{ "$schema": "https://www.conphora.com/schemas/regulation-page.json", "code": "PPWD", "locale": "en", "url": "https://www.conphora.com/regulations/ppwd/", "json": "https://www.conphora.com/regulations/ppwd.json", "summaryPdf": "https://www.conphora.com/regulations/ppwd/summary.pdf", "dateModified": "2026-09-13", "regulation": { "code": "PPWD", "name": "European Parliament and Council Directive 94/62/EC of 20 December 1994 on packaging and packaging waste", "shortName": "Packaging and Packaging Waste Directive", "reference": "Directive 94/62/EC", "celex": "31994L0062", "eurlex": "https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:31994L0062", "actType": "Directive", "category": "Environment & Waste", "inForce": "1994-12-31", "appliesFrom": "1996-06-30", "changing": false, "video": "regulation-ppwd" }, "answer": "The Packaging and Packaging Waste Directive set the first EU-wide rules for all packaging, essential requirements, heavy-metal limits, recycling targets and producer responsibility, binding producers, fillers, importers and distributors. It was repealed from 12 August 2026 by Regulation (EU) 2025/40; only its marking, minimisation and reporting provisions survive, until 2028 or 2029.", "description": "PPWD guide: the Packaging and Packaging Waste Directive, repealed from 12 August 2026 by the PPWR, which of its provisions still apply and until when, the essential requirements, the 100 ppm heavy-metal limit, the material identification marking, the recycling targets and the Danish packaging order.", "enforcedBy": "The directive was addressed to the Member States and was enforced only through their transposing law; it contains no penalty article of its own. In Denmark it is still transposed by bekendtgørelse nr. 1146 of 29 September 2025 on certain requirements for packaging, extended producer responsibility for packaging and other waste collected with packaging waste, the emballagebekendtgørelse, in force since 1 October 2025, which names Miljøstyrelsen (the Danish Environmental Protection Agency) as the supervisory authority and Dansk Producentansvar as the keeper of the producer register. Since 12 August 2026 the packaging requirements themselves are enforced as Regulation (EU) 2025/40 by the market surveillance authorities designated under Regulation (EU) 2019/1020: the directive is point 9 of Annex I to that regulation, and Article 66 of Regulation (EU) 2025/40 deleted it from Annex II, the list of acts for which Member States must set penalties, and added the regulation as point 75 of Annex I. Miljøstyrelsen's toolkit under the Danish order is orders to produce documents, technical specifications, data, compliance information and supply-chain and website-ownership information, test purchases including under a concealed identity with reverse engineering of the samples, orders to stop making packaging available, orders to the owner of an online interface to change or remove content, and fines that rise to imprisonment of up to 2 years where the breach was intentional or grossly negligent and damaged or endangered the environment or produced an economic advantage.", "keyDates": [ { "date": "1994-12-20", "label": "European Parliament and Council Directive 94/62/EC on packaging and packaging waste adopted, repealing Council Directive 85/339/EEC on containers of liquids for human consumption from the transposition date", "source": "https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:01994L0062-20180704 · title and Art. 23" }, { "date": "1994-12-31", "label": "Entry into force on the day of publication in OJ L 365 of 31 December 1994", "source": "https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:01994L0062-20180704 · Art. 24; https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=CELEX:31994L0062 · OJ reference" }, { "date": "1996-06-30", "label": "Deadline for Member States to bring the transposing laws into force; packaging manufactured before 31 December 1994 and conforming to existing national law could still be placed on the market for five years from entry into force", "source": "https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:01994L0062-20180704 · Art. 22(1), (4) and (5)" }, { "date": "1997-12-31", "label": "Three years after entry into force: packaging may be placed on the market only if it complies with all the essential requirements of Annex II on minimisation, reuse and recoverability", "source": "https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:01994L0062-20180704 · Art. 9(1) and Annex II" }, { "date": "2001-06-30", "label": "The first targets bite: 50 to 65 per cent of packaging waste recovered or incinerated with energy recovery and 25 to 45 per cent recycled with at least 15 per cent per material; the heavy-metal limit reaches its final 100 ppm for the sum of lead, cadmium, mercury and hexavalent chromium, five years after the transposition date", "source": "https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:01994L0062-20180704 · Art. 6(1) points (a) and (c), and Art. 11(1)" }, { "date": "2004-02-18", "label": "Directive 2004/12/EC enters into force: it adds the three criteria and the Annex I list of illustrative examples to the definition of packaging and sets the 2008 recovery and recycling targets, with transposition by 18 August 2005", "source": "https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32004L0012 · Art. 1, Art. 2 and Art. 3" }, { "date": "2005-04-05", "label": "Directive 2005/20/EC enters into force, letting the ten Member States that acceded in 2004 postpone the 2008 targets to dates between 31 December 2012 and 31 December 2015, with transposition by 9 September 2006", "source": "https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32005L0020 · Art. 1, Art. 2 and Art. 3" }, { "date": "2008-12-31", "label": "The 2008 targets apply: at least 60 per cent of packaging waste recovered or incinerated with energy recovery, 55 to 80 per cent recycled, and per material 60 per cent glass, 60 per cent paper and board, 50 per cent metals, 22,5 per cent plastics counting only material recycled back into plastics and 15 per cent wood", "source": "https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:01994L0062-20180704 · Art. 6(1) points (b), (d) and (e)" }, { "date": "2013-02-28", "label": "Commission Directive 2013/2/EU enters into force and replaces Annex I, the illustrative examples of what is and is not packaging, with transposition by 30 September 2013", "source": "https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32013L0002 · Art. 1, Art. 2 and Art. 3" }, { "date": "2015-05-26", "label": "Directive (EU) 2015/720 enters into force: Member States must cut the consumption of lightweight plastic carrier bags below 50 microns to 90 per person by 31 December 2019 and 40 by 31 December 2025, or stop giving them out free of charge by 31 December 2018, with transposition by 27 November 2016", "source": "https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32015L0720 · Art. 1, Art. 2 and Art. 3" }, { "date": "2018-07-04", "label": "Directive (EU) 2018/852 enters into force with the circular economy package: the 2025 and 2030 recycling targets, the calculation rules of Article 6a, extended producer responsibility schemes for all packaging by 31 December 2024 and the new reporting regime of Article 12", "source": "https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32018L0852 · Art. 1 and Art. 3" }, { "date": "2020-07-05", "label": "Deadline for Member States to transpose Directive (EU) 2018/852", "source": "https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32018L0852 · Art. 2(1)" }, { "date": "2024-12-31", "label": "Member States must have extended producer responsibility schemes in place for all packaging, set up in accordance with Articles 8 and 8a of Directive 2008/98/EC", "source": "https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:01994L0062-20180704 · Art. 7(2)" }, { "date": "2025-02-11", "label": "Regulation (EU) 2025/40, the Packaging and Packaging Waste Regulation, enters into force as the act that repeals the directive", "source": "https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32025R0040 · Art. 71" }, { "date": "2025-10-01", "label": "Danish executive order nr. 1146 of 29 September 2025, the emballagebekendtgørelse, in force, replacing order nr. 323 of 20 March 2025; it still transposes the directive as amended by Directive (EU) 2018/852 and parts of Directive (EU) 2019/904", "source": "https://www.retsinformation.dk/eli/lta/2025/1146 · § 121 and the EU footnote to the title" }, { "date": "2026-08-12", "label": "Directive 94/62/EC is repealed and Regulation (EU) 2025/40 applies; references to the directive are read as references to the regulation through the correlation table in its Annex XIII; four groups of provisions of the directive continue to apply for a time", "source": "https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32025R0040 · Art. 70(1), Art. 70(5) and Art. 71" }, { "date": "2028-08-12", "label": "Commission Decision 97/129/EC, the numbering and abbreviation system that Article 8(2) of the directive refers to, is repealed", "source": "https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32025R0040 · Art. 70(2)" }, { "date": "2028-12-31", "label": "Last day on which Article 5(2) and (3), Article 6(1) points (d) and (e), Article 6a and Article 12(3a), (3b), (3c) and (4) of the directive continue to apply, except that the transmission of data to the Commission under Article 12 runs one year longer", "source": "https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32025R0040 · Art. 70(1) points (c) and (d)" }, { "date": "2029-12-31", "label": "Last day on which Article 9(1) and (2) of the directive continue to apply for the first indent of point 1 of Annex II, the requirement that packaging volume and weight be limited to the minimum, and last day for transmitting data to the Commission under Article 12; the minimisation duty of Article 10(1) of Regulation (EU) 2025/40 takes over from 1 January 2030", "source": "https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32025R0040 · Art. 70(1) points (b) and (d), and Art. 10(1)" }, { "date": "2030-01-01", "label": "End of the period in which Member States may maintain national provisions restricting the placing on the market of packaging in the formats and for the uses listed in points 2 and 3 of Annex V to Regulation (EU) 2025/40; its Article 4(3) applies to those national measures from this date", "source": "https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32025R0040 · Art. 70(4)" } ], "amendedBy": [ { "reference": "Directive (EU) 2018/852", "celex": "32018L0852", "date": "2018-07-04", "summary": "The circular economy amendment. It rewrites the objectives in Article 1(2), replaces the definitions of packaging waste and adds reusable and composite packaging and the Directive 2008/98/EC definitions, rewrites prevention in Article 4(1), replaces reuse in Article 5, adds the 2025 targets of 65 per cent of all packaging waste with 50 per cent plastic, 25 per cent wood, 70 per cent ferrous metals, 50 per cent aluminium, 70 per cent glass and 75 per cent paper and cardboard and the 2030 targets of 70 per cent overall with 55, 30, 80, 60, 75 and 85 per cent, allows a five-year postponement under Article 6(1a), inserts the calculation rules of Article 6a and the early warning report of Article 6b, requires extended producer responsibility schemes for all packaging by 31 December 2024 in Article 7(2), adds the feasibility review of the essential requirements in Article 9(5), replaces the delegated act for heavy metals in Article 11(3) and rebuilds the reporting regime in Article 12. In force 4 July 2018, transposition by 5 July 2020.", "source": "https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32018L0852 · Art. 1, Art. 2 and Art. 3" }, { "reference": "Directive (EU) 2015/720", "celex": "32015L0720", "date": "2015-05-26", "summary": "The plastic carrier bags amendment. It defines plastic, plastic carrier bags, lightweight bags below 50 microns, very lightweight bags below 15 microns and oxo-degradable bags in Article 3, inserts Article 4(1a) to (1c) requiring a sustained reduction in the consumption of lightweight plastic carrier bags through national reduction targets, economic instruments or marketing restrictions, with either no more than 90 bags per person by 31 December 2019 and 40 by 31 December 2025 or no free bags at the point of sale by 31 December 2018, adds Article 8a on the labelling of biodegradable and compostable bags and Article 20a on Commission reporting. In force 26 May 2015, transposition by 27 November 2016.", "source": "https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32015L0720 · Art. 1, Art. 2 and Art. 3" }, { "reference": "Commission Directive 2013/2/EU", "celex": "32013L0002", "date": "2013-02-28", "summary": "Replaces Annex I, the illustrative examples for the three criteria of Article 3(1), to settle borderline cases: it confirms, among others, that beverage system capsules left empty after use, sterile barrier systems, refillable steel gas cylinders and labels hung on a product are packaging, and that tea bags, wax layers around cheese, printer cartridges, soluble detergent bags, coffee capsules disposed of with the used coffee and RFID tags are not. In force 28 February 2013, transposition by 30 September 2013.", "source": "https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32013L0002 · recitals 1 and 2, Art. 1, Art. 2 and Art. 3" }, { "reference": "Regulation (EC) No 219/2009", "celex": "32009R0219", "date": "2009-04-20", "summary": "A horizontal comitology alignment. It converts the Commission's powers over the illustrative examples of the definition of packaging, the conditions under which the heavy-metal concentration levels do not apply to recycled materials and closed and controlled product loops, the packaging types exempted from the 100 ppm limit and the technical measures for difficulties in applying the directive into the regulatory procedure with scrutiny under Article 5a of Decision 1999/468/EC. In force 20 April 2009.", "source": "https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32009R0219 · Annex, point 3.3" }, { "reference": "Directive 2005/20/EC", "celex": "32005L0020", "date": "2005-04-05", "summary": "Adds Article 6(11), which lets the Member States that acceded under the Accession Treaty of 16 April 2003 postpone the 2008 targets in Article 6(1) points (b), (d) and (e) to a date of their own choosing, no later than 31 December 2012 for the Czech Republic, Estonia, Cyprus, Lithuania, Hungary, Slovenia and Slovakia, 31 December 2013 for Malta, 31 December 2014 for Poland and 31 December 2015 for Latvia. In force 5 April 2005, transposition by 9 September 2006.", "source": "https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32005L0020 · Art. 