Regulation (EU) 2025/40 on packaging and packaging waste, amending Regulation (EU) 2019/1020 and Directive (EU) 2019/904, and repealing Directive 94/62/EC.

This Regulation applies to all packaging and packaging waste, regardless of the material or source, including industry, manufacturing, retail, offices, services, and households. It 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, in case of conflict, Directive 2008/68/EC shall prevail.
The requirements for substances in packaging include minimization of the presence and concentration of substances of concern as constituents of the packaging material or of any of the packaging components before packaging placing on the market, 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. This Regulation compels all packaging placed on the market to be recyclable. It sets out minimum recycled content in plastic packaging. The state of technological development and environmental performance of biobased plastic packaging will be reviewed by the Commission in terms of sustainability by 12 February 2028. The packaging and sticky labels labels affixed to fruit and vegetables which are placed on the market, 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. Article 11 lists the requirements for packaging placed on the market from 11 February 2025 to be considered as reusable.
Chapter III lays down rules for labelling and marking of packaging, labelling of waste receptacles for the collection of packaging waste, environmental claims concerning packaging properties and information requirements. Chapter IV determines the obligations of manufacturers, suppliers of packaging or packaging materials, authorised representatives, importers, distributors, fulfilment service providers, and packaging waste management operators. Chapter V addresses the obligations of economic operators to reduce packaging and packaging waste, including but not limited to: restrictions on use of certain packaging formats and the obligations related to reusable packaging and reuse systems. Chapter VI underlines the need for a sustained reduction in the consumption of lightweight plastic carrier bags. Chapter VII sets out test, measurement and calculation methods for the purposes of compliance and verification of compliance of packaging with the requirements laid down in this Regulation. Chapter VIII determines rules for the management of packaging and packaging waste. The Member States shall include a dedicated chapter on the management of packaging and packaging waste in the waste management plans and a dedicated chapter on the prevention of packaging, packaging waste and packaging discarded as litter in the waste prevention programmes. Chapter IX lays down safeguard procedures for dealing with packaging presenting a risk to the environment or human health at national level, Union safeguard procedure, and control procedures for packaging entering the Union market. Chapter X sets out minimum mandatory green public procurement requirements in order to incentivise the supply and demand for environmentally sustainable packaging.
This Regulation sets general rules for packaging, but single-use plastic items, such as plastic carrier bags, beverage cups, food and beverage containers, under Directive (EU) 2019/904 are also considered packaging. In case of conflict, Directive (EU) 2019/904 takes precedence within its scope. This Regulation should override Directive (EU) 2019/904 for packaging-related single-use plastics to reduce environmental waste. The Directive (EU) 2019/904 should be amended because the Member States cannot exempt expanded polystyrene packaging from the ban. To monitor and enforce Directive (EU) 2019/904, Regulation (EU) 2019/1020 should include it in its scope. Recycled plastic content rules for beverage bottles and related reporting, regulated by this Regulation, should be removed from Directive (EU) 2019/904.