil the following requirements:

(a)

the claims are made only in relation to packaging properties exceeding the applicable minimum requirements set out in this Regulation, in accordance with the criteria, methodologies and calculation rules set out therein; and

(b)

the claims specify whether they relate to the packaging unit, part of the packaging unit or all packaging placed on the market by the economic operator.

Compliance with the requirements set out in this Article shall be demonstrated in the technical documentation concerning the packaging as set out in Annex VII to this Regulation.

Article 15 Obligations of manufacturers

1.   Manufacturers shall only place on the market packaging which is in conformity with the requirements laid down in or pursuant to Articles 5 to 12.

2.   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.

3.   Manufacturers shall keep the technical documentation referred to in Annex VII and the EU declaration of conformity as follows:

(a)

in the case of single-use packaging: for 5 years from the date the packaging was placed on the market;

(b)

in the case of reusable packaging: for 10 years from the date the packaging was placed on the market.

4.   Manufacturers shall ensure that procedures are in place for series production of packaging to remain in conformity with this Regulation. Manufacturers shall adequately take into account changes in packaging design or in characteristics, as well as changes in harmonised standards, common technical specifications or other technical specifications by reference to which conformity is declared or by application of which its conformity is verified. Where the manufacturers find that the packaging’s conformity could be affected, they shall carry out a re-assessment in accordance with the conformity assessment procedure referred to in Article 38, or have it carried out on their behalf.

5.   Manufacturers shall ensure that the packaging bears a type, batch or serial number or other element allowing its identification or, where the size or nature of the packaging does not so allow, that the required information is provided in a document accompanying the packaged product.

6.   Manufacturers shall indicate on the packaging or on a QR code or another data carrier their name, registered trade name or registered trademark as well as the postal address at which and, where available, the electronic means of communication by which they can be contacted. Where that is not possible, the required information shall be provided as part of the information through the QR code or other type of standardised, open, digital data carrier as referred to in Article 12(1), (2), (4) or (5) or in a document accompanying the packaged product. The postal address shall indicate a single point at which the manufacturer can be contacted.

7.   Manufacturers shall ensure that information provided in accordance with paragraphs 5 and 6 is clear, understandable and legible, and that it does not replace, or obscure nor can be confused with information required by other Union legal acts on the labelling of the packaged product.

8.   Manufacturers who consider or have reason to believe that packaging which they have placed on the market from the date of entry into force of this Regulation is not in conformity with one or more of the applicable requirements laid down in or pursuant to Articles 5 to 12 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 of the Member State in which they made the packaging available of the suspected non-compliance and of the corrective measures taken.

9.   By way of derogation from paragraph 8 of this Article, the obligation to bring into conformity, withdraw or recall packaging which is believed not to be in conformity with the requirements laid down in or pursuant to Articles 5 to 12 shall not apply to reusable packaging placed on the market before 11 February 2025.

10.   Manufacturers shall, upon a reasoned request from a national authority, provide all the information and documentation necessary to demonstrate the conformity of the packaging with the requirements laid down in or pursuant to Articles 5 to 12, including the technical documentation, in one or more languages which can be easily understood by that authority. That information and documentation shall be provided in electronic form and, on request, in paper form. The relevant documents shall be made available within 10 days of receipt of the request from the national authority. Manufacturers shall cooperate with the national authority on any action taken to remedy any case of non-compliance with the requirements laid down in or pursuant to Articles 5 to 12.

11.   Paragraphs 2 and 3 shall not apply to custom-made transport packaging for configurable medical devices and medical systems that are to be used in industrial and healthcare environments.

12.   Where the natural or legal person that has the packaging designed or manufactured under its own name or trademark falls within the definition of micro-enterprise set out in Recommendation 2003/361/EC as applicable on 11 February 2025, and the natural or legal person that supplies the packaging to the natural or legal person that has the packaging designed or manufactured under its own name or trademark is located in the Union, the natural or legal person that supplies the packaging shall be considered to be the manufacturer for the purposes of this Article.

Article 16 Information obligations of suppliers of packaging or packaging materials

1.   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.

2.   Where appropriate, the documentation and information required under Union legal acts applicable to contact-sensitive packaging shall be part of the information and documentation to be provided to the manufacturer pursuant to paragraph 1.

Article 17 Authorised representatives

1.   A manufacturer may, by a written mandate, appoint an authorised representative.

2.   An authorised representative shall perform the tasks specified in the mandate received from the manufacturer. The mandate shall allow the authorised representative to do at least the following:

(a)

keep the EU declaration of conformity and the technical documentation at the disposal of the national market surveillance authorities as follows:

(i)

as regards single-use packaging: for 5 years from the date the packaging was placed on the market; and

(ii)

as regards reusable packaging: for 10 years from the date the packaging was placed on the market;

(b)

cooperate with the competent national authorities, at their request, on any measures taken with regard to cases of non-compliance of the packaging covered by the authorised representative’s mandate;

(c)

upon a reasoned request from a competent national authority, provide that authority with all the information and technical documentation necessary to demonstrate the conformity of packaging in one or more languages which can be easily understood by that authority;

(d)

upon a request from a competent national authority, make available relevant documents within 10 days of the receipt of such a request;

(e)

terminate the mandate if the manufacturer acts contrary to its obligations under this Regulation.

The obligations laid down in Article 15(1) and the obligation to draw up the technical documentation referred to in Annex VII and required under or pursuant to Articles 5 to 11 shall not form part of the authorised representative’s mandate.

Article 18 Obligations of importers

1.   Importers shall only place on the market packaging which is in conformity with the requirements laid down in or pursuant to Articles 5 to 12.

2.   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;

(c)

the packaging is accompanied by the required documents; and

(d)

the manufacturer has complied with the requirements set out in Article 15(5) and (6).

Where an importer considers or has reason to believe that packaging is not in conformity with the applicable requirements laid down in or pursuant to Articles 5 to 12, the importer shall not place the packaging on the market until it has been brought into conformity.

3.   Importers shall indicate on the packaging their name and their registered trade name or registered trademark as well as the postal address at which and, where available, the electronic means of communication by which they can be contacted. Where it is not possible to indicate that information on the packaging, it shall be provided via standardised, open, digital data carrier as referred to in Article 12 or in a document accompanying the packaged product.

4.   Importers shall ensure that information provided in accordance with paragraph 3 is clear, understandable and legible, and does not replace or obscure, nor can be confused with information required by other Union legal acts on the labelling of the packaged product.

5.   Importers shall ensure that while the packaging is under their responsibility, whether empty or with a product, storage or transport conditions do not jeopardise its compliance with the applicable requirements laid down in or pursuant to Articles 5 to 12.

6.   Importers who consider or have reason to believe that packaging which they have placed on the market is not in conformity with the applicable requirements laid down in or pursuant to Articles 5 to 12 shall immediately take the corrective measures necessary to bring that packaging into conformity, to withdraw it or to recall it, as appropriate. Importers shall immediately inform the market surveillance authorities of the Member States in which they made the packaging available of the suspected non-compliance and of the corrective measures taken.

7.   Importers shall keep a copy of the EU declaration of conformity at the disposal of the market surveillance authorities and ensure that the technical documentation referred to in Annex VII and required under or pursuant to Articles 5 to 11 can be made available to those authorities, upon request, as follows:

(a)

as regards single-use packaging: for 5 years from the date the packaging was placed on the market; and

(b)

as regards reusable packaging: for 10 years from the date the packaging was placed on the market.

8.   Importers shall, upon a reasoned request from a national authority, provide that authority with all the information and documentation necessary to demonstrate the conformity of packaging, including technical documentation, with the applicable requirements laid down in or pursuant to Articles 5 to 12, in one or more languages which can be easily understood by that authority. That information and documentation shall be provided in electronic form and, on request, in paper form. The relevant documents shall be made available within 10 days of receipt of the request from the national authority.

9.   Importers shall cooperate with the competent national authority on any action taken to remedy any case of non-compliance with the requirements laid down in or pursuant to Articles 5 to 12.

Article 19 Obligations of distributors

1.   When making packaging available on the market, distributors shall act with due care in relation to the requirements of this Regulation.

2.   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; and

(c)

the manufacturer and the importer have complied with the requirements set out in Article 15(5) and (6) and Article 18(3), respectively.