1, Art. 2 and Art. 3" }, { "reference": "Directive 2004/12/EC", "celex": "32004L0012", "date": "2004-02-18", "summary": "The first substantive revision. It adds the three criteria that further define packaging and makes Annex I an illustrative list of their application, and it sets the 2008 recovery and recycling targets in Article 6(1) points (b), (d) and (e), including 60 per cent for glass, 60 per cent for paper and board, 50 per cent for metals, 22,5 per cent for plastics counting only material recycled back into plastics and 15 per cent for wood. In force 18 February 2004, transposition by 18 August 2005.", "source": "https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32004L0012 · Art. 1, Art. 2 and Art. 3; https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:01994L0062-20180704 · Art. 3(1) and Art. 6(1)" }, { "reference": "Regulation (EC) No 1882/2003", "celex": "32003R1882", "date": "2003-11-20", "summary": "The first amendment, a horizontal alignment of the committee provisions of a large number of instruments to Council Decision 1999/468/EC on the exercise of the Commission's implementing powers; it is recorded as amendment M1 of the consolidated directive. In force 20 November 2003.", "source": "https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:01994L0062-20180704 · list of amending acts, entry M1; https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=CELEX:31994L0062 · relationship between documents" } ], "scope": { "appliesTo": [ "All packaging placed on the market in the Union and all packaging waste, whether used or released at industrial, commercial, office, shop, service, household or any other level, regardless of the material used", "Sales or primary packaging, grouped or secondary packaging and transport or tertiary packaging, of plastic, paper and board, glass, metal, wood or composite materials, plus non-returnable items used for the same purposes", "The economic operators named in Article 3, point 11: suppliers of packaging materials, packaging producers and converters, fillers and users, importers, traders and distributors, authorities and statutory organizations", "Member States, which carry almost every duty in the directive: transposition, the return, collection and recovery systems, the extended producer responsibility schemes, the recovery and recycling targets, the databases and the reporting to the Commission" ], "derived": [ "Since 12 August 2026 the directive is repealed and Regulation (EU) 2025/40 governs packaging; references to the directive are construed as references to that regulation and read through the correlation table in its Annex XIII (Regulation (EU) 2025/40, Art. 70(1) and (5))", "Four groups of provisions survive the repeal: Article 8(2) until 30 months from the entry into force of the labelling implementing act under Article 12(6) of the regulation, Article 9(1) and (2) for the first indent of point 1 of Annex II until 31 December 2029, Article 5(2) and (3), Article 6(1) points (d) and (e) and Article 6a until 31 December 2028, and Article 12(3a), (3b), (3c) and (4) until 31 December 2028, with the transmission of data to the Commission until 31 December 2029 (Regulation (EU) 2025/40, Art. 70(1))", "Transport packaging does not include road, rail, ship and air containers, and items that are an integral part of a product, necessary to contain, support or preserve it throughout its lifetime and disposed of with it are not packaging; Annex I, as replaced by Commission Directive 2013/2/EU, lists the borderline cases (Art. 3(1) and Annex I)", "Only Article 9 and Article 18 bound products directly: packaging could be placed on the market only if it met the Annex II essential requirements, and Member States could not impede packaging that satisfied the directive; the targets in Articles 5, 6 and 7 bind Member States, not individual companies (Art. 9(1), Art. 18 and Art. 6(1))", "Packaging complying with harmonised standards whose references were published in the Official Journal, or with notified national standards where no harmonised standard existed, was presumed to meet the essential requirements (Art. 9(2) and (3))", "Commission Decisions 2001/171/EC for glass packaging and 2009/292/EC for plastic crates and pallets in a closed and controlled chain, the two derogations from the 100 ppm heavy-metal limit, remain in force and continue to apply until repealed by delegated acts under Article 5(8) of Regulation (EU) 2025/40 (Regulation (EU) 2025/40, Art. 70(3))" ], "categories": [ { "id": "sales-packaging", "label": "Sales or primary packaging: the sales unit handed to the final user or consumer at the point of purchase" }, { "id": "grouped-packaging", "label": "Grouped or secondary packaging: a grouping of sales units, removable without affecting the product" }, { "id": "transport-packaging", "label": "Transport or tertiary packaging: pallets, crates, stretch wrap and similar packaging for handling and transport" }, { "id": "reusable-packaging", "label": "Reusable packaging designed for multiple trips or rotations by being refilled or reused for the same purpose" }, { "id": "plastic-carrier-bags", "label": "Plastic carrier bags, including lightweight bags below 50 microns and very lightweight bags below 15 microns" }, { "id": "glass-packaging", "label": "Glass packaging above the 100 ppm heavy-metal limit because of recycled input" }, { "id": "plastic-crates-pallets", "label": "Plastic crates and plastic pallets used in a closed and controlled chain" }, { "id": "freight-containers", "label": "Road, rail, ship and air freight containers" }, { "id": "non-packaging-items", "label": "Items that are not packaging under the Annex I criteria, such as tea bags, printer cartridges, tool boxes, sausage skins, wrapping paper sold separately and clothes hangers sold on their own" }, { "id": "pre-august-2026-packaging", "label": "Packaging placed on the market before 12 August 2026" } ], "roles": [ { "id": "manufacturer", "label": "Packaging producer or converter, and supplier of packaging materials", "definition": "The directive has no definition of manufacturer; Article 3, point 11 lists the economic operators in relation to packaging as suppliers of packaging materials, packaging producers and converters, fillers and users, importers, traders and distributors, authorities and statutory organizations, and Member States decided in transposition which of them carried which duty. Under the Danish order the duties to document composition and heavy-metal content fall on the operator that manufactures or imports packaging.", "source": "https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:01994L0062-20180704 · Art. 3, point 11; https://www.retsinformation.dk/eli/lta/2025/1146 · § 14" }, { "id": "other", "label": "Filler or user of packaging (the brand owner that packs or fills products)", "definition": "One of the economic operators of Article 3, point 11. Anyone who makes packaging available in Denmark must be able to show on request that it meets the essential requirements and the heavy-metal limit, and a filler that first makes packaged products available in Denmark is also a producer for extended producer responsibility.", "source": "https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:01994L0062-20180704 · Art. 3, point 11; https://www.retsinformation.dk/eli/lta/2025/1146 · § 13" }, { "id": "importer", "label": "Importer", "definition": "One of the economic operators of Article 3, point 11. Under the Danish order the operator that manufactures or imports packaging must hold the composition information of annex 3 for five years and produce it and the heavy-metal documentation on request from Miljøstyrelsen, and an operator that exports or imports packaging must keep the annual number of packaging units and the materials used for five years.", "source": "https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:01994L0062-20180704 · Art. 3, point 11; https://www.retsinformation.dk/eli/lta/2025/1146 · § 14 and § 19" }, { "id": "distributor", "label": "Trader or distributor, including retailers", "definition": "One of the economic operators of Article 3, point 11. Member States had to ensure that return, collection and recovery systems were open to the economic operators of the sectors concerned and applied to imported products on non-discriminatory terms; in Denmark points of sale must also charge the statutory minimum price for certain carrier bags.", "source": "https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:01994L0062-20180704 · Art. 3, point 11, and Art. 7(1); https://www.retsinformation.dk/eli/lta/2025/1146 · § 12" }, { "id": "producer", "label": "Producer under an extended producer responsibility scheme", "definition": "The directive required Member States to have extended producer responsibility schemes for all packaging by 31 December 2024, set up in accordance with Articles 8 and 8a of Directive 2008/98/EC, whose definition of an extended producer responsibility scheme the directive adopts; who counts as a producer was therefore set nationally. In Denmark a producer that makes packaging available must register, or have its representative register, in the producer register kept by Dansk Producentansvar at the latest 14 days before it starts.", "source": "https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:01994L0062-20180704 · Art. 3, point 2c, and Art. 7(2); https://www.retsinformation.dk/eli/lta/2025/1146 · § 20 and § 21" } ], "rules": [ { "categories": [ "freight-containers" ], "roles": [ "*" ], "size": "any", "result": "out-of-scope", "note": "Road, rail, ship and air containers are excluded from the definition of transport packaging and were never covered by the directive. Regulation (EU) 2025/40 keeps the same exclusion, so nothing changed for them on 12 August 2026.", "source": "https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:01994L0062-20180704 · Art. 3(1), point (c); https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32025R0040 · Art. 3(1), point (1)" }, { "categories": [ "non-packaging-items" ], "roles": [ "*" ], "size": "any", "result": "out-of-scope", "note": "An item is not packaging when it is an integral part of a product, necessary to contain, support or preserve that product throughout its lifetime, and all elements are intended to be used, consumed or disposed of together. Annex I, as replaced by Commission Directive 2013/2/EU, lists the borderline cases decided this way, among them tea bags, wax layers around cheese, sausage skins, tool boxes, printer cartridges, soluble detergent bags, clothes hangers sold separately, wrapping paper sold separately, disposable cutlery, stirrers and RFID tags. The same three criteria and an equivalent list are now in Article 3 and Annex I of Regulation (EU) 2025/40, so an item outside the directive is normally outside the regulation too, but check the regulation's own list before concluding.", "source": "https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:01994L0062-20180704 · Art. 3(1), criteria (i) to (iii), and Annex I; https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32013L0002 · Art. 1 and the Annex" }, { "categories": [ "pre-august-2026-packaging" ], "roles": [ "*" ], "size": "any", "result": "depends", "note": "Packaging placed on the market before 12 August 2026 had to meet the national law transposing the directive as it stood then, including the Annex II essential requirements and the 100 ppm heavy-metal limit. The repeal does not oblige anyone to withdraw it, but from 12 August 2026 packaging placed on the market must comply with Regulation (EU) 2025/40, and that regulation gives only one general grace period: packaging manufactured in the Union or imported before the labelling deadlines of Article 12(1), (2) and (4) that does not meet those criteria may be made available for up to three years from the entry into force of the labelling requirements. Check the date on which each batch was placed on the market, not the date it was manufactured.", "source": "https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:01994L0062-20180704 · Art. 9(1) and Art. 11(1); https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32025R0040 · Art. 4(1), Art. 12(12), Art. 70(1) and Art. 71" }, { "categories": [ "glass-packaging" ], "roles": [ "manufacturer", "other", "importer" ], "size": "any", "result": "depends", "note": "Article 11 of the directive, the 100 ppm limit on the sum of lead, cadmium, mercury and hexavalent chromium, was repealed on 12 August 2026 and Article 5(4) of Regulation (EU) 2025/40 now sets the same sum at 100 mg/kg. Commission Decision 2001/171/EC, the derogation for glass packaging, remains in force and continues to apply until repealed by a delegated act under Article 5(8) of the regulation. In Denmark glass packaging may still be marketed above the limit if the sum stays at or below 250 ppm, no lead, cadmium, mercury or hexavalent chromium was deliberately added during manufacture and the excess comes only from recycled material, and the manufacturer samples every glass furnace monthly and reports to Miljøstyrelsen when the twelve-month average exceeds 200 ppm. Failing to take the samples or to submit the report is a fineable offence.", "source": "https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:01994L0062-20180704 · Art. 11(1) and (2); https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32025R0040 · Art. 5(4), Art. 70(1) and Art. 70(3); https://www.retsinformation.dk/eli/lta/2025/1146 · § 5, § 6, § 7 and § 120" }, { "categories": [ "plastic-crates-pallets" ], "roles": [ "manufacturer", "other", "importer", "distributor" ], "size": "any", "result": "depends", "note": "Commission Decision 2009/292/EC, the derogation that lets plastic crates and plastic pallets stay in product loops in a closed and controlled chain above the heavy-metal limit, remains in force and continues to apply until repealed by a delegated act under Article 5(8) of Regulation (EU) 2025/40. In Denmark the crates and pallets must be made and repaired inside the closed chain with only a technical minimum of outside raw material, the chain must meet the conditions of the packaging order, the operator must report to Miljøstyrelsen and must keep the technical documentation for four years after the report. Breaching the manufacture, repair, use or reporting conditions is a fineable offence.", "source": "https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32025R0040 · Art. 70(3) and Art. 5(8); https://www.retsinformation.dk/eli/lta/2025/1146 · § 8, § 9, § 10, § 11 and § 120" }, { "categories": [ "sales-packaging", "grouped-packaging", "transport-packaging", "reusable-packaging", "plastic-carrier-bags" ], "roles": [ "producer" ], "size": "any", "result": "depends", "note": "The directive's reporting provisions survive the repeal, but they bind Member States, not producers: Article 12(3a), (3b), (3c) and (4) continue to apply until 31 December 2028, and until 31 December 2029 as regards the transmission of data to the Commission, because reporting under Article 56 of Regulation (EU) 2025/40 only starts with the second full calendar year after the reporting-format implementing act, which the Commission must adopt by 12 February 2027. Article 12(6), the provision that made Member States require economic operators to supply reliable data, was not carried over and fell away on 12 August 2026; the equivalent duty is now Article 56(8) of the regulation. Your own registration and reporting duties come from national law: in Denmark you register in the producer register kept by Dansk Producentansvar at the latest 14 days before you start making packaging available, and report the quantities made available in the previous calendar year by 1 June each year, in kilograms per material category, split into household and business packaging and into single-use and reusable packaging, with a simplified report for producers below 8 tonnes a year.", "source": "https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:01994L0062-20180704 · Art. 12(3a) to (4) and Art. 12(6); https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32025R0040 · Art. 70(1), point (d), Art. 56(3), Art. 56(7) and Art. 56(8); https://www.retsinformation.dk/eli/lta/2025/1146 · § 21, § 27 and § 120" }, { "categories": [ "sales-packaging", "grouped-packaging", "transport-packaging", "reusable-packaging", "plastic-carrier-bags" ], "roles": [ "manufacturer", "other", "importer", "distributor" ], "size": "any", "result": "in-scope", "note": "A directive binds the Member States, not companies, so this duty reaches you only through your national law — but one duty from the directive is still there to be transposed: Article 8(2) and (3), which say packaging shall indicate the nature of the packaging materials used on the basis of Commission Decision 97/129/EC, on the packaging itself or on the label, clearly visible, easily legible and appropriately durable and lasting, including when the packaging is opened. In Denmark the material marking is optional under the packaging order, but packaging that carries it must use the abbreviations and number codes of annex 4 and meet the same visibility and durability conditions, and marking packaging in breach of that rule is a fineable offence. It continues to apply until 30 months from the entry into force of the labelling implementing act under Article 12(6) of Regulation (EU) 2025/40, which the Commission had to adopt by 12 August 2026 and which was still unadopted on 17 September 2026, when the Commission's implementation page and the industry tracker of the secondary legislation both recorded it as delayed in preparation, so no end date is fixed yet. Check this date before relying on it. Everything else about this packaging, from substances of concern and the heavy-metal limit to recyclability, minimisation, labelling, the technical documentation and the EU declaration of conformity, now comes from Regulation (EU) 2025/40.", "source": "https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:01994L0062-20180704 · Art. 8(2) and (3); https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32025R0040 · Art. 12(1), Art. 12(6), Art. 15 and Art. 70(1), point (a); https://green-forum.ec.europa.eu/packaging-and-packaging-waste-regulation-implementation_en; https://www.retsinformation.dk/eli/lta/2025/1146 · § 18 and § 120" }, { "categories": [ "*" ], "roles": [ "*" ], "size": "any", "result": "depends", "note": "Whether anything in the directive still reaches you turns on three questions: whether the item is packaging under the Article 3(1) criteria and the Annex I examples, whether the duty you are looking at is one of the four groups of provisions that survived the repeal of 12 August 2026, and what your national law says, since the directive only ever bound companies through it. For everything else, read Regulation (EU) 2025/40 and the guide to it.", "source": "https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:01994L0062-20180704 · Art. 3(1), Art. 9 and Art. 22; https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32025R0040 · Art. 70(1) and Art. 71" } ] }, "obligations": { "manufacturer": [ { "text": "Keep applying the material identification marking. Article 8(2) and (3) survived the repeal: packaging shall indicate, for identification and classification by the industry concerned, the nature of the packaging materials used on the basis of Commission Decision 97/129/EC, on the packaging itself or on a label, clearly visible, easily legible and durable and lasting, including after the packaging is opened. The provision runs until 30 months from the entry into force of the labelling implementing act under Article 12(6) of Regulation (EU) 2025/40, which the Commission had to adopt by 12 August 2026 and which was still unadopted on 17 September 2026, when the Commission's implementation page and the industry tracker of the secondary legislation both recorded it as delayed in preparation, so no end date is fixed yet. Check this date before relying on it.", "id": "ppwd-mfr-keep-applying-material", "kind": "mark", "level": "product", "timing": "before-market", "source": "https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:01994L0062-20180704 · Art. 8(2) and (3); https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32025R0040 · Art. 70(1), point (a), and Art. 12(6)" }, { "text": "Keep minimising packaging volume and weight. Article 9(1) and (2) continue to apply, but only for the first indent of point 1 of Annex II, the requirement that packaging be so manufactured that its volume and weight are limited to the minimum adequate amount to maintain the necessary level of safety, hygiene and acceptance for the packed product and for the consumer; conformity with the relevant harmonised standards published in the Official Journal still gives the presumption of compliance. That bridge ends on 31 December 2029, when Article 10(1) of Regulation (EU) 2025/40 takes over with its own minimisation duty and Annex IV performance criteria.", "id": "ppwd-mfr-keep-minimising-packaging", "kind": "evidence", "level": "product", "timing": "before-market", "source": "https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:01994L0062-20180704 · Art. 9(1) and (2) and Annex II, point 1; https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32025R0040 · Art. 70(1), point (b), and Art. 10(1)" }, { "text": "Read the rest of the Annex II essential requirements as the regulation's rules. The other requirements, that packaging be designed, produced and commercialised so as to permit its reuse or recovery including recycling and to minimise its environmental impact when disposed of, that noxious and hazardous substances in emissions, ash or leachate be minimised, the reusability conditions and the recoverability conditions for material recycling, energy recovery, composting and biodegradation, fell away on 12 August 2026 and are replaced by Articles 5 to 11 of Regulation (EU) 2025/40, whose compliance is shown in the technical documentation of its Annex VII and an EU declaration of conformity under its Article 15.", "id": "ppwd-mfr-read-rest-annex", "kind": "evidence", "level": "product", "timing": "before-market", "retired": "2026-09-24", "source": "https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:01994L0062-20180704 · Annex II, points 1 to 3; https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32025R0040 · Art. 70(1), Art. 5 to Art. 11 and Art. 15" }, { "text": "Keep the heavy metals down, but under the new legal basis. Article 11(1), which capped the sum of lead, cadmium, mercury and hexavalent chromium in packaging and packaging components at 600 ppm from 30 June 1998, 250 ppm from 30 June 1999 and 100 ppm from 30 June 2001, was repealed on 12 August 2026; Article 5(4) of Regulation (EU) 2025/40 sets the same sum at 100 mg/kg and is directly applicable. The two derogations, Commission Decision 2001/171/EC for glass packaging and Commission Decision 2009/292/EC for plastic crates and pallets in a closed and controlled chain, remain in force until repealed by delegated acts under Article 5(8) of the regulation.", "id": "ppwd-mfr-keep-heavy-metals", "kind": "evidence", "level": "product", "timing": "before-market", "source": "https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:01994L0062-20180704 · Art. 11(1) and (2); https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32025R0040 · Art. 5(4), Art. 5(8), Art. 70(1) and Art. 70(3)" }, { "text": "Hold the Danish composition file. Whoever manufactures or imports packaging must hold the information listed in annex 3 of the Danish packaging order, including the lists of materials, substances and components with their weight distribution and the lead, cadmium, mercury and hexavalent chromium content, keep it for five years and produce it, and documentation that the sum stays under the limit, on request from Miljøstyrelsen; Miljøstyrelsen can order an accredited laboratory investigation at your expense if it is not satisfied.", "id": "ppwd-mfr-hold-danish-composition", "kind": "standing", "level": "product", "timing": "ongoing", "sharedKey": "record-keeping-5y", "source": "https://www.retsinformation.dk/eli/lta/2025/1146 · § 13, § 14, § 16 and § 17" }, { "text": "Keep the Danish statistical records. Whoever exports or imports packaging must hold, for five years, the total annual number of packaging units produced, exported or imported and the materials used, and produce them on request; whoever puts reusable packaging into circulation must hold the number of units, the materials and substances used, their weight and a general description of the packaging for the same period.", "id": "ppwd-mfr-keep-danish-statistical", "kind": "standing", "level": "company", "timing": "ongoing", "sharedKey": "record-keeping-5y", "source": "https://www.retsinformation.dk/eli/lta/2025/1146 · § 19" }, { "text": "Stop relying on Article 12(6) for the data flow. The provision that obliged Member States to require all economic operators to give the competent authorities reliable data on their sector was not among the surviving provisions and fell away on 12 August 2026; the equivalent duty is now Article 56(8) of Regulation (EU) 2025/40, under which Member States require re-use system operators and all economic operators making packaging available to provide accurate and reliable data.", "id": "ppwd-mfr-stop-relying-article", "kind": "standing", "level": "company", "timing": "ongoing", "retired": "2026-09-24", "source": "https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:01994L0062-20180704 · Art. 12(6); https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32025R0040 · Art. 70(1) and Art. 56(8)" } ], "other": [ { "text": "Place only compliant packaging on the market. Article 9(1) allowed packaging on the market only if it complied with all the essential requirements defined by the directive including Annex II; in Denmark § 4 of the packaging order still says packaging may be marketed here only if it meets the essential requirements of its annex 2, and § 5(1) that it may be marketed only if the sum of lead, cadmium, mercury and hexavalent chromium stays at or below 100 ppm by weight, while § 5(2) still exempts packaging made entirely of lead crystal glass as defined in executive order nr. 122 of 6 March 1973 — an exemption that came from Article 11(2) of the directive and has no counterpart in Article 5(4) of Regulation (EU) 2025/40, which is directly applicable. Making packaging available in breach of § 4 or § 5(1) is a fineable offence.", "id": "ppwd-oth-place-compliant-packaging", "kind": "evidence", "level": "product", "timing": "before-market", "source": "https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:01994L0062-20180704 · Art. 9(1) and Annex II; https://www.retsinformation.dk/eli/lta/2025/1146 · § 4, § 5 and § 120" }, { "text": "Apply or omit the material code deliberately. Article 8(2) still requires packaging to indicate the nature of the materials used on the basis of Commission Decision 97/129/EC, but Denmark transposed it as an option: packaging marketed in Denmark may carry the marking, and if it does the marking must follow the abbreviations and number codes of annex 4 of the packaging order, sit on the packaging or on a label attached to it, be immediately visible and easily legible and be appropriately durable, including after opening.", "id": "ppwd-oth-apply-omit-material", "kind": "mark", "level": "product", "timing": "before-market", "source": "https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:01994L0062-20180704 · Art. 8(2) and (3); https://www.retsinformation.dk/eli/lta/2025/1146 · § 18" }, { "text": "Produce the compliance evidence on request. Anyone who markets packaging in Denmark must, at Miljøstyrelsen's request, produce documentation that it meets the essential requirements of annex 2, and must help obtain the composition information from the operator that holds it and pass it on; failing to do either is a fineable offence.", "id": "ppwd-oth-produce-compliance-evidence", "kind": "standing", "level": "company", "timing": "ongoing", "sharedKey": "authority-cooperation", "source": "https://www.retsinformation.dk/eli/lta/2025/1146 · § 13, § 15 and § 120" }, { "text": "Move the design work to the regulation. From 12 August 2026 the packaging you fill must meet Articles 5 to 12 of Regulation (EU) 2025/40 rather than the directive: minimised substances of concern and the PFAS limits for food-contact packaging, recyclability, recycled content, minimisation from 1 January 2030, the Annex V format restrictions and the harmonised labelling, all demonstrated in the Annex VII technical documentation and an EU declaration of conformity.", "id": "ppwd-oth-move-design-work", "kind": "evidence", "level": "product", "timing": "before-market", "retired": "2026-09-24", "source": "https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32025R0040 · Art. 4(1), Art. 5 to Art. 12, Art. 15 and Art. 71" }, { "text": "Register and report as a producer where you are the first to make packaging available. The directive required Member States to have extended producer responsibility schemes for all packaging by 31 December 2024; in Denmark that means registration in the producer register kept by Dansk Producentansvar at the latest 14 days before you start, and an annual report by 1 June of the quantities made available in the previous calendar year.", "id": "ppwd-oth-register-report-producer", "kind": "submission", "level": "company", "timing": "before-market", "retired": "2026-09-24", "source": "https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:01994L0062-20180704 · Art. 7(2); https://www.retsinformation.dk/eli/lta/2025/1146 · § 21 and § 