--- title: "We do not know what the packaging rules mean for us" description: "The Packaging and Packaging Waste Regulation (EU) 2025/40 has applied since 12 August 2026 and replaces Directive 94/62/EC. It covers all packaging. Some duties apply now, such as the substance limits, the conformity file and the name and address on packaging. Others start later: harmonised labels from 12 August 2028 at the earliest, and minimisation, recyclability and recycled content from 2030 at the earliest. Map your packaging and role first." type: "problem" url: "https://www.conphora.com/solutions/problem/packaging-rules-meaning/" markdown: "https://www.conphora.com/solutions/problem/packaging-rules-meaning.md" locale: "en" language: "en" updated: "2026-10-05" author: "Conphora compliance team" publisher: "Conphora" source: "https://eur-lex.europa.eu/eli/reg/2025/40/oj" tags: ["PPWR", "PPWD", "labelling-packaging"] license: "Free to quote with attribution and a link to the page" --- # We do not know what the packaging rules mean for us The Packaging and Packaging Waste Regulation (EU) 2025/40 has applied since 12 August 2026 and replaces Directive 94/62/EC. It covers all packaging. Some duties apply now, such as the substance limits, the conformity file and the name and address on packaging. Others start later: harmonised labels from 12 August 2028 at the earliest, and minimisation, recyclability and recycled content from 2030 at the earliest. Map your packaging and role first. ## Why this happens The Packaging and Packaging Waste Regulation (EU) 2025/40 sets requirements for the whole life cycle of packaging as regards environmental sustainability and labelling, and rules on extended producer responsibility, waste prevention and the collection and treatment of packaging waste (Article 1(1)). It applies to all packaging, whatever the material, and to all packaging waste (Article 2(1)). It entered into force on the twentieth day after its publication on 22 January 2025 and applies from 12 August 2026 (Article 71). [1] It replaces a directive. Directive 94/62/EC is repealed with effect from 12 August 2026, with a few exceptions: the material identification under its Article 8(2) continues until 30 months after the implementing act on labels enters into force; the essential requirement on minimisation in its Annex II, point 1, first indent, continues until 31 December 2029; its provisions on Member States' recycling targets, their calculation and reporting continue until 31 December 2028, and the transmission of data to the Commission until 31 December 2029 (Article 70(1)). Because the regulation is directly applicable, the same rules now apply in every Member State, but registration and fees for producer responsibility still run through national registers and schemes. [1] [2] The product requirements in Articles 5 to 12 have different dates. The heavy metal limit of 100 mg/kg (Article 5(4)) and the PFAS limits for food-contact packaging from 12 August 2026 (Article 5(5)) apply now. Harmonised labelling follows from 12 August 2028 or 24 months after the implementing acts (Article 12(1)); packaging minimisation by 1 January 2030 (Article 10(1)); design for recycling from 1 January 2030 or 24 months after the delegated acts (Article 6(2)); minimum recycled content in plastic parts by 1 January 2030 or 3 years after the implementing act (Article 7(1)); and the restrictions on certain packaging formats in Annex V from 1 January 2030 (Article 25(1)). Actions before the General Court seek the annulment of parts of the regulation, among them Article 7 (Case T-243/25) and the Annex V format restrictions; a pending action does not suspend the provisions. [1] The duties follow the role. The manufacturer is whoever manufactures packaging or a packaged product, or has it designed or manufactured under its own name or trade mark (Article 3(1), point (13)). It places only conforming packaging on the market, carries out the conformity assessment in Article 38, draws up the technical documentation and the EU declaration of conformity, and gives its name and postal address on the packaging or through a data carrier (Article 15(1), (2) and (6)). Importers check that this has been done and add their own details (Article 18(2) and (3)); distributors verify the registration, the labelling and the operator details before they sell (Article 19(2)). [1] Producer responsibility sits alongside. Producers register in each Member State where they make packaging available for the first time (Article 44(2)) and carry extended producer responsibility for that packaging (Article 45(1)). Who counts as a producer is defined separately in Article 3(1), point (15), and is not always the same company as the manufacturer. [1] ## How to solve it 1. **Map your packaging units and your role for each** List every packaging unit you place on the market or make available: sales, grouped, transport and e-commerce packaging. For each, note whether you are the manufacturer (you make it or have it made under your name or trade mark), the importer of packaging from a third country, or a distributor. 