3.   Where a distributor, before making packaging available on the market, considers or has reason to believe that the packaging is not in conformity with the requirements laid down in or pursuant to Articles 5 to 12 or that the manufacturer or importer is not complying with the requirements set out in Article 15(5) and (6) and Article 18(3), respectively, the distributor shall not make the packaging available on the market until it has been brought into conformity or until the manufacturer or importer complies.

Distributors shall ensure that, while the packaging, whether empty or with a product, is under their responsibility, the storage or transport conditions do not jeopardise its conformity with the requirements laid down in or pursuant to Articles 5 to 12.

4.   Information disclosed by the producer shall not be used by the distributor for any purpose other than to verify compliance with applicable requirements laid down in or pursuant to Articles 5 to 12. In particular, the misuse of such information by distributors for commercial purposes shall be prohibited.

5.   Distributors who consider or have reason to believe that packaging which they have made available on the market with the packaged product is not in conformity with the applicable requirements laid down in or pursuant to Articles 5 to 12 shall make sure that the necessary corrective measures are taken to bring that packaging into conformity, to withdraw it or to recall it, as appropriate.

Distributors shall immediately inform the market surveillance authorities of the Member States in which they made the packaging available of the suspected non-conformity and of the corrective measures taken.

6.   Distributors shall, upon a reasoned request from a national authority, provide that authority with all the information and documentation to which they have access and that is relevant for demonstrating the conformity of the packaging with the applicable requirements laid down in or pursuant to Articles 5 to 12 in one or more languages which can be easily understood by that authority. That information and documentation shall be provided in electronic form and, on request, in paper form.

Distributors shall cooperate with the national authority on any action taken to remedy any case of non-compliance with the requirements laid down in or pursuant to Articles 5 to 12.

Article 20 Obligations of fulfilment service providers

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.

Article 21 Case in which obligations of manufacturers apply to importers and distributors

Where an importer or a distributor places packaging on the market under its own name or trademark or modifies packaging already placed on the market in a way that could affect compliance with the relevant requirements of this Regulation, that importer or distributor shall be considered to be a manufacturer for the purposes of this Regulation and shall be subject to the obligations of the manufacturer under Article 15.

Where an importer or a distributor as referred to in the first subparagraph falls within the definition of micro-enterprise set out in Recommendation 2003/361/EC as applicable on 11 February 2025, and the natural or legal person that supplies the packaging to the importer or distributor is located in the Union, the natural or legal person that supplies the packaging shall be considered to be the manufacturer for the purposes of Article 15.

Article 22 Identification of economic operators

1.   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.

2.   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.

Article 23 Information obligations of packaging waste management operators

Packaging waste management operators shall, on an annual basis, provide the competent authorities with the information on packaging waste listed in Table 3 of Annex XII to this Regulation, with the exception of information on packaging made available on the territory of the Member State for the first time, through the electronic registry or registries, in accordance with Article 35(1) of Directive 2008/98/EC.

The packaging waste management operators shall, on an annual basis, provide the producers, in the case of individual fulfilment of extended producer responsibility obligations, or the producer responsibility organisation entrusted with carrying out those obligations, in the case of collective fulfilment of extended producer responsibility obligations, with all the information necessary to comply with the information obligations laid down in Article 44(10).

Member States may, in accordance with national law, provide that, where public authorities are responsible for the organisation of the management of packaging waste, packaging waste management operators shall, on an annual basis, provide such public authorities with all the information necessary to comply with the information obligations laid down in Article 44(10), or with other means to supplement the electronic registry or registries, in accordance with Article 35(1) of Directive 2008/98/EC.

Article 24 Obligation related to excessive packaging

1.   By 1 January 2030 or 3 years from the entry into force of the implementing acts adopted pursuant to paragraph 2, whichever is the latest, 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 %.

2.   By 12 February 2028, the Commission shall adopt implementing acts to establish the methodology for the calculation of the empty space ratio referred to in paragraph 1. That methodology shall take into account the special characteristics of packaging which needs to be placed in an empty space that is large enough to comply with applicable legal requirements or to protect the product, such as, in particular, packaged products of irregular shape, packaging containing more than one sales packaging or product, packaging containing liquid products, packaged products the content of which can easily be damaged and packaged products that can be damaged by larger products due to their small dimensions, and the minimum space on the transport packaging to enable shipment labels to be affixed.

Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 65(2).

3.   For the purpose of the calculation of the ratio referred to in paragraph 1:

(a)

empty space shall mean the difference between the total volume of grouped packaging, transport packaging or e-commerce packaging and the volume of sales packaging contained therein;

(b)

empty space ratio shall mean the ratio of the empty space as defined in point (a) and the total volume of the grouped packaging, transport packaging or e-commerce packaging.

Space filled by filling materials, such as paper cuttings, air cushions, bubble wraps, sponge fillers, foam fillers, wood wool, polystyrene or Styrofoam chips, shall be considered as empty space.

4.   By 12 February 2028, the economic operators who fill sales packaging shall ensure that empty space is reduced to the minimum necessary for ensuring the packaging functionality, including product protection. The empty space ratio for sales packaging shall mean the difference between the total internal volume of the sales packaging and the volume of the packaged product.

For the purpose of assessing compliance with this paragraph, space filled by filling materials, such as paper cuttings, air cushions, bubble wraps, sponge fillers, foam fillers, wood wool, polystyrene or Styrofoam chips, shall be considered as empty space.

For sales packaging for products that are subject to settlement during transportation or where headspace is required to protect the food product, or other products that present these characteristics:

(a)

compliance with this paragraph shall be assessed as the pack-fill level at the time of filling;

(b)

air between or within packed foodstuff or protective gases shall not be considered as empty space.

5.   Economic operators using sales packaging as e-commerce packaging or using reusable packaging within a system of re-use shall be exempt from the obligation laid down in paragraph 1 of this Article. They shall nevertheless ensure that such sales packaging complies with the requirements set out in Article 10.

6.   By 12 February 2032, the Commission shall review the empty space ratio referred to in paragraph 1 as well as the exemptions in paragraph 5, and assess the possibility of establishing empty space ratios for sales packaging, particularly for toys, cosmetics, do-it-yourself kits and electronic products.

Article 25 Restrictions on use of certain packaging formats

1.   From 1 January 2030, economic operators shall not place on the market packaging in the formats and for the uses listed in Annex V.

2.   By way of derogation from Article 4(2), Member States may maintain restrictions adopted before 1 January 2025 on the placing on the market of packaging in the formats and for the uses listed in Annex V but made from materials not listed in Annex V.

3.   Paragraph 1 of this Article shall be without prejudice to Article 9(2), point (b).

4.   By way of derogation from paragraph 1 of this Article, Member States may allow micro-enterprises as defined in Recommendation 2003/361/EC as applicable on 11 February 2025 to place on the market packaging in the formats and for the uses listed in point 3 of Annex V to this Regulation where it has been demonstrated that it is not technically feasible not to use such packaging or to obtain access to infrastructure that is necessary for the functioning of a re-use system.

5.   By 12 February 2032, the Commission shall assess the positive environmental impact of the restrictions and derogations and exemptions from these restrictions, and shall take into account the availability of alternative packaging solutions that meet safety and hygiene requirements applicable to contact-sensitive packaging. On the basis of that assessment, the Commission shall, with the objective of reducing packaging waste, review this Article and Annex V to adapt them to technical and scientific progress. On the basis of that review, the Commission shall assess the appropriateness of establishing new restrictions on the use of specific packaging formats and the relevance of maintaining the derogations and exemptions set out in this Article, and, where appropriate, shall present a legislative proposal.

6.   By 12 February 2027, the Commission shall publish guidelines, in consultation with Member States and the European Food Safety Authority, which explain Annex V in more detail, including examples of the packaging formats in scope, and any exemptions from the restrictions, and provide a non-exhaustive list of fruits and vegetables that are excluded from point 2 of Annex V.

Article 26 Obligations in relation to reusable packaging

1.   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. Those economic operators shall be considered to comply with this paragraph where they make use of existing re-use systems that are already in place in the Member States.

2.   The description of the system’s compliance with requirements pursuant to paragraph 1 of this Article shall be drawn up as part of the technical documentation on reusable packaging to be provided pursuant to Article 11(3). For that purpose, the manufacturer shall request the relevant written confirmations from system participants set out in Annex VI.

Article 27 Obligation related to re-use systems

1.   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.

2.   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.

3.   Economic operators that make use of reusable packaging may appoint a third party to be responsible for one or more mutualised re-use systems.