27" }, { "text": "Where you are the first to make packaging available in Denmark, have yourself or your representative entered in the producer register kept by Dansk Producentansvar at the latest 14 days before you start.", "id": "ppwd-oth-register-producer-register", "kind": "submission", "level": "company", "timing": "before-market", "source": "https://www.retsinformation.dk/eli/lta/2025/1146 · § 21" }, { "text": "As a registered producer, report to Dansk Producentansvar by 1 June each year the quantities of packaging you made available in the previous calendar year.", "id": "ppwd-oth-report-quantities-june", "kind": "submission", "level": "company", "timing": "periodic", "source": "https://www.retsinformation.dk/eli/lta/2025/1146 · § 27" }, { "text": "Keep the carrier bag rules in view. Article 4(1a), added by Directive (EU) 2015/720, obliged Member States to achieve a sustained reduction in the consumption of lightweight plastic carrier bags, through national targets, economic instruments or marketing restrictions, with either no more than 90 bags per person by 31 December 2019 and 40 by 31 December 2025, or no free lightweight bags at the point of sale from 31 December 2018. It was repealed on 12 August 2026 and Article 34 of Regulation (EU) 2025/40 carries the 40 bags per capita objective forward, measured annually from 31 December 2025.", "id": "ppwd-oth-keep-carrier-bag", "kind": "standing", "level": "product-market", "timing": "ongoing", "retired": "2026-09-24", "source": "https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:01994L0062-20180704 · Art. 4(1a); https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32025R0040 · Art. 34(1) and Art. 70(1)" } ], "importer": [ { "text": "Treat imported packaging as your own compliance question. The directive covered all packaging placed on the market in the Union regardless of material, and Member States could not impede packaging that satisfied it; the return, collection and recovery systems had to apply to imported products on non-discriminatory terms, including the arrangements and any tariffs for access.", "id": "ppwd-imp-treat-imported-packaging", "kind": "evidence", "level": "product", "timing": "before-market", "retired": "2026-09-24", "source": "https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:01994L0062-20180704 · Art. 2(1), Art. 7(1) and Art. 18" }, { "text": "Hold the annex 3 composition information for five years and produce it, together with documentation that the sum of lead, cadmium, mercury and hexavalent chromium does not exceed the limit, whenever Miljøstyrelsen asks; the duty falls squarely on the operator that manufactures or imports the packaging.", "id": "ppwd-imp-hold-annex-composition", "kind": "standing", "level": "product", "timing": "ongoing", "sharedKey": "record-keeping-5y", "source": "https://www.retsinformation.dk/eli/lta/2025/1146 · § 14" }, { "text": "Keep the import and export statistics. An operator that exports or imports packaging must hold the total annual number of packaging units and the materials used for five years and produce them at Miljøstyrelsen's request.", "id": "ppwd-imp-keep-import-export", "kind": "standing", "level": "company", "timing": "ongoing", "sharedKey": "record-keeping-5y", "source": "https://www.retsinformation.dk/eli/lta/2025/1146 · § 19" }, { "text": "Check the material marking before the goods ship. Article 8(2) and (3) still apply, so packaging that carries the identification marking must use the Decision 97/129/EC codes and the visibility and durability conditions; in Denmark the marking is optional but a wrong marking is a fineable offence.", "id": "ppwd-imp-check-material-marking", "kind": "verification", "level": "product", "timing": "before-market", "source": "https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:01994L0062-20180704 · Art. 8(2) and (3); https://www.retsinformation.dk/eli/lta/2025/1146 · § 18 and § 120" }, { "text": "Register as a producer if you are the first to make the packaging available in Denmark, and report the quantities by 1 June each year in kilograms per material category, split into household and business packaging and into single-use and reusable packaging; producers under 8 tonnes a year may report only the total weight split into household and business packaging.", "id": "ppwd-imp-register-producer-first", "kind": "submission", "level": "company", "timing": "before-market", "retired": "2026-09-24", "source": "https://www.retsinformation.dk/eli/lta/2025/1146 · § 21 and § 27" }, { "text": "If you are the first to make the packaging available in Denmark, register as a producer in the producer register kept by Dansk Producentansvar before you start.", "id": "ppwd-imp-register-producer-register", "kind": "submission", "level": "company", "timing": "before-market", "source": "https://www.retsinformation.dk/eli/lta/2025/1146 · § 21" }, { "text": "Report the quantities by 1 June each year in kilograms per material category, split into household and business packaging and into single-use and reusable packaging; producers under 8 tonnes a year may report only the total weight split into household and business packaging.", "id": "ppwd-imp-report-quantities-june", "kind": "submission", "level": "company", "timing": "periodic", "source": "https://www.retsinformation.dk/eli/lta/2025/1146 · § 27" }, { "text": "Switch the substantive checks to the regulation. From 12 August 2026 packaging may be placed on the market only if it complies with Regulation (EU) 2025/40, and an importer that 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, carries the manufacturer's obligations under its Article 15.", "id": "ppwd-imp-switch-substantive-checks", "kind": "decision", "level": "product", "timing": "before-market", "retired": "2026-09-24", "source": "https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32025R0040 · Art. 4(1), Art. 15 and Art. 21" }, { "text": "From 12 August 2026 place packaging on the market only if it complies with Regulation (EU) 2025/40.", "id": "ppwd-imp-place-compliant-regulation", "kind": "verification", "level": "product", "timing": "before-market", "source": "https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32025R0040 · Art. 4(1)" }, { "text": "If you place packaging on the market under your own name or trademark, or modify packaging already placed on the market in a way that could affect compliance, you carry the manufacturer's obligations under Article 15 of Regulation (EU) 2025/40.", "id": "ppwd-imp-own-name-manufacturer-obligations", "kind": "status", "level": "product", "timing": "before-market", "source": "https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32025R0040 · Art. 15 and Art. 21" } ], "distributor": [ { "text": "Do not block compliant packaging and do not create parallel rules. Member States could not impede the placing on the market of packaging that satisfied the directive, and the return, collection and recovery systems had to be open to the economic operators of the sectors concerned and designed to avoid barriers to trade or distortions of competition.", "id": "ppwd-dist-block-compliant-packaging", "kind": "standing", "level": "company", "timing": "ongoing", "retired": "2026-09-24", "source": "https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:01994L0062-20180704 · Art. 7(1) and Art. 18" }, { "text": "Charge the Danish minimum price for carrier bags. Points of sale that hand out carrier bags with a handle made of material other than plastic, or plastic carrier bags with or without a handle with a wall thickness above 30 microns, must charge a minimum price of DKK 4 per bag; failing to do so is a fineable offence.", "id": "ppwd-dist-charge-danish-minimum", "kind": "standing", "level": "product-market", "timing": "ongoing", "source": "https://www.retsinformation.dk/eli/lta/2025/1146 · § 12 and § 120" }, { "text": "Produce documentation on request. Anyone who markets packaging in Denmark must produce documentation at Miljøstyrelsen's request that it meets the essential requirements, and must help obtain and pass on the composition information held further up the chain.", "id": "ppwd-dist-produce-documentation-request", "kind": "standing", "level": "company", "timing": "ongoing", "sharedKey": "authority-cooperation", "source": "https://www.retsinformation.dk/eli/lta/2025/1146 · § 13 and § 15" }, { "text": "Keep the material marking correct on what you resell. Article 8(2) and (3) survive the repeal, and packaging that carries the identification marking must use the Decision 97/129/EC codes, sit on the packaging or its label and stay visible, legible and durable after opening.", "id": "ppwd-dist-keep-material-marking", "kind": "verification", "level": "product", "timing": "before-market", "source": "https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:01994L0062-20180704 · Art. 8(2) and (3); https://www.retsinformation.dk/eli/lta/2025/1146 · § 18" }, { "text": "Expect the regulation's distributor duties from 12 August 2026: verify that the packaging carries the required labelling and identification and is accompanied by the required documents, do not make non-compliant packaging available, and cooperate with the national authority on corrective action under Articles 5 to 12 of Regulation (EU) 2025/40.", "id": "ppwd-dist-expect-regulations-distributor", "kind": "verification", "level": "product", "timing": "before-market", "retired": "2026-09-24", "source": "https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32025R0040 · Art. 19 and Art. 21" }, { "text": "From 12 August 2026, before making packaging available, verify that it carries the required labelling and identification and is accompanied by the required documents.", "id": "ppwd-dist-verify-labelling-documents", "kind": "verification", "level": "product", "timing": "before-market", "source": "https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32025R0040 · Art. 19" }, { "text": "Do not make packaging available where you consider or have reason to believe that it does not comply with Articles 5 to 12 of Regulation (EU) 2025/40.", "id": "ppwd-dist-withhold-non-compliant-packaging", "kind": "decision", "level": "product", "timing": "on-event", "source": "https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32025R0040 · Art. 19" }, { "text": "Cooperate with the national authority on any corrective action concerning packaging you made available.", "id": "ppwd-dist-cooperate-national-authority", "kind": "standing", "level": "company", "timing": "ongoing", "sharedKey": "authority-cooperation", "source": "https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32025R0040 · Art. 19" } ], "producer": [ { "text": "Register before you start. The directive obliged Member States to run extended producer responsibility schemes for all packaging by 31 December 2024 in accordance with Articles 8 and 8a of Directive 2008/98/EC; in Denmark a producer that makes packaging available must have itself or its representative entered in the producer register kept by Dansk Producentansvar at the latest 14 days before it begins, and producers of reusable packaging had to be registered by 1 February 2025.", "id": "ppwd-prod-register-start-directive", "kind": "submission", "level": "company", "timing": "before-market", "source": "https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:01994L0062-20180704 · Art. 7(2); https://www.retsinformation.dk/eli/lta/2025/1146 · § 20, § 21 and § 22" }, { "text": "Report every year by 1 June. Report to Dansk Producentansvar the quantity of packaging made available in the previous calendar year, in kilograms, split by the material categories of annex 6, marked as household or business packaging, split between single-use and reusable packaging and flagged where the packaging must be sorted as hazardous or residual waste; composite packaging that cannot easily be separated is reported under its main material, and producers below 8 tonnes a year may report only the total weight split into household and business packaging.", "id": "ppwd-prod-report-year-june", "kind": "submission", "level": "company", "timing": "periodic", "source": "https://www.retsinformation.dk/eli/lta/2025/1146 · § 27" }, { "text": "Keep the registration current and run the self-checks. Register changes to the registered information and the cessation of your producer status, join a collective scheme, and carry out the self-control the packaging order requires; omissions and false or misleading information are fineable offences.", "id": "ppwd-prod-keep-registration-current", "kind": "submission", "level": "company", "timing": "on-event", "retired": "2026-09-24", "source": "https://www.retsinformation.dk/eli/lta/2025/1146 · § 24, § 25, § 80, § 90, § 91 and § 120" }, { "text": "Register every change to your registered producer information, and the cessation of your producer status, with the producer register.", "id": "ppwd-prod-register-changes-cessation", "kind": "submission", "level": "company", "timing": "on-event", "source": "https://www.retsinformation.dk/eli/lta/2025/1146 · § 24 and § 25" }, { "text": "Join a collective scheme as the packaging order requires for your producer responsibility.", "id": "ppwd-prod-join-collective-scheme", "kind": "standing", "level": "company", "timing": "ongoing", "source": "https://www.retsinformation.dk/eli/lta/2025/1146 · § 80" }, { "text": "Carry out the self-control the packaging order requires; omissions and false or misleading information are fineable offences.", "id": "ppwd-prod-run-self-control", "kind": "procedure", "level": "company", "timing": "ongoing", "source": "https://www.retsinformation.dk/eli/lta/2025/1146 · § 90, § 91 and § 120" }, { "text": "Know which reporting rules still come from the directive. Article 12(3a), (3b), (3c) and (4) continue to apply until 31 December 2028, and until 31 December 2029 for the transmission of data to the Commission, so Member States keep reporting the implementation of Article 6(1) points (a) to (i) and the data on reusable packaging electronically within 18 months of the end of the reporting year, with a quality check report. These are Member State duties; your own duties come from national law.", "id": "ppwd-prod-know-reporting-rules", "kind": "standing", "level": "company", "timing": "ongoing", "retired": "2026-09-24", "source": "https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:01994L0062-20180704 · Art. 12(3a) to (4); https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32025R0040 · Art. 70(1), point (d)" }, { "text": "Watch the handover of the targets. Article 6(1) points (d) and (e), the 2008 targets, Article 6a, the rules on calculating attainment, and Article 5(2) and (3), the adjustments for reusable sales packaging and repaired wooden packaging, continue to apply until 31 December 2028; the 2025 and 2030 recycling targets themselves moved to Article 52 of Regulation (EU) 