New EU packaging and waste regulation comes into force to promote sustainability

On 22 January 2025, Regulation (EU) 2025/40 on packaging and packaging waste was published, with the aim of promoting the circular economy and harmonising the regulatory framework.

In order to mitigate the high levels of packaging generated in the market in terms of volume and weight, enhance the rates of reuse and collection, and promote recycling, Regulation (EU) 2025/40 on packaging and packaging waste was adopted on 19 December 2024. It amended Regulation (EU) 2019/1020 and Directive (EU) 2019/904, and repealed Directive 94/62/EC.

Under the new regulation, only packaging that complies with sustainability, labelling, marking and information requirements throughout the entire lifecycle of the packaging may be placed on the EU market.

Additionally, requirements have been established for the prevention of packaging waste, such as the reduction of unnecessary packaging, the reuse or refilling of packaging, and collection of packaging waste. The regulation aims to contribute to the transition towards a circular economy and the achievement of climate neutrality by 2050. The regulation applies to all packaging, irrespective of the material used, and to all packaging waste.

Each Member State is required to establish a national registry to monitor compliance with the requirements set forth in the regulation. Economic operators are also required to register in each Member State where packaging or packaged products are placed on the market for the first time.

The regulation entered into force on 11 February 2025 and will apply from 12 August 2026.

Recyclable packaging

The regulation mandates that, by 2030, all packaging must be recyclable. Packaging will be deemed recyclable when it meets two requirements. It needs to be 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. And when it becomes waste, it needs to be collected separately and sorted into specific waste streams without affecting the recyclability of other waste streams and recycled at scale.

Packaging with double walls, false bottoms and other features intended solely to increase the perceived volume of the product, as well as superfluous packaging that is not necessary to ensure the functionality of the packaging, will not be allowed to be placed on the market. This provision will not be mandatory for products with protected designation of origin or for packaging protected in terms of designs, models and trademarks, but only provided that these rights predate the entry into force of the regulation.

The regulation also establishes minimum recycled-content percentages that plastic packaging must contain depending on their type and format. Packaging for medical devices and for medical purposes will be exempt from this requirement. The European Commission will adopt implementing acts establishing the method for calculating and verifying the percentages to be achieved by 2030.

From 2030 onwards, no packaging may be placed on the market for formats and purposes other than those listed in annex 5 of the regulation. This includes, for example, single-use plastic collective packaging, single-use plastic packaging for fresh unprocessed fruits and vegetables (of less than 1.5kg) and single-use plastic packaging in hotels and accommodations.

The regulation includes restrictions on the use of perfluoroalkyl and polyfluoroalkyl substances (PFAS) in packaging intended to come into contact with food.

Labelling of packaging and waste containers

Packaging placed on the EU market must include a harmonised label containing information on material composition and the reusability of the packaging. These labels must be easily understandable, including for people with disabilities. Additionally, economic operators may include a QR code on the packaging that provide information on the proper disposal of each component to facilitate consumer separation.

Packaging compliance

To ensure that all packaging placed on the EU market complies with sustainability, labelling, marking and information requirements, the regulation introduces the obligation to certify these through a declaration of conformity. All manufacturers must conduct a conformity assessment procedure and prepare the necessary technical documentation before placing packaging on the EU market.

The declaration of conformity must be kept and made available to national authorities for a period of five years after the introduction of single-use packaging on the market and 10 years for reusable packaging.

Extended producer responsibility

Extended producer responsibility is regulated in Directive 2008/98/EC and also in this regulation. In the event of a conflict, the provisions of this regulation shall prevail over those of the Directive.

The regulation broadens the scope of extended producer responsibility, encompassing not only packaged products but also packaging marketed for the first time within the territory of a Member State. Additionally, the subjective scope includes packaging manufacturers and entities that unpack packaged products without being the end users. Producers are required to bear the costs of labelling waste containers for the collection of packaging waste and of conducting studies on the composition of mixed municipal waste collected.

Osborne Clarke comment

This regulation represents a significant advancement towards sustainability and the circular economy by imposing requirements on recyclability and packaging reduction. However, effective implementation will depend on the adoption of national legislation by Member States, following the Commission's adoption of the delegated and implementing acts that further develop the regulation of packaging and packaging waste.