Where economic operators have appointed a third party as referred to in the first subparagraph, the obligations set out in this Article shall be met by that third party on their behalf.

4.   Economic operators that make use of reusable packaging in closed loop systems in accordance with the requirements in Annex VI shall be required to return the packaging to one or more of the collection points identified by the system participants and approved by the system operator.

Article 28 Obligations related to refill

1.   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).

The rules for refill shall be regularly updated and shall be either clearly displayed on the premises or otherwise provided to end users.

2.   Economic operators who offer the possibility to purchase products through refill shall ensure that refill stations comply with the requirements laid down in Part C of Annex VI and with any requirements laid down in other Union legal acts for the sale of products through refill.

3.   Economic operators who offer the possibility to purchase products through refill shall ensure that if packaging or containers are offered to the end users at refill stations, that packaging and those containers are not provided free of charge if they do not meet the requirements laid down in Annex VI or are provided as a part of a deposit and return system.

4.   Economic operators may refuse to refill a container provided by the end user if the end user does not comply with the rules for refill communicated by the economic operator pursuant to paragraph 1, in particular if the economic operators consider the container to be unhygienic or unsuitable for the sale of food or drink. Economic operators shall bear no liability for hygiene or food safety issues that arise from the use of containers provided by the end user.

5.   From 1 January 2030, final distributors with a sales area of more than 400 m 2 shall endeavour to dedicate 10 % of that sales area to refill stations for both food and non-food products.

Article 29 Re-use targets

1.   From 1 January 2030, economic operators that use transport packaging, or sales packaging used for transporting products, including for products distributed via e-commerce, within the territory of the Union, in the form of pallets, foldable-plastic boxes, boxes, trays, plastic crates, intermediate bulk containers, pails, drums and canisters of any size or material, including flexible formats or pallet wrappings or straps for stabilisation and protection of products put on pallets during transport, shall ensure that at least 40 % of such packaging in total is reusable packaging within a re-use system.

From 1 January 2040, those economic operators shall endeavour to use at least 70 % of the packaging referred to in the first subparagraph in a reusable format within a re-use system.

2.   From 1 January 2030, by way of derogation from paragraph 1 of this Article, economic operators that use transport packaging or sales packaging used for transporting products, in the forms as listed in paragraph 1 of this Article, within the territory of the Union, between different sites on which the operator performs its activity, or between any of the sites on which the operator performs its activity and the sites of any other linked enterprise or partner enterprise, as defined in Article 3 of the Annex to Recommendation 2003/361/EC as applicable on 11 February 2025, shall ensure that such packaging is reusable within a re-use system.

3.   From 1 January 2030, by way of derogation from paragraph 1, economic operators that use transport packaging or sales packaging used for transporting products, including for products distributed via e-commerce, in the forms as listed in paragraph 1, to deliver products to another economic operator within the same Member State shall ensure that such packaging is reusable within a re-use system.

4.   The obligations set out in paragraphs 1, 2 and 3 do not apply to transport packaging or sales packaging:

(a)

used for the transportation of dangerous goods in accordance with Directive 2008/68/EC;

(b)

used for the transportation of large-scale machinery, equipment and commodities for which packaging is custom-designed to fit the individual requirements of the economic operator that made the order;

(c)

in flexible format that is used for transportation and that is in direct contact with food and feed as defined in Article 2 and in Article 3, point (4), of Regulation (EC) No 178/2002 or with food ingredients as defined in Article 2(2), point (f), of Regulation (EU) No 1169/2011 of the European Parliament and of the Council  ( 69 ) ;

(d)

in the form of cardboard boxes.

5.   From 1 January 2030, economic operators that use grouped packaging in the form of boxes, excluding cardboard, outside of sales packaging to group a certain number of products to create a stock-keeping or distribution unit shall ensure that at least 10 % of such packaging is reusable packaging within a re-use system.

From 1 January 2040, economic operators shall endeavour to use at least 25 % of the packaging referred to in the first subparagraph in a reusable format within a re-use system.

6.   From 1 January 2030, final distributors that make alcoholic and non-alcoholic beverages in sales packaging available on the territory of a Member State to consumers shall ensure that at least 10 % of those products are made available in reusable packaging within a re-use system.

From 1 January 2040, economic operators shall endeavour to make at least 40 % of the products referred to in the first subparagraph available in reusable packaging within a re-use system.

Final distributors shall ensure that packaged products manufactured under their own brand contribute on a fair and proportionate basis towards to the achievement of the targets set out in this paragraph.

7.   The targets laid down in paragraph 6 shall not apply to:

(a)

beverages which are highly perishable within the meaning of Article 24 of Regulation (EU) No 1169/2011 and milk and milk products listed in Part XVI of Annex I to Regulation (EU) No 1308/2013 and their dairy analogies falling within codes 2202 99 11 and 2202 99 15 of the Combined Nomenclature (CN) in Annex I to Council Regulation (EEC) No 2658/87  ( 70 ) ;

(b)

categories of grapevine products listed in points 1, 3 to 9, 11, 12, 15, 16 and 17 of Part II of Annex VII to Regulation (EU) No 1308/2013;

(c)

aromatised wine products as defined in Regulation (EU) No 251/2014 of the European Parliament and of the Council  ( 71 ) ;

(d)

products that are similar to wine products and aromatised wine products and that are obtained from fruit other than grapes and vegetables, and other fermented beverages falling within CN code 2206 00;

(e)

alcohol-based spirituous beverages corresponding to CN heading 2208.

8.   By 12 February 2027, the Commission, in consultation with Member States, shall publish guidelines on the types of products falling within the scope of paragraphs 6 and 7.

9.   Final distributors as referred to in paragraph 6 shall take back, free of charge, all reusable packaging of the same type, form and size as the packaging made available on the market by them, within that specific re-use system at the point of sale, ensuring the recovery and return of such packaging through the entire distribution chain. Final distributors shall ensure that end users are able to return the packaging at the location where the actual handover of such packaging takes place or in close proximity thereto. The final distributor shall fully redeem associated deposits or notify the return of the packaging according to the governance rules of the specific re-use system in order that any associated deposits be redeemed, as the case may be.

10.   If, in a given calendar year, a final distributor has a sales area of not more than 100 m 2 , that final distributor shall be exempt from the obligation to meet the targets set out in paragraph 6 in that calendar year. On the basis of the special conditions of final distribution and some manufacturing sectors, even at national level, the Commission is empowered to adopt delegated acts in accordance with Article 64 to amend the sales area threshold.

11.   Member States may exempt final distributors from the obligation to meet the targets set out in paragraph 6 if their sales area is located on an island with a population of less than 2 000 inhabitants.

Member States may also exempt final distributors from the obligation to meet the targets set out in paragraph 6 if their sales area is located in a municipality with a population density less than 54 persons/km 2 , however, the targets set out in paragraph 6 shall apply to final distributors with a sales area in population centres with more than 5 000 inhabitants.

If a final distributor that has been exempted pursuant to the first or second subparagraph sells products referred to in paragraph 6 in re-usable packaging, it shall arrange a take-back for such packaging in accordance with paragraph 9. If the final distributor that has been exempted pursuant to the first or second subparagraph has more than one sales area and only one or only some of those areas are located on such an island or in such a municipality, the relevant beverages made available on the territory of a Member State in such sales areas shall not be calculated for the purpose of meeting the targets set out in paragraph 6.

12.   Member States may allow final distributors to form pools for the purpose of meeting their obligations laid down in paragraph 6, provided that each pool:

(a)

does not exceed more than 40 % of the market share of the relevant beverage category;

(b)

consists of no more than five final distributors; and

(c)

only covers beverage categories made available on the territory of a Member State by all pool members.

The condition under point (b) does not apply if the final distributors operate under the same brand name.

Where a Member State allows final distributors to form pools pursuant to the first subparagraph, each pool shall provide the competent authority of the Member State with at least the following information:

(a)

the final distributors included in the pool; and

(b)

the final distributor appointed as pool manager and contact point.

Member States may require further information to be provided as necessary for the enforcement of the obligations under paragraph 6 in conjunction with this paragraph.

Final distributors shall ensure that their pooling arrangements comply with Articles 101 and 102 TFEU. Without prejudice to the general applicability of Union competition rules to such pools, all members of a pool shall in particular ensure that neither data-sharing nor information exchange, including in relation to prospective sales data, occur in the context of their pooling arrangements, except in respect of the information referred to in Article 30(2) of this Regulation.