2025/40 on 12 August 2026, with the calculation rules in its Article 53.", "id": "ppwd-prod-watch-handover-targets", "kind": "standing", "level": "company", "timing": "ongoing", "retired": "2026-09-24", "source": "https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:01994L0062-20180704 · Art. 5(2) and (3), Art. 6(1) and Art. 6a; https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32025R0040 · Art. 52, Art. 53 and Art. 70(1), point (c)" }, { "text": "Prepare for the regulation's reporting regime. Under Article 56 of Regulation (EU) 2025/40 Member States report the implementation of the recycling targets, the data on reusable packaging, the per-capita consumption of the four carrier bag classes and the separate collection rates, electronically within 19 months of the end of the reporting year; the first reporting year is the second full calendar year after the reporting-format implementing act, which the Commission must adopt by 12 February 2027, and Member States must require operators to supply the data.", "id": "ppwd-prod-prepare-regulations-reporting", "kind": "submission", "level": "company", "timing": "ongoing", "retired": "2026-09-24", "source": "https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32025R0040 · Art. 56(1) to (4), Art. 56(7) and Art. 56(8)" } ] }, "requirements": [ { "id": "ppwd-mfr-keep-applying-material", "role": "manufacturer", "kind": "mark", "level": "product", "timing": "before-market", "text": "Keep applying the material identification marking. Article 8(2) and (3) survived the repeal: packaging shall indicate, for identification and classification by the industry concerned, the nature of the packaging materials used on the basis of Commission Decision 97/129/EC, on the packaging itself or on a label, clearly visible, easily legible and durable and lasting, including after the packaging is opened. The provision runs until 30 months from the entry into force of the labelling implementing act under Article 12(6) of Regulation (EU) 2025/40, which the Commission had to adopt by 12 August 2026 and which was still unadopted on 17 September 2026, when the Commission's implementation page and the industry tracker of the secondary legislation both recorded it as delayed in preparation, so no end date is fixed yet. Check this date before relying on it.", "article": "Art. 8(2) and (3); https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32025R0040 · Art. 70(1), point (a), and Art. 12(6)", "sourceUrl": "https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:01994L0062-20180704" }, { "id": "ppwd-mfr-keep-minimising-packaging", "role": "manufacturer", "kind": "evidence", "level": "product", "timing": "before-market", "text": "Keep minimising packaging volume and weight. Article 9(1) and (2) continue to apply, but only for the first indent of point 1 of Annex II, the requirement that packaging be so manufactured that its volume and weight are limited to the minimum adequate amount to maintain the necessary level of safety, hygiene and acceptance for the packed product and for the consumer; conformity with the relevant harmonised standards published in the Official Journal still gives the presumption of compliance. That bridge ends on 31 December 2029, when Article 10(1) of Regulation (EU) 2025/40 takes over with its own minimisation duty and Annex IV performance criteria.", "article": "Art. 9(1) and (2) and Annex II, point 1; https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32025R0040 · Art. 70(1), point (b), and Art. 10(1)", "sourceUrl": "https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:01994L0062-20180704" }, { "id": "ppwd-mfr-read-rest-annex", "role": "manufacturer", "kind": "evidence", "level": "product", "timing": "before-market", "retired": "2026-09-24", "text": "Read the rest of the Annex II essential requirements as the regulation's rules. The other requirements, that packaging be designed, produced and commercialised so as to permit its reuse or recovery including recycling and to minimise its environmental impact when disposed of, that noxious and hazardous substances in emissions, ash or leachate be minimised, the reusability conditions and the recoverability conditions for material recycling, energy recovery, composting and biodegradation, fell away on 12 August 2026 and are replaced by Articles 5 to 11 of Regulation (EU) 2025/40, whose compliance is shown in the technical documentation of its Annex VII and an EU declaration of conformity under its Article 15.", "article": "Annex II, points 1 to 3; https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32025R0040 · Art. 70(1), Art. 5 to Art. 11 and Art. 15", "sourceUrl": "https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:01994L0062-20180704" }, { "id": "ppwd-mfr-keep-heavy-metals", "role": "manufacturer", "kind": "evidence", "level": "product", "timing": "before-market", "text": "Keep the heavy metals down, but under the new legal basis. Article 11(1), which capped the sum of lead, cadmium, mercury and hexavalent chromium in packaging and packaging components at 600 ppm from 30 June 1998, 250 ppm from 30 June 1999 and 100 ppm from 30 June 2001, was repealed on 12 August 2026; Article 5(4) of Regulation (EU) 2025/40 sets the same sum at 100 mg/kg and is directly applicable. The two derogations, Commission Decision 2001/171/EC for glass packaging and Commission Decision 2009/292/EC for plastic crates and pallets in a closed and controlled chain, remain in force until repealed by delegated acts under Article 5(8) of the regulation.", "article": "Art. 11(1) and (2); https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32025R0040 · Art. 5(4), Art. 5(8), Art. 70(1) and Art. 70(3)", "sourceUrl": "https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:01994L0062-20180704" }, { "id": "ppwd-mfr-hold-danish-composition", "role": "manufacturer", "kind": "standing", "level": "product", "timing": "ongoing", "sharedKey": "record-keeping-5y", "text": "Hold the Danish composition file. Whoever manufactures or imports packaging must hold the information listed in annex 3 of the Danish packaging order, including the lists of materials, substances and components with their weight distribution and the lead, cadmium, mercury and hexavalent chromium content, keep it for five years and produce it, and documentation that the sum stays under the limit, on request from Miljøstyrelsen; Miljøstyrelsen can order an accredited laboratory investigation at your expense if it is not satisfied.", "article": "§ 13, § 14, § 16 and § 17", "sourceUrl": "https://www.retsinformation.dk/eli/lta/2025/1146" }, { "id": "ppwd-mfr-keep-danish-statistical", "role": "manufacturer", "kind": "standing", "level": "company", "timing": "ongoing", "sharedKey": "record-keeping-5y", "text": "Keep the Danish statistical records. Whoever exports or imports packaging must hold, for five years, the total annual number of packaging units produced, exported or imported and the materials used, and produce them on request; whoever puts reusable packaging into circulation must hold the number of units, the materials and substances used, their weight and a general description of the packaging for the same period.", "article": "§ 19", "sourceUrl": "https://www.retsinformation.dk/eli/lta/2025/1146" }, { "id": "ppwd-mfr-stop-relying-article", "role": "manufacturer", "kind": "standing", "level": "company", "timing": "ongoing", "retired": "2026-09-24", "text": "Stop relying on Article 12(6) for the data flow. The provision that obliged Member States to require all economic operators to give the competent authorities reliable data on their sector was not among the surviving provisions and fell away on 12 August 2026; the equivalent duty is now Article 56(8) of Regulation (EU) 2025/40, under which Member States require re-use system operators and all economic operators making packaging available to provide accurate and reliable data.", "article": "Art. 12(6); https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32025R0040 · Art. 70(1) and Art. 56(8)", "sourceUrl": "https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:01994L0062-20180704" }, { "id": "ppwd-oth-place-compliant-packaging", "role": "other", "kind": "evidence", "level": "product", "timing": "before-market", "text": "Place only compliant packaging on the market. Article 9(1) allowed packaging on the market only if it complied with all the essential requirements defined by the directive including Annex II; in Denmark § 4 of the packaging order still says packaging may be marketed here only if it meets the essential requirements of its annex 2, and § 5(1) that it may be marketed only if the sum of lead, cadmium, mercury and hexavalent chromium stays at or below 100 ppm by weight, while § 5(2) still exempts packaging made entirely of lead crystal glass as defined in executive order nr. 122 of 6 March 1973 — an exemption that came from Article 11(2) of the directive and has no counterpart in Article 5(4) of Regulation (EU) 2025/40, which is directly applicable. Making packaging available in breach of § 4 or § 5(1) is a fineable offence.", "article": "Art. 9(1) and Annex II; https://www.retsinformation.dk/eli/lta/2025/1146 · § 4, § 5 and § 120", "sourceUrl": "https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:01994L0062-20180704" }, { "id": "ppwd-oth-apply-omit-material", "role": "other", "kind": "mark", "level": "product", "timing": "before-market", "text": "Apply or omit the material code deliberately. Article 8(2) still requires packaging to indicate the nature of the materials used on the basis of Commission Decision 97/129/EC, but Denmark transposed it as an option: packaging marketed in Denmark may carry the marking, and if it does the marking must follow the abbreviations and number codes of annex 4 of the packaging order, sit on the packaging or on a label attached to it, be immediately visible and easily legible and be appropriately durable, including after opening.", "article": "Art. 8(2) and (3); https://www.retsinformation.dk/eli/lta/2025/1146 · § 18", "sourceUrl": "https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:01994L0062-20180704" }, { "id": "ppwd-oth-produce-compliance-evidence", "role": "other", "kind": "standing", "level": "company", "timing": "ongoing", "sharedKey": "authority-cooperation", "text": "Produce the compliance evidence on request. Anyone who markets packaging in Denmark must, at Miljøstyrelsen's request, produce documentation that it meets the essential requirements of annex 2, and must help obtain the composition information from the operator that holds it and pass it on; failing to do either is a fineable offence.", "article": "§ 13, § 15 and § 120", "sourceUrl": "https://www.retsinformation.dk/eli/lta/2025/1146" }, { "id": "ppwd-oth-move-design-work", "role": "other", "kind": "evidence", "level": "product", "timing": "before-market", "retired": "2026-09-24", "text": "Move the design work to the regulation. From 12 August 2026 the packaging you fill must meet Articles 5 to 12 of Regulation (EU) 2025/40 rather than the directive: minimised substances of concern and the PFAS limits for food-contact packaging, recyclability, recycled content, minimisation from 1 January 2030, the Annex V format restrictions and the harmonised labelling, all demonstrated in the Annex VII technical documentation and an EU declaration of conformity.", "article": "Art. 4(1), Art. 5 to Art. 12, Art. 15 and Art. 71", "sourceUrl": "https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32025R0040" }, { "id": "ppwd-oth-register-report-producer", "role": "other", "kind": "submission", "level": "company", "timing": "before-market", "retired": "2026-09-24", "text": "Register and report as a producer where you are the first to make packaging available. The directive required Member States to have extended producer responsibility schemes for all packaging by 31 December 2024; in Denmark that means registration in the producer register kept by Dansk Producentansvar at the latest 14 days before you start, and an annual report by 1 June of the quantities made available in the previous calendar year.", "article": "Art. 7(2); https://www.retsinformation.dk/eli/lta/2025/1146 · § 21 and § 27", "sourceUrl": "https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:01994L0062-20180704" }, { "id": "ppwd-oth-register-producer-register", "role": "other", "kind": "submission", "level": "company", "timing": "before-market", "text": "Where you are the first to make packaging available in Denmark, have yourself or your representative entered in the producer register kept by Dansk Producentansvar at the latest 14 days before you start.", "article": "§ 21", "sourceUrl": "https://www.retsinformation.dk/eli/lta/2025/1146" }, { "id": "ppwd-oth-report-quantities-june", "role": "other", "kind": "submission", "level": "company", "timing": "periodic", "text": "As a registered producer, report to Dansk Producentansvar by 1 June each year the quantities of packaging you made available in the previous calendar year.", "article": "§ 27", "sourceUrl": "https://www.retsinformation.dk/eli/lta/2025/1146" }, { "id": "ppwd-oth-keep-carrier-bag", "role": "other", "kind": "standing", "level": "product-market", "timing": "ongoing", "retired": "2026-09-24", "text": "Keep the carrier bag rules in view. Article 4(1a), added by Directive (EU) 2015/720, obliged Member States to achieve a sustained reduction in the consumption of lightweight plastic carrier bags, through national targets, economic instruments or marketing restrictions, with either no more than 90 bags per person by 31 December 2019 and 40 by 31 December 2025, or no free lightweight bags at the point of sale from 31 December 2018. It was repealed on 12 August 2026 and Article 34 of Regulation (EU) 2025/40 carries the 40 bags per capita objective forward, measured annually from 31 December 2025.", "article": "Art. 4(1a); https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32025R0040 · Art. 34(1) and Art. 70(1)", "sourceUrl": "https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:01994L0062-20180704" }, { "id": "ppwd-imp-treat-imported-packaging", "role": "importer", "kind": "evidence", "level": "product", "timing": "before-market", "retired": "2026-09-24", "text": "Treat imported packaging as your own compliance question. The directive covered all packaging placed on the market in the Union regardless of material, and Member States could not impede packaging that satisfied it; the return, collection and recovery systems had to apply to imported products on non-discriminatory terms, including the arrangements and any tariffs for access.", "article": "Art. 2(1), Art. 7(1) and Art. 18", "sourceUrl": "https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:01994L0062-20180704" }, { "id": "ppwd-imp-hold-annex-composition", "role": "importer", "kind": "standing", "level": "product", "timing": "ongoing", "sharedKey": "record-keeping-5y", "text": "Hold