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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.