By 1 January 2028, the Commission shall adopt delegated acts in accordance with Article 64 to supplement this Regulation by establishing and specifying the detailed conditions and reporting requirements to be applied to the pooling arrangements referred to in this paragraph, taking into account the type and quantity of packaging each final distributor places on the market each calendar year and the location of the final distributors.

13.   Economic operators shall be exempt from the obligation to meet the targets set out in this Article for a calendar year, if during that calendar year they:

(a)

made not more than 1 000 kg of packaging available on the territory of a Member State; and

(b)

fall within the definition of micro-enterprise as set out in Recommendation 2003/361/EC as applicable on 11 February 2025.

On the basis of the special conditions of final distribution and of some manufacturing sectors, including at national level, the Commission is empowered to adopt delegated acts in accordance with Article 64 to amend the threshold set out in point (a) of this paragraph.

14.   Member States may exempt economic operators for a period of 5 years from the obligations under this Article under the following conditions:

(a)

the exempting Member State reaches 5 percentage points above the targets for recycling of packaging waste per material to be achieved by 2025 and is expected to reach 5 percentage points above the 2030 target according to the report published by the Commission 3 years before that date;

(b)

the exempting Member State is on track to achieve the relevant waste prevention targets set out in Article 43 and can demonstrate to have reduced the packaging waste generated per capita by at least 3 % by 2028 compared to the packaging waste generated per capita in 2018; and

(c)

the economic operators have adopted a corporate waste prevention and recycling plan that contributes to achieving the waste prevention and recycling objectives set out in Articles 43 and 52, respectively.

That period of 5 years may be renewed by the Member State provided that all the conditions are fulfilled.

15.   Subject to the conditions set out in Article 51, Member States may set targets for economic operators that exceed the minimum targets set out in paragraphs 1, 2, 3, 5 and 6 of this Article to the extent that such higher targets are necessary for the Member State to achieve one or more of the targets set out in Article 43.

16.   Subject to the conditions set out in Article 51, Member States may set targets for economic operators with regard to beverages made available in sales packaging which does not fall under paragraph 6 of this Article, if those additional targets are necessary for the Member State to achieve one or more of the targets set out in Article 43.

17.   Targets laid down in or pursuant to this Article shall be calculated for the period of a calendar year.

18.   In order to take account of the latest scientific and economic data and developments, the Commission is empowered to adopt delegated acts in accordance with Article 64 to supplement this Regulation by establishing:

(a)

exemptions for economic operators that are additional to those provided for in this Article, due to particular economic constraints encountered in a specific sector related to the compliance with the targets set out in paragraphs 1, 2, 3, 5 and 6 of this Article;

(b)

exemptions for specific packaging formats covered by the targets set out in paragraphs 1, 2, 3, 5 and 6 of this Article, where hygiene and food safety issues prevent the achievement of those targets;

(c)

exemptions for specific packaging formats covered by the targets set out in paragraphs 1, 2, 3, 5 and 6 of this Article, where environmental issues prevent the achievement of those targets.

19.   By 1 January 2034, taking into account the evolution of the state of the art of technology and the practical experience gained by economic operators and Member States, the Commission shall present a report reviewing the implementation of the 2030 targets set out in this Article. In that report, it shall evaluate, including from the perspective of the life-cycle assessment of single-use and re-use packaging, the following:

(a)

the extent to which the 2030 targets have led to solutions fostering sustainable packaging that are effective and easy to implement;

(b)

the feasibility of the achievement of the 2040 targets on the basis of the experience in achieving the 2030 targets and the evolving circumstances;

(c)

the relevance of maintaining the exemptions and derogations set out in this Article; and

(d)

the necessity or pertinence of setting new targets for the re-use and refill of other packaging categories.

The Commission’s report shall include an employment impact assessment. The report shall, where appropriate, be accompanied by a legislative proposal amending this Article, in particular the 2040 targets. By December 2032, Member States shall provide data to the Commission on the employment impact assessment related to the implementation of the re-use targets in their national territories. Before submitting the data to the Commission, Member States shall inform and consult national social partners representing workers and employers in the sectors covered by packaging re-use targets.

Article 30 Rules on the calculation of the achievement of the re-use targets

1.   For the purpose of demonstrating the achievement of the targets set out in Article 29(1) and (5), the economic operator using the packaging shall calculate, for each target separately, the following:

(a)

the number of equivalent units of any of the packaging formats listed in Article 29(1) or (5), as applicable, constituting reusable packaging within a re-use system that it used in a calendar year;

(b)

the number of equivalent units of any of the packaging formats listed in Article 29(1) or (5), as applicable, other than those indicated in point (a) of this paragraph, that it used in a calendar year.

2.   For the purpose of demonstrating the achievement of the targets set out in Article 29(6) and Article 33, the final distributor making available such products to consumers on the territory of a Member State shall calculate, for each target separately, the following:

(a)

the total number of sales units or total volume of beverages in reusable packaging within a re-use system made available on the territory of a Member State in a calendar year;

(b)

the total number of sales units or total volume of beverages made available on the territory of a Member State in packaging other than that referred to in point (a) in a calendar year.

3.   By 30 June 2027, the Commission shall adopt implementing acts establishing the methodology for the calculation of the re-use targets set out in Article 29.

Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 65(2).

4.   The obligation to demonstrate the achievement of the re-use targets set out in Article 29 shall apply from 1 January 2030 or 18 months from the date of entry into force of the implementing act referred to in paragraph 3 of this Article, whichever is later.

Article 31 Reporting to the competent authorities on re-use targets

1.   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.

2.   The report referred to in paragraph 1 shall be submitted within 6 months from the end of the reporting year for which the data are collected.

3.   The first reporting year shall concern the calendar year 2030.

4.   The competent authorities shall establish electronic systems through which data shall be reported to them and specify the formats to be used.

5.   Competent authorities may request economic operators to provide any additional information necessary to ensure the reliability of the data reported.

6.   Member States shall make the report referred to in paragraph 1 public.

7.   By 12 February 2027, the Commission shall establish a European observatory on re-use. The observatory shall be responsible for monitoring the implementation of the measures laid down in this Regulation, collecting data on re-use practices and contributing to the development of best practices in the field of re-use.

Article 32 Refill obligation for the takeaway sector

1.   By 12 February 2027:

(a)

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;

(b)

final distributors that conduct their business activity in the HORECA sector and that make available on the territory of a Member State ready-prepared food in take-away packaging shall provide a system for consumers to bring their own container to be filled.

2.   Where consumers bring their own container to be filled, final distributors as referred to in paragraph 1 shall offer them the products at no higher cost and under no less favourable conditions than when selling the sales unit consisting of the same product and single-use packaging.

Final distributors shall inform consumers at the point of sale, through clearly visible and legible information boards or signs, about the possibility of obtaining the products in a refillable container provided by the consumer.

Article 33 Re-use offer obligation for the take-away sector

1.   By 12 February 2028, 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 or ready-prepared food in take-away packaging shall give consumers the option of obtaining the products in re-useable packaging within a system for re-use.

2.   Final distributors shall inform consumers at the point of sale, through clearly visible and legible information boards or signs, about the possibility of obtaining the products in reusable packaging.

3.   Final distributors shall offer the products filled in reusable packaging at no higher cost and under no less favourable conditions than a sales unit consisting of the same product and single-use packaging.

4.   Final distributors shall be exempt from the application of this Article if they fall within the definition of a micro-enterprise set out in Recommendation 2003/361/EC as applicable on 11 February 2025.

5.   From 2030, final distributors shall endeavour to offer 10 % of products for sale in a reusable packaging format.

6.   Under the conditions set out in Article 51, Member States may set targets for economic operators that go beyond the minimum target set out in paragraph 5 of this Article to the extent that higher targets are necessary for the Member State to achieve one or more of the targets set out in Article 43.

Article 34 Plastic carrier bags

1.   Member States shall take measures to achieve a sustained reduction in the consumption of lightweight plastic carrier bags on their territory.

A sustained reduction is considered to be achieved if the annual consumption does not exceed 40 lightweight plastic carrier bags per capita, or the equivalent target in weight, by 31 December 2025 and subsequently by 31 December each year thereafter.

2.   Measures to be taken by Member States to meet the target set out in paragraph 1 shall take into consideration the environmental impact of lightweight plastic carrier bags when they are manufactured, recycled or disposed of, and their composting properties, durability or specific intended use. Such measures may, by way of derogation from Article 4, include marketing restrictions, provided that they are proportionate and non-discriminatory.

