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Regulation (EU) 2025/40 Section 1 — General provisions

Article 40–Article 42 · 3 articles

Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. · Read the official text ↗

Competent authority

Article 40

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.

Early warning report

Article 41

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.

Waste management plans and waste prevention programmes

Article 42

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.

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