the annex 3 composition information for five years and produce it, together with documentation that the sum of lead, cadmium, mercury and hexavalent chromium does not exceed the limit, whenever Miljøstyrelsen asks; the duty falls squarely on the operator that manufactures or imports the packaging.", "article": "§ 14", "sourceUrl": "https://www.retsinformation.dk/eli/lta/2025/1146" }, { "id": "ppwd-imp-keep-import-export", "role": "importer", "kind": "standing", "level": "company", "timing": "ongoing", "sharedKey": "record-keeping-5y", "text": "Keep the import and export statistics. An operator that exports or imports packaging must hold the total annual number of packaging units and the materials used for five years and produce them at Miljøstyrelsen's request.", "article": "§ 19", "sourceUrl": "https://www.retsinformation.dk/eli/lta/2025/1146" }, { "id": "ppwd-imp-check-material-marking", "role": "importer", "kind": "verification", "level": "product", "timing": "before-market", "text": "Check the material marking before the goods ship. Article 8(2) and (3) still apply, so packaging that carries the identification marking must use the Decision 97/129/EC codes and the visibility and durability conditions; in Denmark the marking is optional but a wrong marking is a fineable offence.", "article": "Art. 8(2) and (3); https://www.retsinformation.dk/eli/lta/2025/1146 · § 18 and § 120", "sourceUrl": "https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:01994L0062-20180704" }, { "id": "ppwd-imp-register-producer-first", "role": "importer", "kind": "submission", "level": "company", "timing": "before-market", "retired": "2026-09-24", "text": "Register as a producer if you are the first to make the packaging available in Denmark, and report the quantities by 1 June each year in kilograms per material category, split into household and business packaging and into single-use and reusable packaging; producers under 8 tonnes a year may report only the total weight split into household and business packaging.", "article": "§ 21 and § 27", "sourceUrl": "https://www.retsinformation.dk/eli/lta/2025/1146" }, { "id": "ppwd-imp-register-producer-register", "role": "importer", "kind": "submission", "level": "company", "timing": "before-market", "text": "If you are the first to make the packaging available in Denmark, register as a producer in the producer register kept by Dansk Producentansvar before you start.", "article": "§ 21", "sourceUrl": "https://www.retsinformation.dk/eli/lta/2025/1146" }, { "id": "ppwd-imp-report-quantities-june", "role": "importer", "kind": "submission", "level": "company", "timing": "periodic", "text": "Report the quantities by 1 June each year in kilograms per material category, split into household and business packaging and into single-use and reusable packaging; producers under 8 tonnes a year may report only the total weight split into household and business packaging.", "article": "§ 27", "sourceUrl": "https://www.retsinformation.dk/eli/lta/2025/1146" }, { "id": "ppwd-imp-switch-substantive-checks", "role": "importer", "kind": "decision", "level": "product", "timing": "before-market", "retired": "2026-09-24", "text": "Switch the substantive checks to the regulation. From 12 August 2026 packaging may be placed on the market only if it complies with Regulation (EU) 2025/40, and an importer that 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, carries the manufacturer's obligations under its Article 15.", "article": "Art. 4(1), Art. 15 and Art. 21", "sourceUrl": "https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32025R0040" }, { "id": "ppwd-imp-place-compliant-regulation", "role": "importer", "kind": "verification", "level": "product", "timing": "before-market", "text": "From 12 August 2026 place packaging on the market only if it complies with Regulation (EU) 2025/40.", "article": "Art. 4(1)", "sourceUrl": "https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32025R0040" }, { "id": "ppwd-imp-own-name-manufacturer-obligations", "role": "importer", "kind": "status", "level": "product", "timing": "before-market", "text": "If you place packaging on the market under your own name or trademark, or modify packaging already placed on the market in a way that could affect compliance, you carry the manufacturer's obligations under Article 15 of Regulation (EU) 2025/40.", "article": "Art. 15 and Art. 21", "sourceUrl": "https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32025R0040" }, { "id": "ppwd-dist-block-compliant-packaging", "role": "distributor", "kind": "standing", "level": "company", "timing": "ongoing", "retired": "2026-09-24", "text": "Do not block compliant packaging and do not create parallel rules. Member States could not impede the placing on the market of packaging that satisfied the directive, and the return, collection and recovery systems had to be open to the economic operators of the sectors concerned and designed to avoid barriers to trade or distortions of competition.", "article": "Art. 7(1) and Art. 18", "sourceUrl": "https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:01994L0062-20180704" }, { "id": "ppwd-dist-charge-danish-minimum", "role": "distributor", "kind": "standing", "level": "product-market", "timing": "ongoing", "text": "Charge the Danish minimum price for carrier bags. Points of sale that hand out carrier bags with a handle made of material other than plastic, or plastic carrier bags with or without a handle with a wall thickness above 30 microns, must charge a minimum price of DKK 4 per bag; failing to do so is a fineable offence.", "article": "§ 12 and § 120", "sourceUrl": "https://www.retsinformation.dk/eli/lta/2025/1146" }, { "id": "ppwd-dist-produce-documentation-request", "role": "distributor", "kind": "standing", "level": "company", "timing": "ongoing", "sharedKey": "authority-cooperation", "text": "Produce documentation on request. Anyone who markets packaging in Denmark must produce documentation at Miljøstyrelsen's request that it meets the essential requirements, and must help obtain and pass on the composition information held further up the chain.", "article": "§ 13 and § 15", "sourceUrl": "https://www.retsinformation.dk/eli/lta/2025/1146" }, { "id": "ppwd-dist-keep-material-marking", "role": "distributor", "kind": "verification", "level": "product", "timing": "before-market", "text": "Keep the material marking correct on what you resell. Article 8(2) and (3) survive the repeal, and packaging that carries the identification marking must use the Decision 97/129/EC codes, sit on the packaging or its label and stay visible, legible and durable after opening.", "article": "Art. 8(2) and (3); https://www.retsinformation.dk/eli/lta/2025/1146 · § 18", "sourceUrl": "https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:01994L0062-20180704" }, { "id": "ppwd-dist-expect-regulations-distributor", "role": "distributor", "kind": "verification", "level": "product", "timing": "before-market", "retired": "2026-09-24", "text": "Expect the regulation's distributor duties from 12 August 2026: verify that the packaging carries the required labelling and identification and is accompanied by the required documents, do not make non-compliant packaging available, and cooperate with the national authority on corrective action under Articles 5 to 12 of Regulation (EU) 2025/40.", "article": "Art. 19 and Art. 21", "sourceUrl": "https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32025R0040" }, { "id": "ppwd-dist-verify-labelling-documents", "role": "distributor", "kind": "verification", "level": "product", "timing": "before-market", "text": "From 12 August 2026, before making packaging available, verify that it carries the required labelling and identification and is accompanied by the required documents.", "article": "Art. 19", "sourceUrl": "https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32025R0040" }, { "id": "ppwd-dist-withhold-non-compliant-packaging", "role": "distributor", "kind": "decision", "level": "product", "timing": "on-event", "text": "Do not make packaging available where you consider or have reason to believe that it does not comply with Articles 5 to 12 of Regulation (EU) 2025/40.", "article": "Art. 19", "sourceUrl": "https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32025R0040" }, { "id": "ppwd-dist-cooperate-national-authority", "role": "distributor", "kind": "standing", "level": "company", "timing": "ongoing", "sharedKey": "authority-cooperation", "text": "Cooperate with the national authority on any corrective action concerning packaging you made available.", "article": "Art. 19", "sourceUrl": "https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32025R0040" }, { "id": "ppwd-prod-register-start-directive", "role": "producer", "kind": "submission", "level": "company", "timing": "before-market", "text": "Register before you start. The directive obliged Member States to run extended producer responsibility schemes for all packaging by 31 December 2024 in accordance with Articles 8 and 8a of Directive 2008/98/EC; in Denmark a producer that makes packaging available must have itself or its representative entered in the producer register kept by Dansk Producentansvar at the latest 14 days before it begins, and producers of reusable packaging had to be registered by 1 February 2025.", "article": "Art. 7(2); https://www.retsinformation.dk/eli/lta/2025/1146 · § 20, § 21 and § 22", "sourceUrl": "https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:01994L0062-20180704" }, { "id": "ppwd-prod-report-year-june", "role": "producer", "kind": "submission", "level": "company", "timing": "periodic", "text": "Report every year by 1 June. Report to Dansk Producentansvar the quantity of packaging made available in the previous calendar year, in kilograms, split by the material categories of annex 6, marked as household or business packaging, split between single-use and reusable packaging and flagged where the packaging must be sorted as hazardous or residual waste; composite packaging that cannot easily be separated is reported under its main material, and producers below 8 tonnes a year may report only the total weight split into household and business packaging.", "article": "§ 27", "sourceUrl": "https://www.retsinformation.dk/eli/lta/2025/1146" }, { "id": "ppwd-prod-keep-registration-current", "role": "producer", "kind": "submission", "level": "company", "timing": "on-event", "retired": "2026-09-24", "text": "Keep the registration current and run the self-checks. Register changes to the registered information and the cessation of your producer status, join a collective scheme, and carry out the self-control the packaging order requires; omissions and false or misleading information are fineable offences.", "article": "§ 24, § 25, § 80, § 90, § 91 and § 120", "sourceUrl": "https://www.retsinformation.dk/eli/lta/2025/1146" }, { "id": "ppwd-prod-register-changes-cessation", "role": "producer", "kind": "submission", "level": "company", "timing": "on-event", "text": "Register every change to your registered producer information, and the cessation of your producer status, with the producer register.", "article": "§ 24 and § 25", "sourceUrl": "https://www.retsinformation.dk/eli/lta/2025/1146" }, { "id": "ppwd-prod-join-collective-scheme", "role": "producer", "kind": "standing", "level": "company", "timing": "ongoing", "text": "Join a collective scheme as the packaging order requires for your producer responsibility.", "article": "§ 80", "sourceUrl": "https://www.retsinformation.dk/eli/lta/2025/1146" }, { "id": "ppwd-prod-run-self-control", "role": "producer", "kind": "procedure", "level": "company", "timing": "ongoing", "text": "Carry out the self-control the packaging order requires; omissions and false or misleading information are fineable offences.", "article": "§ 90, § 91 and § 120", "sourceUrl": "https://www.retsinformation.dk/eli/lta/2025/1146" }, { "id": "ppwd-prod-know-reporting-rules", "role": "producer", "kind": "standing", "level": "company", "timing": "ongoing", "retired": "2026-09-24", "text": "Know which reporting rules still come from the directive. Article 12(3a), (3b), (3c) and (4) continue to apply until 31 December 2028, and until 31 December 2029 for the transmission of data to the Commission, so Member States keep reporting the implementation of Article 6(1) points (a) to (i) and the data on reusable packaging electronically within 18 months of the end of the reporting year, with a quality check report. These are Member State duties; your own duties come from national law.", "article": "Art. 12(3a) to (4); https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32025R0040 · Art. 70(1), point (d)", "sourceUrl": "https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:01994L0062-20180704" }, { "id": "ppwd-prod-watch-handover-targets", "role": "producer", "kind": "standing", "level": "company", "timing": "ongoing", "retired": "2026-09-24", "text": "Watch the handover of the targets. Article 6(1) points (d) and (e), the 2008 targets, Article 6a, the rules on calculating attainment, and Article 5(2) and (3), the adjustments for reusable sales packaging and repaired wooden packaging, continue to apply until 31 December 2028; the 2025 and 2030 recycling targets themselves moved to Article 52 of Regulation (EU) 2025/40 on 12 August 2026, with the calculation rules in its Article 53.", "article": "Art. 5(2) and (3), Art. 6(1) and Art. 6a; https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32025R0040 · Art. 52, Art. 53 and Art. 70(1), point (c)", "sourceUrl": "https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:01994L0062-20180704" }, { "id": "ppwd-prod-prepare-regulations-reporting", "role": "producer", "kind": "submission", "level": "company", "timing": "ongoing", "retired": "2026-09-24", "text": "Prepare for the regulation's reporting regime. Under Article 56 of Regulation (EU) 2025/40 Member States report the implementation of the recycling targets, the data on reusable packaging, the per-capita consumption of the four carrier bag classes and the separate collection rates, electronically within 19 months of the end of the reporting year; the first reporting year is the second full calendar year after the reporting-format implementing act, which the Commission must adopt by 12 February 2027, and Member States must require operators to supply the data.", "article": "Art. 56(1) to (4), Art. 56(7) and Art. 56(8)", "sourceUrl": "https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32025R0040" } ], "requirementsHash": "f1dc15b2befa687f", "penalties": { "text": "Directive 94/62/EC contains no penalty article: it was addressed to the Member States, which had to bring transposing laws into force before 30 June 1996 and could, provided the