{
  "type": "problem",
  "slug": "packaging-empty-space",
  "lang": "en",
  "url": "https://www.conphora.com/solutions/problem/packaging-empty-space/",
  "markdown": "https://www.conphora.com/solutions/problem/packaging-empty-space.md",
  "title": "Our e-commerce parcels are mostly air",
  "description": "The PPWR empty space rule for e-commerce, transport and grouped packaging: the 50 % ratio, what counts as empty space, the dates, and the exemptions.",
  "answer": "The Packaging and Packaging Waste Regulation (EU) 2025/40 requires whoever fills e-commerce, transport or grouped packaging to keep the empty space ratio at or below 50 %, from 1 January 2030 or 3 years after the Commission's calculation method enters into force, whichever is later. Paper, air cushions and other fillers count as empty space. Measure your parcels now and plan box sizes before the date applies.",
  "theme": {
    "id": "labelling-packaging",
    "label": "Labelling and packaging"
  },
  "roles": [
    {
      "id": "online-seller",
      "label": "Online seller"
    },
    {
      "id": "manufacturer",
      "label": "Manufacturer"
    },
    {
      "id": "fulfilment-provider",
      "label": "Fulfilment provider"
    }
  ],
  "regulations": [
    "PPWR",
    "PPWD"
  ],
  "path": [
    "regulation-library",
    "knowledge-articles"
  ],
  "trigger": "Customers complain about oversized boxes, or a retailer or your fulfilment partner asks how you will meet the empty space rule",
  "keep": null,
  "why": [
    {
      "text": "E-commerce packaging is a defined term. Under the Packaging and Packaging Waste Regulation (EU) 2025/40 it is transport packaging used to deliver products to the end user in online or other distance sales (Article 3(1), point (8)). Transport packaging facilitates handling and transport to prevent damage (point (7)), and grouped packaging groups sales units at the point of sale (point (6)).",
      "sources": [
        1
      ]
    },
    {
      "text": "The ratio rule targets whoever fills these packages. By 1 January 2030 or 3 years from the entry into force of the implementing acts on the calculation method, whichever is later, economic operators who fill grouped packaging, transport packaging or e-commerce packaging ensure that the maximum empty space ratio is 50 % (Article 24(1)). The Commission adopts the method by 12 February 2028, taking into account cases such as irregular shapes, several sales units in one package, liquids, fragile products, small products that larger ones could damage, and the space needed for shipping labels (Article 24(2)).",
      "sources": [
        1
      ]
    },
    {
      "text": "The calculation is fixed in the text. Empty space is the difference between the total volume of the grouped, transport or e-commerce packaging and the volume of the sales packaging it contains; the ratio is that empty space divided by the total volume (Article 24(3)(a) and (b)). Space filled by paper cuttings, air cushions, bubble wrap, sponge and foam fillers, wood wool, polystyrene or Styrofoam chips counts as empty space (Article 24(3)).",
      "sources": [
        1
      ]
    },
    {
      "text": "Two exemptions apply to the 50 % rule. Operators that use sales packaging as e-commerce packaging, and operators that use reusable packaging within a re-use system, are exempt, but their sales packaging must still meet the minimisation requirements of Article 10 (Article 24(5)). Article 10 requires the manufacturer or importer to design packaging, by 1 January 2030, so that its weight and volume are reduced to the minimum necessary for its functionality (Article 10(1)), and to keep off the market packaging with characteristics that only increase the perceived volume of the product, such as double walls, false bottoms and unnecessary layers, with exceptions for designs and trade marks protected before 11 February 2025 and for products with a protected geographical indication or under a Union quality scheme (Article 10(2)(a) and (b)). Article 10(2) carries no date of its own.",
      "sources": [
        1
      ]
    },
    {
      "text": "Sales packaging has its own, earlier rule. By 12 February 2028, operators who fill sales packaging reduce empty space to the minimum needed for functionality, including product protection (Article 24(4)). Fulfilment service providers make sure warehousing, handling and packing do not jeopardise compliance with Articles 5 to 12 (Article 20). The Commission reviews the ratio and its exemptions by 12 February 2032 (Article 24(6)).",
      "sources": [
        1
      ]
    },
    {
      "text": "The old rule has not disappeared yet. Article 9(1) and (2) of Directive 94/62/EC, which make the essential requirements in its Annex II a condition for placing packaging on the market, continue to apply until 31 December 2029 as regards the first requirement of Annex II, point 1 (PPWR Article 70(1)(b)): packaging is manufactured so 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 (Directive 94/62/EC, Annex II, point 1).",
      "sources": [
        1,
        2
      ]
    }
  ],
  "steps": [
    {
      "name": "Find out who fills the parcel",
      "text": "The duty lies with the economic operator that fills the grouped, transport or e-commerce packaging. If your fulfilment provider packs your orders, agree in the contract who measures and who chooses the box, because the provider must also keep handling and packing from undermining compliance.",
      "item": "regulation-library"
    },
    {
      "name": "Measure a sample of real parcels",
      "text": "For a representative set of orders, record the outer volume of the parcel and the volume of the sales packaging inside it. Empty space is the difference; the ratio is the empty space divided by the outer volume. Treat every filler as empty space in the calculation."