3.   In addition to the measures under paragraphs 1 and 2 of this Article, Member States may take measures, such as economic instruments and national reduction targets, as regards any kind of plastic carrier bags, regardless of their wall thickness, in accordance with the obligations arising from the TFEU.

4.   Member States may exclude from the obligations set out in paragraph 1 very lightweight plastic carrier bags which are required for hygiene purposes or provided as sales packaging for loose food to prevent food wastage.

5.   By 12 February 2032, the Commission shall prepare a report on packaging materials, other than those referred to in paragraphs 1 and 2, which are likely to have a more detrimental impact on the environment than lightweight plastic carrier bags and, where appropriate, present a legislative proposal setting out reduction targets and measures to achieve those targets.

Article 35 Test, measurement and calculation methods

For the purposes of compliance and verification of compliance of packaging with the requirements laid down in or pursuant to Articles 5 to 12, 24 and 26, tests, measurements and calculations shall be made using reliable, accurate and reproducible methods which take into account the generally recognised state-of-the art methods and whose results are considered to be of low uncertainty.

Article 36 Presumption of conformity

1.   Test, measurement or calculation methods referred to in Article 35 which are in conformity with harmonised standards or parts thereof, the references of which have been published in the Official Journal of the European Union , shall be presumed to be in conformity with the requirements covered by those standards or parts thereof set out in that Article.

2.   Where test, measurement or calculation methods as referred to in paragraph 1 of this Article are performed by conformity assessment bodies under accreditation in accordance with Regulation (EC) No 765/2008 of the European Parliament and of the Council  ( 72 ) , they shall be presumed to be in conformity with the requirements under paragraph 1 of this Article.

3.   Packaging which is in conformity with harmonised standards or parts thereof, the references of which have been published in the Official Journal of the European Union , shall be presumed to be in conformity with the requirements laid down in or pursuant to Articles 5 to 12, 24 and 26 covered by those standards or parts thereof.

Article 37 Common specifications

1.   Packaging which is in conformity with common specifications referred to in paragraph 2 of this Article, or parts thereof, shall be presumed to be in conformity with the requirements laid down in or pursuant to Articles 5 to 12, 24 and 26 to the extent that those requirements are covered by those common specifications or parts thereof.

2.   The Commission may, by means of implementing acts, establish common specifications for the requirements laid down in or pursuant to Articles 5 to 12, 24 and 26 where the following conditions are fulfilled:

(a)

either:

(i)

no reference to harmonised standards covering the relevant requirements laid down in or pursuant to Articles 5 to 12, 24 and 26 of this Regulation has been published in the Official Journal of the European Union in accordance with Regulation (EU) No 1025/2012 and no such reference is expected to be published within a reasonable period; or

(ii)

the existing standard does not satisfy the requirements the request aims to cover; and

(b)

the Commission has requested, pursuant to Article 10(1) of Regulation (EU) No 1025/2012, one or more European standardisation organisations to draft or to revise a harmonised standard for the requirements laid down in or pursuant to Articles 5 to 12, 24 and 26 of this Regulation and either:

(i)

the request has not been accepted by any of the European standardisation organisations to which the request was addressed; or

(ii)

the request has been accepted by at least one of the European standardisation organisations to which the request was addressed, but the requested harmonised standards:

—

are not adopted within the deadline set in the request,

—

do not comply with the request, or

—

are not fully in line with the requirements they aim to cover.

Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 65(2).

3.   Before preparing a draft implementing act as referred to in paragraph 2 of this Article, the Commission shall inform the committee referred to in Article 22 of Regulation (EU) No 1025/2012 that it considers that the conditions set out in paragraph 2 of this Article have been fulfilled.

4.   Where a European standardisation organisation adopts a harmonised standard and proposes the harmonised standard to the Commission for the publication of its reference in the Official Journal of the European Union , the Commission shall assess the harmonised standard in accordance with Regulation (EU) No 1025/2012. When such a reference to a harmonised standard is published in the Official Journal of the European Union , the Commission shall repeal the implementing acts referred to in paragraph 2 of this Article, or parts thereof, which cover the same requirements laid down in or pursuant to Articles 5 to 12, 24 and 26.

5.   Where a Member State or the European Parliament considers that a common specification does not entirely satisfy the requirements laid down in or pursuant to Articles 5 to 12, 24 and 26, it shall inform the Commission thereof by submitting a detailed explanation. The Commission shall assess that detailed explanation and may, if appropriate, amend the implementing act establishing the common specification in question.

Article 38 Conformity assessment procedure

Conformity assessment of packaging as regards the requirements laid down in or pursuant to Articles 5 to 12 shall be carried out in accordance with the procedure set out in Annex VII.

Article 39 EU declaration of conformity

1.   The EU declaration of conformity shall state that the fulfilment of the requirements laid down in or pursuant to Articles 5 to 12 has been demonstrated.

2.   The EU declaration of conformity shall have the model structure set out in Annex VIII, contain the elements specified in the module set out in Annex VII and be continuously updated. It shall be drawn up in, or translated into, one or more languages required by the Member State in which the packaging is placed on the market or made available on the market.

3.   Where packaging or the packaged product are subject to more than one Union act requiring an EU declaration of conformity, a single EU declaration of conformity shall, where appropriate, be drawn up in respect of all such Union acts. That declaration shall state the Union acts concerned and their publication references. The declaration may consist of a dossier made up of relevant individual EU declarations of conformity.

4.   By drawing up the EU declaration of conformity, the manufacturer assumes responsibility for the compliance of the packaging with the requirements laid down in this Regulation.

5.   Competent authorities shall endeavour to control the accuracy of at least part of the declarations of conformity per year, assessed on a risk-based approach and shall take the necessary measures to address non-compliance, such as the withdrawal of non-compliant products from the market.

Article 40 Competent authority

1.   Member States shall designate one or more competent authorities to be responsible for implementation and enforcement of the obligations set out in this Chapter and in Article 6(10), Article 29(1) to (7) and (9) and Articles 30 to34.

2.   Member States shall lay down the details of the organisation and operation of the competent authority or competent authorities, including administrative and procedural rules governing:

(a)

the registration of producers in accordance with Article 44;

(b)

the organisation and monitoring of reporting requirements under Article 44(7) and (8);

(c)

the oversight of the implementation of the extended producer responsibility obligations in accordance with Article 45;

(d)

the authorisation on fulfilment of extended producer responsibility in accordance with Article 47;

(e)

the making available of information in accordance with Article 56.

3.   By 12 July 2025, Member States shall notify the Commission of the names and addresses of the competent authorities designated pursuant to paragraph 1. Member States shall inform the Commission without undue delay of any changes to the names or addresses of those competent authorities.

Article 41 Early warning report

1.   The Commission shall, in cooperation with the European Environment Agency, draw up reports on the progress made towards the achievement of the targets laid down in Articles 43 and 52 at the latest 3 years before each of the deadlines laid down in those Articles.

2.   The reports referred to in paragraph 1 shall include the following:

(a)

an estimation of the achievement of the targets by each Member State;

(b)

a list of Member States at risk of not achieving the targets by the respective deadlines, accompanied by appropriate recommendations for the Member States concerned;

(c)

examples of best practices throughout the Union which could provide guidance for progressing towards achievement of the targets.

Article 42 Waste management plans and waste prevention programmes

1.   Member States shall include in the waste management plans required pursuant to Article 28 of Directive 2008/98/EC a dedicated chapter on the management of packaging and packaging waste, including measures taken pursuant to Articles 48, 50 and 52 of this Regulation.

2.   Member States shall include in the waste prevention programmes required pursuant to Article 29 of Directive 2008/98/EC a dedicated chapter on the prevention of packaging, packaging waste and packaging discarded as litter, including measures taken pursuant to Articles 43 and 51 of this Regulation.

Article 43 Prevention of packaging waste

1.   Each Member State shall reduce the packaging waste generated per capita, as compared to the packaging waste generated per capita in 2018 as reported to the Commission in accordance with Decision 2005/270/EC, by at least:

(a)

5 % by 2030;

(b)

10 % by 2035;

(c)

15 % by 2040.