2. **Separate what applies now from what is phased in** The regulation applies from 12 August 2026, but several requirements carry their own later dates. Put the dates in a table per packaging unit, and read each one from the article itself, because many run from a fixed date or from a Commission act, whichever is later. 3. **Check the limits that already bite** The sum of lead, cadmium, mercury and hexavalent chromium in packaging or packaging components may not exceed 100 mg/kg. From 12 August 2026, food-contact packaging may not be placed on the market with PFAS at or above the limit values in Article 5(5). Ask your packaging suppliers for the data. 4. **Build the conformity file and the declaration** Before placing packaging on the market, the manufacturer carries out the conformity assessment in Annex VII, draws up the technical documentation and an EU declaration of conformity, and puts its name, postal address and an identification number on the packaging. Importers check that this has been done. 5. **Follow the Commission acts that set the details** Labels, the empty space method, recyclability grades and the producer register formats depend on implementing and delegated acts. Watch for their adoption, because several deadlines count from the date those acts enter into force. ## What you need to show - **Technical documentation per packaging unit** — The manufacturer (PPWR Articles 15(2) and 38, Annex VII) - **EU declaration of conformity for the packaging** — The manufacturer (PPWR Article 39) - **Information from packaging suppliers on materials and substances** — The supplier of packaging or packaging materials (PPWR Article 16) ## If you do nothing - **Missing paperwork can take the packaging off the market** — A missing or incorrect declaration of conformity, incomplete technical documentation or missing manufacturer details is formal non-compliance; if it persists, the Member State prohibits the packaging or ensures it is recalled or withdrawn (PPWR Article 62(1)(a)–(f) and (2)). - **Distributors check before they sell** — A distributor verifies that the producer is registered, that the packaging is labelled and that the manufacturer's and importer's details are given, and does not make the packaging available while it has reason to believe that the packaging does not conform or that the manufacturer's or importer's details are missing (PPWR Article 19(2) and (3)). - **National penalties apply** — Member States lay down effective, proportionate and dissuasive penalties by 12 February 2027; penalties for failing Articles 24 to 29 include administrative fines (PPWR Article 68(1) and (2)). ## Questions ### Is Directive 94/62/EC still in force? It is repealed with effect from 12 August 2026, except for a few provisions that continue for a transition period: the material identification under its Article 8(2), the essential requirement on minimisation (Annex II, point 1, first indent, through its Article 9(1) and (2)) until 31 December 2029, and the provisions on Member States' recycling targets, how they are calculated and how they are reported until 31 December 2028 (PPWR Article 70(1)). ### Does the regulation apply to transport packaging and B2B packaging? Yes. It applies to all packaging, whatever the material, and to all packaging waste, whether it comes from industry, retail, offices, services or households (PPWR Article 2(1)). ### When do we need the new harmonised label? From 12 August 2028 or 24 months after the implementing acts on the label enter into force, whichever is later (PPWR Article 12(1)). Packaging made or imported before then may be made available for 3 years from the date the labelling requirement applies (Article 12(12)). ### We only resell packaged goods. What do we have to do? Distributors act with due care, verify the producer's registration, the labelling and the manufacturer's and importer's details, and keep storage and transport from affecting conformity (PPWR Article 19(1) to (3)). ### When do recyclability and recycled content apply? Design for recycling applies from 1 January 2030 or 24 months after the delegated acts, whichever is later; minimum recycled content in plastic parts by 1 January 2030 or 3 years after the implementing act, whichever is later (PPWR Articles 6(2) and 7(1)). ## Regulations involved PPWR, PPWD ## Sources 1. [Regulation (EU) 2025/40 on packaging and packaging waste](https://eur-lex.europa.eu/eli/reg/2025/40/oj) — EUR-Lex, 2026-10-04 2. [Directive 94/62/EC on packaging and packaging waste (consolidated text of 4 July 2018)](https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:01994L0062-20180704) — EUR-Lex, 2026-10-04