    },
    {
      "name": "Right-size the box range",
      "text": "Use the measurements to choose fewer, better-fitting box sizes, or adjustable packaging, for your most frequent order profiles. Note the cases where more space is needed to protect the product or to fit a shipping label, because the Commission method must take such cases into account."
    },
    {
      "name": "Use the product's own packaging where it protects",
      "text": "Sales packaging that is used as e-commerce packaging is exempt from the 50 % ratio, but must still meet the minimisation requirement for weight and volume. Shipping in the product box, where it protects the product, removes the outer carton altogether.",
      "item": "knowledge-articles"
    },
    {
      "name": "Check the sales packaging itself",
      "text": "By 12 February 2028, operators who fill sales packaging reduce the empty space in it to the minimum needed for functionality, including protection. The manufacturer or importer also keeps packaging with features that only increase perceived volume, such as double walls, false bottoms and unnecessary layers, off the market."
    }
  ],
  "documents": [
    {
      "name": "Empty space measurements per order profile and box size",
      "from": "You or your fulfilment provider",
      "ground": "PPWR Article 24(1) and (3)"
    },
    {
      "name": "Technical documentation showing packaging minimisation",
      "from": "The manufacturer of the packaging or packaged product",
      "ground": "PPWR Article 10(4) and Annex VII"
    }
  ],
  "risks": [
    {
      "title": "Breaches are formal non-compliance with penalties",
      "text": "Not complying with the restrictions on excessive packaging in Article 24 is listed as formal non-compliance; if it persists, the Member State applies its penalties (PPWR Article 62(1)(g) and (3)).",
      "source": 1
    },
    {
      "title": "Penalties include administrative fines",
      "text": "The penalties for failing to comply with Articles 24 to 29 include administrative fines, laid down by each Member State by 12 February 2027 (PPWR Article 68(1) and (2)).",
      "source": 1
    }
  ],
  "faq": [
    {
      "q": "From when does the 50 % rule apply?",
      "a": "From 1 January 2030 or 3 years after the entry into force of the Commission's implementing acts on the calculation method, whichever is later (PPWR Article 24(1)). The Commission adopts that method by 12 February 2028 (Article 24(2))."
    },
    {
      "q": "Do paper fill and air cushions count?",
      "a": "Yes. Space filled by filling materials such as paper cuttings, air cushions, bubble wrap, foam fillers, wood wool or polystyrene chips counts as empty space (PPWR Article 24(3), last subparagraph)."
    },
    {
      "q": "Does the rule apply if we ship in the product's own box?",
      "a": "Operators using sales packaging as e-commerce packaging are exempt from the 50 % ratio, but the packaging must comply with the minimisation requirements of Article 10 (PPWR Article 24(5))."
    },
    {
      "q": "Is there any minimisation rule before 2030?",
      "a": "Yes. Article 9(1) and (2) of Directive 94/62/EC continue to apply until 31 December 2029 as regards the essential requirement that packaging volume and weight be limited to the minimum adequate amount (PPWR Article 70(1)(b); Directive 94/62/EC Annex II, point 1)."
    },
    {
      "q": "Is there a rule for the retail box as well?",
      "a": "Yes. By 12 February 2028, operators filling sales packaging reduce empty space to the minimum necessary for its functionality, including product protection (PPWR Article 24(4)). From 1 January 2030, packaging weight and volume are reduced to the minimum necessary (Article 10(1))."
    }
  ],
  "sources": [
    {
      "title": "Regulation (EU) 2025/40 on packaging and packaging waste",
      "publisher": "EUR-Lex",
      "url": "https://eur-lex.europa.eu/eli/reg/2025/40/oj",
      "accessed": "2026-10-04"
    },
    {
      "title": "Directive 94/62/EC on packaging and packaging waste (consolidated text of 4 July 2018)",
      "publisher": "EUR-Lex",
      "url": "https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:01994L0062-20180704",
      "accessed": "2026-10-04"
    }
  ],
  "related": [
    "packaging-rules-meaning",
    "packaging-producer-or-not",
    "fulfilment-provider-duties",
    "epr-registration-country"
  ],
  "reviewer": "Conphora compliance team",
  "reviewedAt": "2026-10-04",
  "notice": "General information, not legal advice."
}