objectives of Articles 4 and 6 were met, transpose Article 4(1a) and Article 7 through enforceable, published and monitored agreements with the economic sectors concerned. Enforcement therefore ran entirely through national law. Regulation (EU) 2019/1020 lists the directive as point 9 of Annex I and listed it as point 8 of Annex II, the list of Union harmonisation legislation for which Member States must lay down penalties applicable to infringements that impose obligations on economic operators; Article 66 of Regulation (EU) 2025/40 deleted that Annex II point and added the regulation as point 75 of Annex I, so since 12 August 2026 the penalty duty for packaging runs through Article 68 of the regulation, under which Member States must have effective, proportionate and dissuasive penalties in place and notified by 12 February 2027, including administrative fines for infringements of its Articles 24 to 29. In Denmark the emballagebekendtgørelse punishes with a fine, unless a higher penalty is due under other legislation, fifty-nine listed breaches, among them making packaging available in breach of the essential requirements or the 100 ppm heavy-metal limit, breaching the glass and plastic crate derogations, failing to take the monthly glass furnace samples or to report an average above 200 ppm, failing to charge the DKK 4 minimum price for certain carrier bags, failing to hold or produce the composition and statistical information, failing to comply with an order for an investigation, marking packaging contrary to the marking rule, making packaging available without being registered as a producer or a collective scheme, giving false or misleading information, failing to report the quantities, failing to run the required self-control, failing to stop making packaging available after an order from Miljøstyrelsen, failing to produce documents, data or information demanded by the supervisory authority and failing to change or remove content on an online interface after an order. The penalty rises to imprisonment of up to 2 years where the breach was intentional or grossly negligent and either damaged or endangered the environment or obtained or was intended to obtain an economic advantage for the offender or for others, including through savings, and criminal liability may be imposed on legal persons under chapter 5 of the Danish criminal code. Miljøstyrelsen may also order an operator to produce documents, technical specifications, data, compliance information, supply-chain and distribution information and website-ownership information, acquire packaging samples including under a concealed identity and reverse engineer them, order the making available of packaging to stop, and order the owner of an online interface to change or remove content referring to non-compliant packaging where no other effective means exist to eliminate a serious risk; decisions of Dansk Producentansvar can be appealed to Miljøstyrelsen, and Miljøstyrelsen's own decisions cannot be taken to another administrative authority.", "source": "https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:01994L0062-20180704 · Art. 22(1) and (3a); https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32019R1020 · Art. 41(1), Annex I point 9 and Annex II point 8; https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32025R0040 · Art. 66 and Art. 68; https://www.retsinformation.dk/eli/lta/2025/1146 · § 115, § 116, § 117, § 119 and § 120" }, "checklist": [ "Start from the date: packaging placed on the market from 12 August 2026 is governed by Regulation (EU) 2025/40, not by Directive 94/62/EC, and references to the directive are read through the correlation table in Annex XIII of the regulation (Regulation (EU) 2025/40, Article 70(1) and (5)).", "List the four survivors and put their end dates in the compliance calendar: Article 8(2) material identification, open-ended until 30 months after the labelling implementing act; Article 9(1) and (2) for packaging minimisation to 31 December 2029; Article 5(2) and (3), Article 6(1) points (d) and (e) and Article 6a to 31 December 2028; Article 12(3a) to (4) to 31 December 2028, or 31 December 2029 for data sent to the Commission (Regulation (EU) 2025/40, Article 70(1)).", "Confirm each item is packaging at all, using the three criteria in Article 3(1) and the Annex I examples as replaced by Commission Directive 2013/2/EU, and remember that road, rail, ship and air containers are not transport packaging.", "Check whether your packaging still carries the identification marking and whether the codes match Commission Decision 97/129/EC; in Denmark the marking is optional under § 18 of the packaging order, but a wrong marking is a fineable offence.", "Re-base the heavy-metal check on Article 5(4) of Regulation (EU) 2025/40, the same 100 mg/kg sum of lead, cadmium, mercury and hexavalent chromium, and check whether you rely on Commission Decision 2001/171/EC for glass or Commission Decision 2009/292/EC for plastic crates and pallets, both still in force.", "Keep the national files alive: in Denmark the annex 3 composition information and the heavy-metal documentation for five years, the import, export and reusable packaging statistics for five years, and the technical documentation for closed-loop plastic crates and pallets for four years after the report.", "Check your producer registration and reporting: registration with Dansk Producentansvar at the latest 14 days before you start making packaging available, and the annual report by 1 June in kilograms per material category, split household and business and single-use and reusable.", "Move the design and documentation work to the regulation: substances of concern and the PFAS limits for food-contact packaging from 12 August 2026, recyclability and recycled content, minimisation from 1 January 2030, the Annex V format restrictions, harmonised labelling from 12 August 2028 at the earliest, the Annex VII technical documentation and the EU declaration of conformity.", "Check whether your Member State kept national format restrictions under Article 70(4) of Regulation (EU) 2025/40, which it may maintain until 1 January 2030 for the formats and uses in points 2 and 3 of its Annex V.", "Read the guide to Regulation (EU) 2025/40 for the live rulebook and put its dated milestones, not the directive's, into the plan." ], "faq": [ { "q": "Is Directive 94/62/EC still in force?", "a": "No. Regulation (EU) 2025/40, the Packaging and Packaging Waste Regulation, repealed Directive 94/62/EC with effect from 12 August 2026, the day the regulation itself started to apply. Four groups of provisions continue to apply for a limited time, and references to the directive are construed as references to the regulation and read through the correlation table in its Annex XIII. The Commission's packaging waste page puts it the same way: the directive was generally repealed on 12 August 2026, with some provisions continuing after that date.", "source": "https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32025R0040 · Art. 70(1), Art. 70(5) and Art. 71; https://environment.ec.europa.eu/topics/waste-and-recycling/packaging-waste_en" }, { "q": "Which provisions of the Packaging Directive still apply after 12 August 2026?", "a": "Article 70(1) of Regulation (EU) 2025/40 lists exactly four. Article 8(2), the marking and identification system, continues until 30 months from the entry into force of the implementing act adopted under Article 12(6) of the regulation, which the Commission had to adopt by 12 August 2026 and which was still unadopted on 17 September 2026, when the Commission's implementation page and the industry tracker of the secondary legislation both recorded it as delayed in preparation, so no end date is fixed yet. Check this date before relying on it. Article 9(1) and (2) continue with regard to the essential requirements under the first indent of point 1 of Annex II, the minimisation of packaging volume and weight, until 31 December 2029. Article 5(2) and (3), Article 6(1) points (d) and (e) and Article 6a continue until 31 December 2028. Article 12(3a), (3b), (3c) and (4) continue until 31 December 2028, except as regards the transmission of data to the Commission, which continues until 31 December 2029. Separately, Decision 97/129/EC is repealed from 12 August 2028, Decisions 2001/171/EC and 2009/292/EC stay in force until repealed by delegated acts, and Member States may keep national format restrictions until 1 January 2030.", "source": "https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32025R0040 · Art. 70(1) to Art. 70(4), and Art. 12(6); https://green-forum.ec.europa.eu/packaging-and-packaging-waste-regulation-implementation_en" }, { "q": "Do I still have to put the PET 1 or HDPE 2 material code on my packaging?", "a": "At EU level the rule survives: Article 8(2) of the directive says packaging shall indicate, for identification and classification by the industry concerned, the nature of the packaging materials used on the basis of Commission Decision 97/129/EC, and Article 8(3) requires the marking to sit on the packaging or the label, be clearly visible and easily legible and be appropriately durable and lasting, including when the packaging is opened. It continues until 30 months after the labelling implementing act under Article 12(6) of Regulation (EU) 2025/40 enters into force. How it bites in practice depends on national transposition: in Denmark § 18 of the packaging order says packaging marketed in the country may carry a marking of the nature of the packaging materials, and that if it does, the marking must use the abbreviations and number codes of annex 4 and meet the visibility and durability conditions. The harmonised material composition label under the regulation will replace this from 12 August 2028 at the earliest, or 24 months after the implementing acts if that is later.", "source": "https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:01994L0062-20180704 · Art. 8(2) and (3); https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32025R0040 · Art. 12(1), Art. 12(6) and Art. 70(1), point (a); https://www.retsinformation.dk/eli/lta/2025/1146 · § 18" }, { "q": "What happened to the 100 ppm heavy-metal limit for packaging?", "a": "It moved. Article 11(1) of the directive capped the sum of the concentration levels of lead, cadmium, mercury and hexavalent chromium in packaging or packaging components at 600 ppm by weight two years after the transposition date, 250 ppm after three years and 100 ppm after five years, that is from 30 June 2001, and Article 11(2) exempted packaging made entirely of lead crystal glass. Article 11 was repealed on 12 August 2026. Article 5(4) of Regulation (EU) 2025/40 now sets the same sum at 100 mg/kg directly, without prejudice to the REACH Annex XVII restrictions and the food-contact rules, and adds the PFAS limits for food-contact packaging from 12 August 2026. The two derogation decisions, 2001/171/EC for glass packaging and 2009/292/EC for plastic crates and pallets in a closed and controlled chain, remain in force until repealed by delegated acts under Article 5(8) of the regulation.", "source": "https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:01994L0062-20180704 · Art. 11(1) and (2); https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32025R0040 · Art. 5(4), Art. 5(5), Art. 5(8), Art. 70(1) and Art. 70(3)" }, { "q": "What were the PPWD recycling targets, and who has to meet them now?", "a": "Article 6(1) of the directive set nine sets of targets for Member States. By 30 June 2001, 50 to 65 per cent of packaging waste recovered or incinerated with energy recovery and 25 to 45 per cent recycled with at least 15 per cent per material; by 31 December 2008, at least 60 per cent recovered, 55 to 80 per cent recycled and, per material, 60 per cent glass, 60 per cent paper and board, 50 per cent metals, 22,5 per cent plastics counting only material recycled back into plastics and 15 per cent wood; by 31 December 2025, 65 per cent of all packaging waste with 50 per cent plastic, 25 per cent wood, 70 per cent ferrous metals, 50 per cent aluminium, 70 per cent glass and 75 per cent paper and cardboard; and by 31 December 2030, 70 per cent overall with 55, 30, 80, 60, 75 and 85 per cent for the same six materials. The 2025 and 2030 sets moved to Article 52 of Regulation (EU) 2025/40 on 12 August 2026, with the calculation rules in Article 53; only points (d) and (e), the 2008 targets, and Article 6a survive in the directive until 31 December 2028. The targets bind Member States, not individual companies, but they drive the national collection systems and the extended producer responsibility fees that companies fund.", "source": "https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:01994L0062-20180704 · Art. 6(1) and Art. 6a; https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32025R0040 · Art. 52, Art. 53 and Art. 70(1), point (c)" }, { "q": "Which Danish rules apply to packaging today?", "a": "Bekendtgørelse nr. 1146 of 29 September 2025 on certain requirements for packaging, extended producer responsibility for packaging and other waste collected with packaging waste, the emballagebekendtgørelse, has been in force since 1 October 2025 and replaced order nr. 323 of 20 March 2025. Its footnote states that it implements parts of Directive 94/62/EC as last amended by Directive (EU) 2018/852 and parts of Directive (EU) 2019/904. It still requires packaging marketed in Denmark to meet the essential requirements of its annex 2 and the 100 ppm heavy-metal limit, keeps the glass and closed-loop plastic crate derogations, makes the material marking optional but regulated, sets a minimum price of DKK 4 for certain carrier bags, and builds the producer register run by Dansk Producentansvar with registration 14 days before you start and reporting by 1 June each year. Miljøstyrelsen supervises and can fine, with imprisonment of up to 2 years in aggravating circumstances.", "source": "https://www.retsinformation.dk/eli/lta/2025/1146 · title footnote, § 4, § 5, § 12, § 18, § 21, § 27, § 115, § 120 and § 121; https://mst.dk/erhverv/groen-produktion-og-affald/producentansvar/emballage/miljoekrav-til-emballage" }, { "q": "Does packaging placed on the market before 12 August 2026 have to be withdrawn?", "a": "The repeal does not itself require withdrawal. Packaging placed on the market before 12 August 2026 had to satisfy the national law transposing the directive as it then stood, including the Annex II essential requirements and the 100 ppm heavy-metal limit, and the assessment is made on the date the packaging was placed on the market. From 12 August 2026, packaging may be placed on the market only if it complies with Regulation (EU) 2025/40. The regulation gives one express run-off: packaging manufactured in the Union or imported before the