2.   In order to support Member States achieve the packaging waste prevention targets set out in paragraph 1 of this Article, by 12 February 2027, the Commission shall establish a correction factor to account for the increase or decrease in tourism in relation to the base year 2018 by means of implementing acts adopted pursuant to Article 56(7), point (c). That correction factor shall be based on the rate of packaging waste generation per tourist and the variation in the number of tourists relative to the base year 2018 and take the packaging waste reduction potential in tourism into account.

3.   Without prejudice to paragraphs 1 and 4, Member States that have already established separate systems for the management of household packaging waste, on the one hand, and for industrial and commercial packaging waste, on the other, may retain those systems.

4.   In achieving the targets set out in paragraph 1, each Member State shall endeavour to reduce the quantity of plastic packaging waste generated.

5.   In addition to the measures provided for by this Regulation, Member States shall, in line with the overall objectives of the Union’s waste policy and in order to reach the targets set out in this Article, implement measures that aim to prevent the generation of packaging waste and to minimise the environmental impact of packaging. Such measures may include the use of economic instruments and other measures to provide incentives for the application of the waste hierarchy, such as the measures referred to in Annexes IV and IVa to Directive 2008/98/EC, or other appropriate instruments and measures, including incentives provided through extended producer responsibility schemes, and obligations on producers or producer responsibility organisations to adopt waste prevention plans. The measures shall be proportionate and non-discriminatory and be designed so as to avoid barriers to trade or distortions of competition. Such measures shall not lead to a shift to lighter packaging material being used to fulfil the goal of packaging waste reduction.

6.   For the purpose of paragraph 5 of this Article and without prejudice to Article 16(2) of Directive (EU) 2020/2184 of the European Parliament and of the Council  ( 73 ) , Member States shall incentivise restaurants, canteens, bars, cafés and catering services to serve their customers tap water, where available, free of charge or for a low service fee, in a reusable or refillable format.

7.   For the purpose of paragraph 5, Member States may introduce packaging waste prevention measures that exceed the minimum targets set out in paragraph 1, while acting in accordance with this Regulation.

8.   By way of derogation from paragraph 1, Member States may, by 31 December 2025, request the Commission to use a base year other than 2018 for the calculations of the targets set out in paragraph 1. If a Member State makes such request, the Commission may, without prejudice to paragraphs 5 and 7, allow the Member State to use such other base year for the purpose of calculating the targets set out in paragraph 1 on condition that the Member State provide substantiated evidence:

(a)

of a significant increase in packaging waste during the year that it requests to use as a base year for the purpose of calculating the targets set out in paragraph 1;

(b)

that the significant increase in packaging waste demonstrated under point (a) is due to changes in the reporting procedures only;

(c)

that the significant increase in packaging waste demonstrated under point (a) is not due to an increased consumption; and

(d)

of better comparability of data between the Member States.

9.   By 12 February 2032, the Commission shall review the targets laid down in paragraph 1 and assess the need to include specific targets for certain packaging materials. To that end, the Commission shall submit a report to the European Parliament and to the Council, accompanied, if the Commission finds it appropriate, by a legislative proposal.

Article 44 Register of producers

1.   Each Member State shall, within 18 months of the date of entry into force of first implementing act adopted pursuant to paragraph 14, establish a national register which shall serve to monitor compliance of producers with the requirements set out in this Chapter.

Each national register shall provide links to other national registers of producers’ websites to facilitate, in all Member States, registration of producers or authorised representatives for the extended producer responsibility.

2.   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, by submitting an application for registration to the competent authority responsible for the register of each such Member State. Where a producer has entrusted a producer responsibility organisation with carrying out the extended producer responsibility obligations on its behalf pursuant to Article 46(1), the obligations set out in this Article shall be met by that organisation, unless otherwise specified by the Member State in which the register is established.

3.   Member States may provide that the obligations set out in this Article may, on the basis of a written mandate, be met on behalf of producers by an authorised representative for the extended producer responsibility.

4.   Producers shall not make available packaging or packaged products on the territory of a Member State for the first time, or unpack packaged products without being end users, if they or, where applicable, in accordance with Article 45, their authorised representatives for the extended producer responsibility are not registered in that Member State.

5.   The application for registration shall include the information to be provided in accordance with Part A of Annex IX. A Member State may request producers to provide additional information or documents if such information or documents are necessary to monitor and ensure compliance with this Regulation and with the rules adopted by that Member State pursuant to Article 40(2).

6.   Where an authorised representative for the extended producer responsibility represents more than one producer, it shall, in addition to the information to be provided pursuant to paragraph 5, provide the name and the contact details of each one of the producers which it represents, separately.

7.   The producer or, where applicable, the producer’s authorised representative for the extended producer responsibility or the producer responsibility organisation, as stipulated by national law in accordance with paragraphs 2 and 3 of this Article, shall submit the information set out in Part B, point 1, of Annex IX to the competent authority responsible for the register, by 1 June for each full preceding calendar year.

Member States may require the information provided pursuant to this paragraph to be audited and certified by independent auditors under the supervision of the competent authorities referred to in Article 40(1), on the basis of national standards, if any.

8.   Where a producer has made available for the first time on the territory of the Member State a quantity of packaging, including packaging of packaged products, of less than 10 tonnes during one calendar year, or where a producer as defined in Article 3(1), point (15)(e), unpacks a quantity of packaging of less than 10 tonnes during one calendar year, the producer or, where applicable, the producer’s authorised representative for the extended producer responsibility or the producer responsibility organisation, as stipulated by national law in accordance with paragraphs 2 and 3 of this Article, shall submit the information set out in Part B, point 2, of Annex IX to the competent authority responsible for the register, by 1 June for each full preceding calendar year.

By way of derogation from the first subparagraph, a Member State may, for a specific calendar year, set a lower maximum threshold than that referred to in the first subparagraph if the Member State would otherwise have insufficient accurate data in order to:

(a)

comply with the reporting obligations under Article 56(1) and (2) in that calendar year; and

(b)

ensure that the database under Article 57 is complete and provide the data under Article 56(2), point (a).

9.   If it is necessary for budgetary reasons, a Member State may require the producer to submit the information set out in Part B, points 1 and 2, of Annex IX to the competent authority responsible for the register on a quarterly basis.

10.   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.

Where under national law public authorities are responsible for the organisation of the management of packaging waste, Member States may provide that those authorities shall submit the information set out in Part B, point 3, of Annex IX.

11.   The competent authority responsible for the register:

(a)

shall receive applications for registration as referred to in paragraph 2 via an electronic data-processing system, the details of which shall be made available on the competent authority’s website;

(b)

shall grant registrations and provide a registration number within a maximum period of twelve weeks from the moment that all the information required under paragraphs 5 and 6 is provided;

(c)

may lay down modalities with respect to the requirements and process of registration without adding substantive requirements to those laid down in paragraphs 5 and 6;

(d)

may charge producers cost-based and proportionate fees for the processing of applications for registration as referred to in paragraph 2;

(e)

shall receive and monitor the information submitted pursuant to paragraphs 7 and 8.

12.   The producer, or, where applicable, the producer’s authorised representative for the extended producer responsibility or the producer responsibility organisation shall, without undue delay, notify the competent authority of any changes to the information contained in the registration and of any permanent cessation of the making available for the first time on the territory of the Member State of the packaging or packaged product referred to in the registration. A producer shall be removed from the register 3 years from the end of the calendar year in which the producer’s registration ends if the producer has ceased to exist as a producer.

13.   Member States shall ensure that the list of registered producers is easily accessible, publicly available and free of charge, without prejudice to the preservation of the confidentiality of commercially sensitive information in conformity with the relevant Union and national law. The list of registered producers shall be machine readable, sortable and searchable, and shall respect open standards for third-party use.

14.   The Commission shall, by 12 February 2026, adopt implementing acts establishing the format for registration in, and reporting to, the register and specifying the granularity of data to be provided and the packaging types and material categories to be covered by the information submitted.

The format for the submission of information pursuant to this Article shall be interoperable, shall be based on open standards and machine-readable data, and shall be transferable through an interoperable data exchange network without vendor lock-in.

Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 65(2).

Article 45 Extended producer responsibility

1.   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.

2.   In addition to the costs referred to in Article 8a(4), point (a), of Directive 2008/98/EC, the financial contributions paid by the producer shall cover the following costs:

(a)

costs of labelling waste receptacles for the collection of packaging waste as referred to in Article 13 of this Regulation; and

(b)

costs of carrying out compositional surveys of collected mixed municipal waste under Commission Implementing Regulation (EU) 2023/595  ( 74 ) and under the implementing acts to be adopted pursuant to Article 56(7), point (a), of this Regulation where those implementing acts provide for an obligation to carry out such surveys.