labelling deadlines of its Article 12(1), (2) and (4) that does not comply with those labelling criteria may be made available for up to three years from the entry into force of those labelling requirements.", "source": "https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:01994L0062-20180704 · Art. 9(1) and Art. 11(1); https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32025R0040 · Art. 4(1), Art. 12(12) and Art. 71" }, { "q": "Why does the packaging minimisation requirement survive until the end of 2029?", "a": "Because the regulation's own minimisation duty starts later. Article 70(1), point (b) of Regulation (EU) 2025/40 keeps Article 9(1) and (2) of the directive alive until 31 December 2029, but only with regard to the essential requirement in the first indent of point 1 of Annex II: packaging shall be so manufactured that the packaging volume and weight be limited to the minimum adequate amount to maintain the necessary level of safety, hygiene and acceptance for the packed product and for the consumer. Article 10(1) of the regulation requires manufacturers and importers, by 1 January 2030, to ensure that packaging placed on the market is designed so that its weight and volume are reduced to the minimum necessary to ensure its functionality, with the performance criteria of Annex IV and the technical documentation of Annex VII. Article 9(2) of the directive also keeps the presumption of conformity from harmonised standards alive for that requirement in the meantime.", "source": "https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:01994L0062-20180704 · Art. 9(1) and (2) and Annex II, point 1, first indent; https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32025R0040 · Art. 70(1), point (b), Art. 10(1) and Art. 10(4)" } ], "changelog": [ { "date": "2026-09-13", "kind": "guidance", "title": "Guide rebuilt as a transition page from the repeal article of Regulation (EU) 2025/40", "summary": "The guide was rewritten from the consolidated directive, the repeal and transitional article of Regulation (EU) 2025/40, the seven amending acts and the Danish packaging order nr. 1146 of 29 September 2025. The earlier statement that the directive remains the live legal basis until the regulation's provisions take effect is corrected: the directive was repealed on 12 August 2026 and only four groups of provisions survive, with their exact end dates. The recovery and recycling targets are now given per point of Article 6(1) with the material percentages, the heavy-metal limit is traced from Article 11 to Article 5(4) of the regulation, the material identification marking is shown as a surviving duty with no fixed end date, the description of the marking as a system that merely allows packaging to indicate the material is corrected against the wording of Article 8(2), and the Danish rules are named and sourced rather than described as being rolled out.", "source": "https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32025R0040 · Art. 70; https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:01994L0062-20180704 · Art. 6, Art. 8, Art. 9 and Art. 11; https://www.retsinformation.dk/eli/lta/2025/1146" }, { "date": "2026-08-12", "kind": "applies", "title": "Directive 94/62/EC repealed; Regulation (EU) 2025/40 applies", "summary": "The Packaging and Packaging Waste Regulation started to apply and the directive was repealed, with four exceptions: Article 8(2) until 30 months from the entry into force of the labelling implementing act under Article 12(6) of the regulation; Article 9(1) and (2) for the first indent of point 1 of Annex II until 31 December 2029; Article 5(2) and (3), Article 6(1) points (d) and (e) and Article 6a until 31 December 2028; and Article 12(3a), (3b), (3c) and (4) until 31 December 2028, or until 31 December 2029 for the transmission of data to the Commission. References to the directive are read as references to the regulation through the correlation table in Annex XIII.", "source": "https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32025R0040 · Art. 70(1), Art. 70(5) and Art. 71" }, { "date": "2025-10-01", "kind": "applies", "title": "Danish executive order nr. 1146/2025, the emballagebekendtgørelse, in force", "summary": "The order replaced order nr. 323 of 20 March 2025 and still transposes parts of Directive 94/62/EC as last amended by Directive (EU) 2018/852 and parts of Directive (EU) 2019/904: the essential requirements, the 100 ppm heavy-metal limit with the glass and closed-loop plastic crate derogations, the optional but regulated material marking, the DKK 4 minimum price for certain carrier bags, the composition and statistics records, and the producer register run by Dansk Producentansvar with registration 14 days ahead and annual reporting by 1 June.", "source": "https://www.retsinformation.dk/eli/lta/2025/1146 · title footnote, § 4, § 5, § 12, § 18, § 21, § 27 and § 121" }, { "date": "2025-02-11", "kind": "in-force", "title": "Regulation (EU) 2025/40 enters into force", "summary": "The Packaging and Packaging Waste Regulation, adopted on 19 December 2024 and published in OJ L 2025/40 on 22 January 2025, entered into force on the twentieth day after publication as the act that amends Regulation (EU) 2019/1020 and Directive (EU) 2019/904 and repeals Directive 94/62/EC.", "source": "https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32025R0040 · title and Art. 71" }, { "date": "2018-07-04", "kind": "amendment", "title": "Directive (EU) 2018/852 amends the directive with the circular economy package", "summary": "It adds the 2025 and 2030 recycling targets and the five-year postponement option, the calculation rules of Article 6a and the early warning report of Article 6b, requires extended producer responsibility schemes for all packaging by 31 December 2024, rewrites prevention, reuse and the reporting regime of Article 12, and updates Annexes II, III and IV. In force 4 July 2018, transposition by 5 July 2020.", "source": "https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32018L0852 · Art. 1, Art. 2 and Art. 3" }, { "date": "2015-05-26", "kind": "amendment", "title": "Directive (EU) 2015/720 adds the lightweight plastic carrier bag rules", "summary": "It defines plastic carrier bags and their weight classes, obliges Member States to achieve a sustained reduction in the consumption of lightweight bags below 50 microns through targets, economic instruments or marketing restrictions, and adds the labelling of biodegradable and compostable bags and Commission reporting. In force 26 May 2015, transposition by 27 November 2016.", "source": "https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32015L0720 · Art. 1, Art. 2 and Art. 3" }, { "date": "2013-02-28", "kind": "amendment", "title": "Commission Directive 2013/2/EU replaces the Annex I examples", "summary": "It rewrites the illustrative examples for the three criteria of Article 3(1) to settle borderline cases, confirming among others that beverage system capsules left empty after use, sterile barrier systems and refillable steel gas cylinders are packaging while tea bags, printer cartridges, soluble detergent bags and RFID tags are not. In force 28 February 2013, transposition by 30 September 2013.", "source": "https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32013L0002 · Art. 1, Art. 2 and Art. 3" }, { "date": "2009-04-20", "kind": "amendment", "title": "Regulation (EC) No 219/2009 aligns the Commission's powers to the regulatory procedure with scrutiny", "summary": "It converts the powers over the illustrative examples of the definition of packaging, the conditions under which the heavy-metal concentration levels do not apply, the exempted packaging types and the technical measures for difficulties in application into the regulatory procedure with scrutiny of Article 5a of Decision 1999/468/EC. In force 20 April 2009.", "source": "https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32009R0219 · Annex, point 3.3" }, { "date": "2005-04-05", "kind": "amendment", "title": "Directive 2005/20/EC lets the 2004 accession states postpone the 2008 targets", "summary": "It adds Article 6(11), under which the Member States that acceded under the Accession Treaty of 16 April 2003 could postpone the targets of Article 6(1) points (b), (d) and (e) to a date of their own choosing, no later than 31 December 2012 for seven of them, 31 December 2013 for Malta, 31 December 2014 for Poland and 31 December 2015 for Latvia. In force 5 April 2005, transposition by 9 September 2006.", "source": "https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32005L0020 · Art. 1, Art. 2 and Art. 3" }, { "date": "2004-02-18", "kind": "amendment", "title": "Directive 2004/12/EC adds the definition criteria and the 2008 targets", "summary": "It puts three criteria behind the definition of packaging, makes Annex I an illustrative list of their application, and sets the 2008 recovery and recycling targets, including 60 per cent for glass, 60 per cent for paper and board, 50 per cent for metals, 22,5 per cent for plastics counting only material recycled back into plastics and 15 per cent for wood. In force 18 February 2004, transposition by 18 August 2005.", "source": "https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32004L0012 · Art. 1, Art. 2 and Art. 3" }, { "date": "2003-11-20", "kind": "amendment", "title": "Regulation (EC) No 1882/2003 aligns the committee provisions", "summary": "The first amendment to the directive, a horizontal alignment of the committee provisions of instruments adopted under the Article 251 procedure to Council Decision 1999/468/EC; it is recorded as amendment M1 of the consolidated text. In force 20 November 2003.", "source": "https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:01994L0062-20180704 · list of amending acts, entry M1" }, { "date": "1994-12-31", "kind": "in-force", "title": "Directive 94/62/EC enters into force", "summary": "Adopted on 20 December 1994 and published in OJ L 365 on 31 December 1994, the directive entered into force on the day of its publication and repealed Council Directive 85/339/EEC from the transposition date. Member States had to bring their transposing laws into force before 30 June 1996, the essential requirements applied from 31 December 1997, and packaging manufactured before entry into force and conforming to existing national law could still be placed on the market for five years.", "source": "https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:01994L0062-20180704 · Art. 9(1), Art. 22, Art. 23 and Art. 24" } ], "sources": [ { "label": "Directive 94/62/EC on packaging and packaging waste, consolidated text of 4 July 2018 (EUR-Lex)", "url": "https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:01994L0062-20180704" }, { "label": "Directive 94/62/EC as published in OJ L 365, 31 December 1994 (EUR-Lex)", "url": "https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:31994L0062" }, { "label": "Document information, dates, corrigenda, amending acts and repeal for CELEX 31994L0062 (EUR-Lex)", "url": "https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=CELEX:31994L0062" }, { "label": "Regulation (EU) 2025/40 on packaging and packaging waste, the act that repeals the directive (EUR-Lex)", "url": "https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32025R0040" }, { "label": "Directive (EU) 2018/852 amending Directive 94/62/EC, the circular economy package (EUR-Lex)", "url": "https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32018L0852" }, { "label": "Directive (EU) 2015/720 amending Directive 94/62/EC as regards lightweight plastic carrier bags (EUR-Lex)", "url": "https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32015L0720" }, { "label": "Commission Directive 2013/2/EU amending Annex I to Directive 94/62/EC (EUR-Lex)", "url": "https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32013L0002" }, { "label": "Regulation (EC) No 219/2009 adapting instruments to the regulatory procedure with scrutiny (EUR-Lex)", "url": "https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32009R0219" }, { "label": "Directive 2005/20/EC amending Directive 94/62/EC for the Member States that acceded in 2004 (EUR-Lex)", "url": "https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32005L0020" }, { "label": "Directive 2004/12/EC amending Directive 94/62/EC, the definition criteria and the 2008 targets (EUR-Lex)", "url": "https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32004L0012" }, { "label": "Regulation (EC) No 1882/2003 on the committee provisions of instruments adopted under the Article 251 procedure (EUR-Lex)", "url": "https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32003R1882" }, { "label": "Commission Decision 97/129/EC establishing the identification system for packaging materials, OJ L 50, 20 February 1997 (EUR-Lex)", "url": "https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:31997D0129" }, { "label": "Commission Decision 2001/171/EC on the derogation for glass packaging from the heavy-metal limit (EUR-Lex)", "url": "https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32001D0171" }, { "label": "Commission Decision 2009/292/EC on the derogation for plastic crates and pallets in a closed and controlled chain (EUR-Lex)", "url": "https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32009D0292" }, { "label": "Regulation (EU) 2019/1020 on market surveillance and compliance of products (EUR-Lex)", "url": "https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32019R1020" }, { "label": "Packaging waste (European Commission, DG Environment)", "url": "https://environment.ec.europa.eu/topics/waste-and-recycling/packaging-waste_en" }, { "label": "Packaging and Packaging Waste Regulation, implementation timeline and national competent authorities (European Commission, Green Forum)", "url": "https://green-forum.ec.europa.eu/packaging-and-packaging-waste-regulation-implementation_en" }, { "label": "Bekendtgørelse nr. 1146 af 29. september 2025 om visse krav til emballager, udvidet producentansvar for emballage samt øvrigt affald der indsamles med emballageaffald (Retsinformation)", "url": "https://www.retsinformation.dk/eli/lta/2025/1146" }, { "label": "Miljøkrav til emballage (Miljøstyrelsen)", "url": "https://mst.dk/erhverv/groen-produktion-og-affald/producentansvar/emballage/miljoekrav-til-emballage" }, { "label": "Producentansvar for emballage, typiske spørgsmål og svar (Miljøstyrelsen)", "url": "https://mst.dk/erhverv/groen-produktion-og-affald/producentansvar/emballage/producentansvar-for-emballage/typiske-spoergsmaal-og-svar" } ], "reviewer": { "name": "Conphora compliance team", "role": "Compliance editors, Conphora" }, "reviewedAt": "2026-09-24", "nextReview": "2027-03-13", "links": { "tools": [], "courses": [], "related": { "en": "/regulations/ppwd/", "dk": "/dk/eu-regulativer/ppwd/" } } }