The costs to be covered shall be established in a transparent, proportional, non-discriminatory and efficient way.

3.   A producer referred to in Article 3(1), point (15)(c) and (d), shall appoint, by written mandate, an authorised representative for the extended producer responsibility in each Member State where the producer makes packaging or packaged products available for the first time, other than the Member State where the producer is established. Member States may provide that producers established in third countries shall appoint, by written mandate, an authorised representative for the extended producer responsibility when making packaging or packaged products available on their territory for the first time.

4.   For the purposes of compliance with Article 30(1), points (d) and (e), of Regulation (EU) 2022/2065, providers of online platforms that fall within the scope of Section 4 of Chapter III of that Regulation and that allow consumers to conclude distance contracts with producers shall obtain the following information from producers that offer packaging or packaged products to consumers located in the Union prior to allowing those producers to use their services:

(a)

information on the registration of the producers referred to in Article 44 of this Regulation in the Member State where the consumer is located and the registration number(s) of the producer in that register;

(b)

a self-certification by the producer confirming that it only offers packaging with regard to which the extended producer responsibility requirements referred to in paragraphs 1, 2 and3 of this Article are complied with in the Member State where the consumer is located.

Where a producer sells its products via an online marketplace, the obligations set out in paragraph 2 of this Article may, on the basis of written mandate, be met by the provider of the online platform, on behalf of the producer.

5.   Member States may provide that, where automated data reconciliation with the national register is provided for in that Member State, it shall be applicable for verification of the information referred to in paragraph 4, points (a) and (b).

6.   Upon receiving the information referred to in paragraph 4 and prior to allowing producers to use its services, the provider of the online platform shall make best efforts to assess whether the information received is complete and reliable.

7.   Producers offering packaging or packaged products to consumers located in the Union shall provide fulfilment service providers with the information referred to in paragraph 4, points (a) and (b), of this Article at the moment of the conclusion of the contract between the fulfilment service provider and the producer for any of the services referred to in Article 3, point (11), of Regulation (EU) 2019/1020.

8.   Upon receiving the information referred to in paragraph 7of this Article and at the moment of the conclusion of the contract between the fulfilment service provider and the producer for any of the services referred to in Article 3, point (11), of Regulation (EU) 2019/1020, the fulfilment service provider shall, through the use of any freely accessible official online database or online interface made available by a Member State or the Union or by means of the publicly available registration list under Article 44(13) of this Regulation or requests to the producer to provide supporting documents from reliable sources, make best efforts to assess whether the information referred to in paragraph 7 of this Article is reliable and complete. For the purposes of this Regulation, producers shall be responsible for the accuracy of the information provided.

Where the fulfilment service provider obtains sufficient indications or has reason to believe that any item of information referred to in paragraph 7 obtained from the producer concerned is inaccurate, incomplete or not up-to-date, that fulfilment service provider shall request that the producer remedies that situation without delay or within the period set by Union or national law, as applicable.

Where the producer fails to correct or complete that information, the fulfilment service provider shall swiftly suspend the provision of its service to that producer in relation to the offering of packaging or packaged products to consumers located in the Union until the request has been fully complied with. The fulfilment service provider shall provide the producer with the reasons for the suspension.

9.   Without prejudice to Article 4 of Regulation (EU) 2019/1150 of the European Parliament and of the Council  ( 75 ) , in the event that a fulfilment service provider suspends the provision of its services pursuant to paragraph 8 of this Article, the producer concerned shall have the right to challenge the decision of the fulfilment service provider before a court in a Member State in which the fulfilment service provider is established.

Article 46 Producer responsibility organisation

1.   Producers may entrust a producer responsibility organisation authorised in accordance with Article 47 with carrying out the extended producer responsibility obligations on their behalf. Member States may adopt measures to make entrusting the extended producer responsibility obligations to a producer responsibility organisation mandatory.

2.   Where, on the territory of a Member State, one or multiple producer responsibility organisations are authorised to fulfil extended producer responsibility obligations on behalf of producers, the Member State shall ensure that the producer responsibility organisation or organisations and producers that have not entrusted the carrying out of the extended producer responsibility obligations to a producer responsibility organisation, when taken together, cover the whole territory of the Member State as regards the activities in accordance with Article 47(3) and Articles 48 and 50. Member States shall appoint an independent third party to oversee the carrying out of the extended producer responsibility obligations by the producer responsibility organisations in a coordinated manner or shall entrust such oversight to the competent authority.

3.   Producer responsibility organisations shall ensure the confidentiality of the data in their possession as regards proprietary information or information directly attributable to individual producers or their authorised representatives.

4.   In addition to the information referred to in Article 8a(3), point (e), of Directive 2008/98/EC, producer responsibility organisations shall publish on their websites, at least once a year, information on the quantity of packaging, including packaging of packaged products, made available for the first time on the territory of a Member State, or unpacked by a producer without being an end user, and on the levels of recovered and recycled materials in relation to the quantity of packaging for which they have been performing producer responsibility obligations.

Member States may provide that public authorities that are responsible for the organisation of the management of packaging waste shall publish on their websites, at least once a year, information on the levels of recovered and recycled materials in relation to the quantity of packaging waste generated on their territory.

5.   Producer responsibility organisations shall ensure equal treatment of producers regardless of their origin or size, without placing a disproportionate burden on producers of small quantities of packaging, including packaging of packaged products, including small and medium-sized enterprises.

Article 47 Authorisation on fulfilment of extended producer responsibility

1.   The producer, in the case of individual fulfilment of extended producer responsibility obligations, or the producer responsibility organisation entrusted with carrying out those obligations, in the case of collective fulfilment of extended producer responsibility obligations, shall apply for an authorisation on fulfilment of extended producer responsibility from the competent authority.

2.   When adopting measures laying down the administrative and procedural rules referred to in Article 40(2), Member States shall establish the requirements and details of the authorisation procedure. Those requirements and details may differ for individual and collective fulfilment of the extended producer responsibility obligations. Member States shall also establish the modalities for verifying compliance, including the information to be provided by producers or producer responsibility organisations to that end. The authorisation procedure shall include requirements on the verification of the arrangements put in place to ensure compliance with the requirements laid down in paragraph 3 of this Article, and timeframes for that verification, which shall not exceed 18 weeks from the submission of a complete application dossier. That verification shall be carried out by a competent authority or an independent expert who shall issue a verification report on its result. The independent expert shall be independent of the competent authority and of the producer responsibility organisations or the producers authorised for individual fulfilment.

3.   The measures to be established by Member States in accordance with paragraph 2 shall include measures ensuring that:

(a)

the requirements laid down in Article 8a(3), points (a) to (d), of Directive 2008/98/EC are complied with;

(b)

the measures put in place or paid for by the producer or producer responsibility organisation are sufficient to allow for the return and waste management of all packaging waste in accordance with Article 48(1) and (5) and Article 50, free of charge for consumers, with a frequency proportionate to the area and volume of packaging waste covered with regard to the quantity and types of packaging, including packaging of packaged products, made available for the first time on the territory of a Member State by that producer or producers on whose behalf the producer responsibility organisation acts, or packaging unpacked by such producer or producers without being end users;

(c)

the necessary arrangements, including preliminary arrangements, to that end are in place with distributors, public authorities or third parties carrying out waste management on their behalf;

(d)

the necessary sorting and recycling capacity is available to ensure that packaging waste collected is subsequently subject to preliminary treatment and high-quality recycling;

(e)

the requirement laid down in paragraph 6 of this Article is complied with.

4.   The producer or the producer responsibility organisation shall notify the competent authority without undue delay of any changes to the information contained in the application for an authorisation, of any changes that concern the terms of the authorisation, or of the permanent cessation of operations. On the basis of some or all of such notified changes, the competent authority may decide to amend the authorisation.

5.   The competent authority may decide to revoke the authorisation, in particular if the producer or producer responsibility organisation no longer fulfils the requirements on the organisation of the treatment of packaging waste or fails to fulfil other extended producer responsibility obligations under the schemes established in accordance with Articles 8 and 8a of Directive 2008/98/EC or under this Section, such as obligations to report to the competent authority, or obligations to notify any changes to the terms of the authorisation or if the producer has permanently ceased operations.

6.   The producer, in the case of individual fulfilment of extended producer responsibility obligations, or the producer responsibility organisation entrusted with carrying out those obligations, in the case of collective fulfilment of extended producer responsibility obligations, shall provide an adequate guarantee intended to cover the costs related to waste management operations owed by the producer or the producer responsibility organisation, in the event of non-compliance with the extended producer responsibility obligations, including in the permanent cessation of its operations, or insolvency. Member States may specify additional requirements for the guarantee. The guarantee may take the form of a public fund that is financed by producers’ fees and for which a Member State is jointly and severally liable.

Article 48 Return and collection systems

1.   Member States shall ensure that systems and infrastructures are set up to provide for the return and separate collection of all packaging waste from the end users, in order to ensure that it is treated in accordance with Articles 4, 10 and 13 of Directive 2008/98/EC, and to facilitate its preparation for re-use and high-quality recycling.

Packaging that complies with design for recycling criteria as established in delegated acts adopted pursuant to Article 6(4) of this Regulation shall be collected for recycling. Incineration and landfill of such packaging shall be prohibited, with the exception of waste resulting from subsequent treatment operations of separately collected packaging waste for which recycling is not feasible or does not deliver the best environmental outcome.

2.   In order to facilitate high-quality recycling, Member States shall ensure that systems and infrastructures for comprehensive collection and sorting are in place to facilitate recycling and to ensure that plastic feedstock is available for recycling. Such systems and infrastructures may provide priority access to recycled materials for use in applications where the distinct quality of the recycled material is preserved or recovered in such a way that it can be recycled further and used in the same way and for a similar application with minimal loss of quantity, quality or function.

3.   Member States may derogate from the return and separate waste collection obligation in paragraph 1 of this Article for certain formats of waste, provided that collecting fractions of packaging waste together, or collecting packaging waste or fractions of such packaging waste together with other waste does not affect the capacity of such packaging or fractions of packaging waste to undergo preparing for re-use, recycling or other recovery operations in accordance with Articles 4 and 13 of Directive 2008/98/EC and generates output from those operations which is of comparable quality to that achieved through separate collection.

4.   Member States may ensure that packaging waste that is not collected separately is sorted prior to disposal or energy recovery operations to remove packaging designed for recycling.

5.   The systems and infrastructures referred to in paragraph 1 shall:

(a)

be open to the participation of the economic operators of the sectors concerned, the competent public authorities and third parties carrying out waste management on their behalf;

(b)

cover the whole territory of the Member State and all packaging waste from all types of packaging and activities, and take into account population size, expected volume and composition of packaging waste, as well as accessibility and proximity to end users; they shall include the separate collection in public spaces, business premises and residential areas, and shall be of sufficient capacity;

(c)

be open to imported products under non-discriminatory conditions, in particular with regard to the detailed arrangements and any tariffs imposed for access, and be designed so as to avoid barriers to trade or distortions of competition.

6.   Member States may provide for public waste management systems to participate in the organisation of the systems referred to in paragraph 1.

7.   Member States shall take measures to promote recycling of packaging waste which meets the quality standards for the use of recycled materials in relevant sectors.

Article 49 Mandatory collection

By 1 January 2029, Member States shall set mandatory collection objectives and take the necessary measures to ensure that the collection of the materials listed in Article 52 is consistent with the recycling targets set out in that Article and with the mandatory recycled content targets set out in Article 7.

Article 50 Deposit and return systems

1.   By 1 January 2029, Member States shall take the necessary measures to ensure the separate collection of at least 90 % per year by weight of the following packaging formats made available on the market for the first time in that Member State in a given calendar year:

(a)

single-use plastic beverage bottles with a capacity of up to three litres; and

(b)

single-use metal beverage containers with a capacity of up to three litres.

Member States may use the quantity of packaging waste generated from packaging placed on the market to calculate, in accordance with the implementing acts adopted pursuant to Article 56(7), point (a), the targets set out in the first subparagraph, points (a) and (b), of this paragraph.

2.   In order to achieve the targets set out in paragraph 1, Member States shall take the necessary measures to ensure that deposit and return systems are set up for the relevant packaging formats referred to in paragraph 1 and that a deposit is charged at the point of sale.

3.   By way of derogation from paragraph 2, Member States may exempt economic operators in the HORECA sector from charging a deposit where the following conditions are fulfilled:

(a)

the deposit bearing packaging is opened on the premises;

(b)

the product is consumed on the premises; and

(c)

the empty deposit bearing packaging is returned at the premises.

4.   Paragraph 2 shall not apply to packaging for:

(a)

categories of grapevine products listed in points 1, 3, 8, 9, 11, 12, 15, 16 and 17, Part II of Annex VII to Regulation (EU) No 1308/2013 or for aromatised wine products as defined in Regulation (EU) No 251/2014;

(b)

products that are similar to wine products and aromatised wine products and that are obtained from fruit other than grapes and from vegetables, and other fermented beverages falling within CN code 2206 00;

(c)

alcohol-based spirituous beverages corresponding to CN heading 2208; and

(d)

milk and milk products listed in Part XVI of Annex I to Regulation (EU) No 1308/2013.

By way of derogation from paragraph 2, Member States may exempt single-use plastic beverage bottles and single use metal beverage containers with capacities lower than 0,1 litres from participation in the deposit and return systems, where such participation is not technically feasible.

5.   Member States may be exempt from the obligation under paragraph 2 under the following conditions:

(a)

the rate of separate collection as required under Article 48 of the relevant packaging format as submitted to the Commission under Article 56(1), point (c), is 80 % or more by weight of such packaging made available on the territory of that Member State for the first time in the calendar year 2026; and

(b)

by 1 January 2028, the Member State notifies the Commission of its request for exemption and submits an implementation plan showing a strategy with concrete measures, including their timeline, that ensure achievement of the 90 % separate collection rate by weight of the packaging referred to in paragraph 1.

For the purposes of point (a), where the information on the rate of separate collection of the relevant packaging format has not yet been submitted to the Commission, the Member State shall provide a reasoned explanation as to how the conditions for the exemption set out in this paragraph are otherwise fulfilled. The reasoned explanation shall be based on validated national data and include a description of the measures implemented.

6.   Within 3 months of receipt of the implementation plan submitted pursuant to paragraph 5, point (b), the Commission may request the Member State to revise the plan if it considers that the plan does not comply with the requirements set out in paragraph 5, point (b). The Member State shall submit a revised implementation plan within 3 months of receipt of the Commission’s request.

7.   If the separate collection rate of the packaging referred to in paragraph 1 in a Member State decreases and remains below 90 % by weight of a given packaging format placed on the market for three consecutive calendar years, the Commission shall notify that Member State that the exemption no longer applies. A deposit and return system shall be established by 1 January of the second calendar year following the year in which the Commission notified the Member State concerned that the exemption no longer applies.

8.   Member States shall endeavour to establish and maintain deposit and return systems in particular for single-use glass beverage bottles and beverage cartons. Member States shall endeavour to ensure that deposit and return systems for single-use packaging formats, in particular for single-use glass beverage bottles, are equally available for reusable packaging where technically and economically feasible.

9.   A Member State may, while observing the general rules laid down in the TFEU and acting in accordance with this Regulation, adopt provisions which go beyond the minimum requirements set out in this Article, such as the possibility to include packaging listed in paragraph 4, and packaging for other products or made of other materials.

10.   Member States shall ensure that return points and opportunities for reusable packaging with a similar purpose and format to those established under paragraph 1 are as convenient for end users as return points and opportunities are to return single-use packaging to a deposit and return system.

11.   By 1 January 2029, Member States shall ensure that at least the deposit and return systems established under paragraph 2 of this Article following the entry into force of this Regulation meet the minimum requirements listed in Annex X.

The minimum requirements listed in Annex X shall not apply to deposit and return systems established before the entry into force of this Regulation which achieve the 90 % target set out in paragraph 1 of this Article by 1 January 2029. Member States shall endeavour to ensure that existing single-use deposit and return systems comply with the minimum requirements in Annex X when they are first reviewed. If the 90 % target is not achieved by 1 January 2029, existing single-use deposit and return systems shall comply with the minimum requirements in Annex X at the latest by 1 January 2035.

By 1 January 2038, the Commission, in collaboration with the Member States, shall assess the implementation of this Article and identify how to maximise the interoperability of deposit and return systems.

12.   The minimum requirements listed in Annex X to this Regulation shall not apply in outermost regions as recognised in Article 349, third paragraph, TFEU, taking into account their local specificities.